EXHIBIT V
000471
I
PRESENT:
ABSENT:
CHARTER REVIEW COMMITTEE
City of Riverside
June 24, 2004, 5 p.m.
Mayor's Ceremonial Room
3900 Main Street
MINUTES
Members Barry Johnson, Marjorie von Pohle, Damon Castillo, Dale McNair, Ray Higgins, Rusty Bailey, Marcia McQuern, Dorothy Bailey, Connie Leach, Stan Stosel, Sharon Tyrrell, Art Garcia, Mike Teer, Rose Mayes, Vice-Chair Ben Johnson, and Chair Eric Haley
Gar Brewton (excused)
STAFF PRESENT: Colleen Nicol, Gregory Priamos, Cheryl Baiz, Tricia Ruiz, and Susan Wilson
ALSO PRESENT: Phyllis Purcell, Ralph Guidera, Barbara Purvis, Jennifer Vaughn-Blakely, and others
Chair Haley convened the Charter Review Committee meeting at 5:05 p.m.
The Pledge of Allegiance was given to the Flag.
ORAL COMMUNICATIONS FROM THE AUDIENCE
Jennifer Vaughn-Blakely, Chair of The Group, spoke about studies that have been written on the behaviors of public officials and recommended the Incorporation of a Code of Ethics to the City Charter. The City Attorney advised the Committee to discuss only agendized Items and suggested adding an additional meeting to address the issue.
Chair Haley proposed the formation of a committee to review drafts for input along with Code of Ethics models from other Cities. Motion was made by Member Teer and seconded by Member Mayes to consider the incorporation of a Code of Ethics as a future agenda Item.
Motion was made by Member Garcia and seconded by Member Teer amending the motion to add an additional meeting at 5 p.m. on July 1, 2004, in the Mayor's Ceremonial Room to discuss this and other Issues. Additional Items may be added to that agenda upon directive of the Chair or Vice Chair until 5 p.m. on Monday, June 28, 2004. The motion as amended carried unanimously with Members Brewton and Stosel absent.
Phyllis Purcell voiced her dissatisfaction with the current checks and balances on contracts suggesting each contract should be approved individually and that discounts should be discontinued for large companies.
MINUTES
At the request of Member Garcia and without formal motion, the Committee concurred to amend the minutes of May 27, 2004, to reflect Member Garcia seconding and voting in favor of the approval of the April 22, 2004, minutes. Subsequently, motion was made by Member CRC-70
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Garcia and seconded by Member Barry Johnson to approve the Minutes of June 10, 2004, as presented. Motion carried unanimously.
Voting/veto power of Mayor
Chair Haley opened the discussion stating that Mayoral veto of every Item would force the City Council to approve each item with a five vote majority. He posed the question of "How fully should the Mayor participate and how broadly?" He noted that the Mayor's power is currently viewed as a negative. To make it a positive, the Mayor could be granted a vote so that he Is fully vested and remove the veto power. The rule of five currently exists.
Member McQuem agreed that the negativity of the veto casts a pall over City actions. She suggested granting the Mayor a vote officially. Motion was made by Member McQuem and seconded by Vice Chair Ben Johnson to remove the veto power and grant the Mayor voting power.
Member Castillo asked what would happen In the event of a tie. City Clerk Nicol responded that the motion would fall. Member Teer reminded the Committee that the Mayor's role is ceremonial and that the current form of government is Council/Manager. He believes a ceremonial Mayor does not need either a vote nor veto and the granting of a vote would be a mistake. Member van Pohle agreed.
Member Higgins suggested that giving the Mayor a vote would compound his authority. His duties are explicitly laid out In the Charter and It Is a full-time job. Giving a vote would add more authority than he currently has. The Mayor would be the executor of the Council and all gray area power he has incurred over the years will equal more power than Is necessary. The current Mayor has not exercised his veto power at times when he should have.
Chair Haley cautioned that although the Committee Is voting in today's circumstances, this issue is important to the future as well. He reminded the Committee that this is about the position of Mayor not a person. Member Teer compared the issue to the chairing of this Committee meeting and the Chairperson's power to control direction of the discussion.
Member Barry Johnson stated the importance of having separate rule from the City Council and suggested the lines were being blurred where they should be clear and distinct. He favors maintaining the current standards. Member Garcia agreed as the veto has more power than the vote. Several committee members supported keeping the current Charter language.
Motion failed for lack of eleven affirmative votes with Members Tyrrell, Castillo, McQuem, and Haley voting yes.
Campaign contribution limits
Member Garcia proposed campaign contribution llmlts and cited the City of San Diego limit of $250 per election. He belleves big money buys the election and causes undo Influence In the election turnout. Motion was made by Member Garcia and seconded by Member Castlllo to Impose a campaign contribution limit of $500 maximum by Individuals, political action committees (PAC), or unions per election per candidate.
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Member Teer and Vice-Chair Ben Johnson oppose campaign limits. They feel citizens should be allowed to give what they want and get behind their candidate and the issues that concern them. Vice-Chair Ben Johnson feels that a $500 limit is very low. Membervon Pohle opposed City union candidate contributions. Member Castillo stated the motion is setting campaign limits that are more restrictive than State Law and there should be a balance between the two.
City Clerk Nicol clarified the State does not set any local campaign limits. Member Garcia commented that in Presidential elections there are contribution limits.
Several members oppose limiting contributions and felt everyone should have the right to participate. Member Leach mentioned the National Campaign Reform as having interesting ideas including giving Individual donors a tax write-off for their donations. Member Higgins does not feel the Chambers of Commerce PAC Is appropriate for local elections. Member Tyrrell noted that the Chambers of Commerce does not assess their members for PAC activities and the Chambers of Commerce has the same rights as unions. Chair Haley reminded the Committee that the 1986 campaign contribution tax credit was rescinded adding that It stimulated some contributors when it was in effect but didn't make much difference in total contributions. Member McNalr feels that voters can see through the large corporation donations and are intelligent enough to make their own decisions.
Member McQuem noted that the current Charter does not preclude the City Council from adopting campaign contribution limits by ordinance. Member Stosel was Inclined to set some kind of limit to add some restraint and control to allow more community Involvement.
Motion failed for lack of eleven affirmative votes with Members Garcia, Stosel, Mayes, McQuem, and van Pohle voting yes.
Appointments to boards/commissions
Member Garcia suggested forming a sub•committee to review board and commission Issues that would meet prior to July 1, 2004. Chair Haley noted that the authority and compositions issues were large and should be referred to the committee. Subsequently, he suggested working down the list of items on the agenda and referring any issues as appropriate to the committee.
Chair Haley framed the question of requiring representatives on all City boards and commissions for each ward or appointing at large. Member McNair responded that when the Committee interviewed the Mayor and Council members they seemed satisfied with the current procedure. Member Teer noted that each ward has 37,000 votes and found it hard to believe that they could not find someone capable and willing to serve. He stated that the elected officials would bring someone forward who Is competent and felt the appointment process should remain unchanged.
Motion was made by Member Leach and seconded by Membervon Pohle to retain the current board and commission appointment process. Motion carried unanimously.
Boards and Commissions • Ward representation
Motion was made by Member Higgins and seconded by Member D. Bailey to reconsider Ward representation on each board and commission. Motion carried with MemberMcNairvoting no. 000474
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Member van Pohle stated that some boards have specific qualification requirements.
Appointment by individual Councilmembers will make commission members somewhat obligated to do what that Councilmember wants. At large appointments will result in more qualified applicants. Member Leach responded that she is not suggesting that the Councllmembers make the appointments, but that there should be representation from each ward. Chair Haley clarified that the Issue is whether the Councilmembers should appoint members from each ward.
Motion was made by Member Teer and seconded by Member Garcia that each ward shall have representation on all boards and commissions. Member Stosel asked where the eligibility requirements were and City Attorney Priamos answered they are codified In the Riverside Municipal Code. Member Higgins commented on annexation without representation. Member Stosel asked if it would be feasible for a commission to increase its members to allow for a representative from each ward and additional members to meet any membership requirements. City Attorney Prlamos answered that the intent Is to have a representative from each ward which would not require amendments to the ordinances.
Member Barry Johnson noted that La Sierra was annexed over four years ago yet they do not have representation. Member R. Bailey asked what would happen if there were not enough applications to meet the requirements and suggested encouraging public relations efforts to solicit applications. Several members agreed that marketing would make people more aware and would bring In more applications. Member Castillo expressed the value of representation as well as professional and ethnic diversity.
Motion carried with Members von Pohle, McNair, McQuem, and R. Balley voting no.
Increase/reduce number of Charter boards/commissions
Chalr Haley commented that the commissions that are currently In the Charter are there due to historical accident. He asked if It would strengthen commissions by putting them In the Charter or if some should be removed. Member Leach noted that there are fourteen boards and commissions and only five of them are shown In the Charter. Member Castillo feels that having a small number of commissions in the Charter implies a higher value to those than to the ones that are not listed. Member von Pohle stated that the difference is those that are not listed In the Charter can be dismissed by City Councll and that by leaving them in the Charter they cannot be removed arbitrarily.
Motion was made by Member Stosel and seconded by Vice Chair Ben Johnson to name all City boards and commissions in the Charter. Member Garcia concurred with the motion. Chair Haley believes that the Council has a legitimate prerogative and It should not be made more difficult for them to change or disband a commission. Member Higgins noted that by putting more boards and commissions in the Charter, more would be created to fill the vacancy and thereby reduce the power and authority of those named In the Charter. Member McQuem stated that we elect people to make these decisions and they should retain the power. She noted that some are listed in the Charter because they are required by State law. Chair Haley stated that the Public Utilities Commission cannot be deleted but the legislative body should have some control. If we lock everything down In the Charter we would be sending a message of distrust.
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A substitute motion was made by Member Leach and seconded by Member McQuem to make no change to the current Charter language regarding named boards and commissions.
Member Stosel feels that all commissions should be listed in the Charter and should be treated equally with the same level of respect to ensure more involvement. Member Higgins noted that the Council should have the authority to eliminate or sunset any committee, commission, or board they create. Member McNair supported Member Higgins and feels it should be left as Is.
Member Mayes asked what criteria Is used to detennine which board or commission is placed in the Charter. City Attorney Priamos responded that it is based on whatever the elected officials place on the ballot and what Is approved by the voters.
Chair Hayes and Member Mayes agree that It places a level of importance on some. Member R. Bailey stated that the debate on representation speaks to distrust of the Council. He believes stability is important which raises the bar and increases participation. Member Garcia commented that Inclusion would protect the members. He stated that past and present Councilmembers feel the boards and commissions should be empowered and placing them in the Charter would accomplish this goal. Member Higgins restated his question as to why a governing body should not have the authority to disband a committee they created. Member Teer felt there is discrimination by not including all and believes they should have equal status.
Member Stosel asked what would happen as needs change over time. He stated that nothing in this motion prevents adjustment of the commission duties and he suspects that the people would not exclude any commission from the Charter.
The substitute motion failed for lack of eleven affirmative votes with Members Stosel, Mayes, Garcia, Teer, Castillo, R. Bailey, D. Balley, and Vice Chair Ben Johnson voting no.
Subsequently the original motion failed for lack of eleven affinnatlve votes with Members Leach, Tyrrell, Barry Johnson, van Pohle, McNalr, McQuem, Higgins, and Chair Haley voting no.
Increase authority of Charter boards/commissions
Following a brief discussion, the issue of Increased authority of Charter boards and commissions was taken off the table and no formal action was taken.
Advisory role of Park & Recreation Commission
Following a brief discussion, the Issue regarding the advisory role of the Park & Recreation Commission was taken off the table and no formal action was taken.
Authorize design-build prolects
Member McQuem feels the City Council should have the best tools for City projects. Motion was made by Member McQuem and seconded by Member Mayes to grant the City Council the option to authorize design-build projects. Motion carried with Member von Pohle voting no.
Review Mayor/City Council compensation draft language
Member van Pohle left the meeting during the following discussion.
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City Attorney Priamos presented the draft Mayor/City Council compensation language. Chair Haley asked if there was a concurrence that the language was accurate. Member Garcia stated that the City Council opposes the proposal. Member 0. Balley noted that when It was originally discussed the percentage was two percent and asked how it increased to five percent of the Mayor's salary. Member Leach asked that the word "automatically" be taken out of the third paragraph. The City Attorney responded that the current language precludes an automatic link for future Increases. Member Teer asked if the Increase would be by a majority of voters and if so would it be at a special election or tied into an existing election. City Clerk Nicol responded that any change would occur at a City-wide special election. Member Teer suggested tying It Into the Mayoral election.
Motion was made by Member Teer and seconded by Member Garcia to affirm the language of the Mayor/City Council compensation as presented by City Attorney Priamos. Motion carried unanimously.
Possible reconsideration of motions which previously failed for lack of eleven afflnnatlve votes
Motion was made by Member Teer and seconded by Member Garcia to reconsider election of the Mayor in even-numbered years. Motion carried with Members Leach, D. Balley, Stosel, McNair, and Mayes voting no.
Chair Haley Introduced the proposal of the Mayoral election In even-numbered years stating that the committee has an opportunity to broaden participation and voter base. Member Garcia agreed that It would be beneficial to have a larger voter turnout but turnout would be driven by partisanship. Member Stosel opposed the change and noted that issues and candidates inspire voter turnout. City Clerk Nicol clarified election costs. Member McNair felt the voters would ee oppose the proposal due to cost. Member Teer reminded the Committee that the Registrar of Voters expressed dismay In low votertumout. He supports funding of the separate Mayoral election. Chair Haley made reference to the large turnout for the Measure A election.
Member McQuem asked if the City Council would vote on Charter Review Commission proposed issues as a whole or separately Chair Haley responded that they could deal with the issues individually. In answer to Member Garcia's question as to what would be on the ballot, Chair Haley stated the whole package, after Council's changes, if any, would appear on the ballot. City Attorney Priamos clarified that the Council would need two-thirds vote to make any changes. Staff anticipates one measure for non-substantive Issues and the remaining Issues as indlvldual measures on the ballot.
Motion was made by member Teer and seconded by Member Castillo to establish the Mayoral election within the general election cycle in even-numbered years. Motion failed for lack of eleven affinnative votes with Members 0. Bailey, Leach, R. Bailey, Garcia, Mayes, Stosel, and
0. Bailey voting no.
Member Higgins expressed his shock at the lack of fairness in this matter. Member R. Bailey stated that Senators and Congressmen are in the same circumstance. Off-year elections keep partisan politics out of the election.
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Public campaign financing
Following a brief discussion, the issue regarding the public campaign financing was taken off the table and no formal action was taken.
Closed session video taping and Master Judge review
City Attorney Priamos explained to the Committee that the City Council adopted a resolution In 2003 that requires minutes be taken at closed sessions. He added that the Mayor Pro Tempore takes minutes of closed sessions which deal with perfonnance evaluations following requirements of the Brown Act. Member Mayes asked if the minutes were detailed or action minutes. City Clerk Nicol responded that they were brief summary minutes. Member Teer feels that the minutes should be more detailed.
Motion was made by Member McQuem and seconded by Member Leach that closed sessions be audio recorded and retained for two years. Member Higgins explained the reason for this item was because there have been violations of the Brown Act. The Brown Act should be solidified in the Charter in perpetuity. City Attorney Priamos explained that the language was adopted regarding the closed session minutes and access to those minutes pursuant to the Brown Act.
Chair Haley asked how tapes would be secured and how long they are normally retained. The City Attorney answered that legislative officials such as the City Clerk, City Attorney, or any Judge in the event of a challenge may access the minutes. The current retention for tapes is two years. Member Teer suggested that tapes could be altered and that political pressure causes serious concerns for anything that is not locked down. He suggested sticking with the original proposal. Member Mayes asked if minutes would stlll be taken and Member Teer asked what type of minutes. City Clerk Nicol answered that summary minutes would stlll be recorded.
Motion carried with Member Teer voting no.
Change auditors every three years
Member McQuem felt that a specific cycle for a change in City auditors should not be set forth in the Charter. Member D. Bailey agreed. Member Higgins mentioned an auditors report on the City's auditing firm showing they were reliable. He stated that this would not have been necessary 30-40 years ago but we have a lot of problems today. He suggests switching auditors every four years. Chair Hayes suggested a motion to switch all City auditors every three years. City Attorney Priamos clarified that the motion would be to amend the language of Section 1113 that the City Council would select a new auditor every three years.
Motion was made by Member Teer and seconded by Member Garcia to change auditors every three years. Member Tyrell supports the motion. Member Stosel felt changing auditors would cause problems and Member Higgins stated that the auditors would be chosen from experienced companies. Motion carried with Member McQuem voting no.
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Appointment of Department Heads
Member Higgins suggested the Chair respond to a letter submitted by Mr. Sabatello regarding the appointment of City Department heads. Member Castillo was concerned about the tone of the letter as it violates basic principals and focuses on personalities rather than Issues. City Attorney Priamos stated that it could be a Charter issue if the Committee desired.
Following limited discussion and without formal motion, the Committee took no action on the appointment of Department Heads.
The Committee adjourned at 8:10 p.m.
CHERYL
Senior Deputy City Clerk
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CITY OF
RJVE~ID~~HARTER
t-l'ASl •FU JURE
CHARTER REVIEW COMMITTEE 1
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
Preamble ISSUE I: Revise Preamble to reflect diversity of Riverside NS None Residents.
Positions:
• No change to current Preamble language .
• Revise Preamble to reflect diversity of Riverside
Residents.
Recommendation :
• Revise Preamble to reflect diversity of Riverside
Residents.
Vole: 14 - Unanimous
1 All recommendations reflect an affirmative vote of at least two-th irds ( 11 of 17) of the members of the Charter Review Committee . Revised 6/17/04 -1- 000480
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
I 100-104 Incorporation and No proposed changes. NIA NIA SntteSSion
CJI
~
-2- 000481
Artide Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
n 200 Generally ISSUE 1: Access to public meetings and public records. NS Positions:
• No change to Charter. None
• Add SUD.Shine Provision to Charter creating new Section None 201 and amending Sections 408, 411 and 703.
Recommendation:
• Add Sunshine Provision to the Charter creating new
Section 201 and amending Sections 408, 411 and 703.
Vote: 13 - Unanimous
UI
t,
-3- 000482
Article Section Title mues Substantive/ Fiscal
Non• Impact
Substantive
Changes
DI 300 Form of Government l~UE 1: Council-Manager form of Government. s Po.gtions:
• No change to current Council-Manager fonn of None
government.
• Strong Mayor form of government. Undetermined
Recommendation:
• No change to current Council-Manager form of
Government.
Vote: 12 affirmative
1 abstention
UI Onegadve
~
-4- 000483
CII I
CII
Article Section Title
IV 400 Enumerated; number,
term and manner of
elect.ion; wards.
••Minor reflectS fiscal impact of less than $50,000
... Major denotes fiscal impact exceeding $50,000.
hmes
ISSUE 1: Nomination and eledions by ward.
Positions:
• No change to the current system of elections by Ward. • Top two candidates nominated by ward and then elected at large.
Recommendation:
• No change to current system of elections by Ward •
Vote: 12 affirmative
1 abstention
0 negative
ISSUE 2: Instant run-off voting.
Positions:
• No change to the current voting system (general
municipal election with run-off election if necessary). • Adopt instant run-off system (no separate run-off
election).
• Highest vote getter is elected (no separate run-off
election).
Recommendation:
• No change to the current voting system (general
municipal election with mo-off election if necessary).
Vote: 13 affirmative
3 negative
ISSUE 3: Shorten period between general election
and nm-off election from ten weeks to six
weeks.
Positions:
• No change to general election and run-off election
schedules.
• Shorten time between such elections to six weeks.
Recommendation:
• No change to general election and run-off election
sdtedules.
Vote: 16 - Unanimous
-5-
Snbstantivd Non- F"ascal
Snbstantive Impact
Changes
s
None
Minor ..
s
None
Major-•
Major
s
None
None
000484
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
IV 400 Enumerated; number, ISSUE 4: Election of Mayor in even numbered years. s term and manner of
election; wards Positiom:
• No change to current system of election in odd None
numbered years, concurrent with Wards, 2, 4 and 6
elecdons.
• Coordinate election of Mayor with Presidential election. Major Recommendation:
• Coordinate election of Mayor with Presidential election..
Vote: 10 affirmative
4 negative
2 abstentions
(JI
&
• Recommendation fails.
ISSUES: Definition of position as Councilmember as full- s time or part-time.
Positions:
• No change to Charter as it is silent on this issue. None • Define Councilmember position as full or part-time. None Recommendation:
• No change to Charter •
Vote: 13 - Unanimous
-6-
000485
Article Section Title I~ues Substantive/ Fiscal
Non- Impact
Substantive
Changes
IV 402 Wards Established ISSUE 1: Increase number of wards. s Positions:
• No change to current seven ward system. Nooe
• Increase number of wards. Major
Recommendation:
• No change to current seven ward system.
Vote: 13 - Unanimous
'"
ISSUE 2: Oiange "Ward" to "District". NS
I
~ Positions:
• No change to current name. None
• Change "Ward" to ''District". None
Recommendation:
• No change to current name •
Vote: 11 affirmative
2 negative
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000486
Article Section Title Issues Substantive/ F"JSCal
Non- Impact
Substantive
Changes
IV 403 Compensation ISSUE 1: Method for determining compensation for s Council Members and Mayor.
Positions:
• No change to current system of determining None
compensation.
• All future changes in compensation automatically linked Major to an external factor.
• Review compensation every other year and limit Minor
compensation increases.
Recommendation:
• In January of every odd-numbered year, the Council
en shall review the compensation including salary and
cl, benefits, of the Mayor and members of the Qty Council.
Thereafter, the Qty Council may increase the
compensation of the Mayor and/or the members of the
City Council in an amount not to exceed 5 percent
unless approved by a majority of the voters.
Vote: 13 Affirmative (Tentative)
1 Negative
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000487
Article Sedion Title Issues Substantivel Fiscal
Non- Impact
Substantive
Changes
IV 405 Duties of Mayor; ISSUE 1: Voting power of Mayor. s mayor pro tempore;
council tie - mayor's Positions:
vote.
• No change to current system which gives Mayor a tie- None breaking vote and power to veto any formal action of
Oty Council.
• Mayor would be eighth voting member and the veto None power would be eliminated.
Recommendation:
UI
ch
ISSUE 2: Mayor's appointive authority for Council s
standing committees.
Positions:
• No change to current system of council self-appointment None to standing committees.
• Mayor appoints members of standing committees. None
Recommendation:
• No change to current system of council self-appointment to standing committees.
Vote: 13 • Unanimous
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000488
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0 Article
IV
Section Tide
413 Adoption of
ordinances and
resolutions
Issues Substantive/ Fiscal
Non- Impact
Substantive
Olanges
ISSUE 1: Mayor's veto power. s
Positions:
• See section 405 •
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000489
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
V 500 Elections ISSUE l: Schedule of elections. s
Positions:
• See Sedion 400 •
ISSUE 2: Campaign contribution limits. s
Positions:
• No change to campaign contribution lnniu - compliance None with state law.
UI I
-'
• Campaign contribution limits more restrictive than None state law.
-'
Recommendation:
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000490
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Article
VI
I
Section TIile
60C).603 OtyManager •
Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
No proposed changes. NIA NIA
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000491
c.n I
... w
Article
VII
Section Tide
703 Powers and duties of
Qty Clerk.
Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
• ISSUE 1: Amend Section 703 of the Charter to reflect NS reference to Government Code.
Positions:
• No change to Charter • None
• Add the following language to Section 703 creating new None subsection (g): "Facilitate and help members of the
public exam and copy all appropriate public records, in accordance with the Government Code of the State of
Calif omia."
Recommendation:
Amend Section 703 of the Charter as follows:
"(g) Facilitate and help members of the public exam
and copy all appropriate public records, in accordance
with the Government Code of the State of California."
Vote: 13 - Unanimous
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000492
Article Section Tide Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VOi 802 Board and ISSUE 1: Appointment of members of Boards s Commissio~ and Commissions.
Positions:
• No change to current system of Mayor and City Council None jointly appointing.
• Members appointed by Mayor. None
Recommendation:
ISSUE 2: Ward representation on each Board and s
Commission.
en Positions:
I
---'
~ • No change to current system of appointment None
(representation by ward Not assured).
• F.acb Coum-ilmember Nominates a member from None
his/her Ward.
• Every board and commisdon shall have a representative None from each Council Ward.
Recommendation:
• Every Board and Commissinn shall have a
representative from each Council Ward.
Vote: 9 atTarmative
4 negative
1 abstention
Recommendation failed.
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000493
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Article
VIII
Section Title
802 Board and
Commissions
Issues
ISSUE 3: Increase or reduce number of Boards
and Commisdflns specifically identified in the
Charter.
Positions:
• No change to the number of Boards and Commissions
specifically identified in the Charter.
• Increase or reduce the number of Boards and
Commissions specifically identified in the Charter.
Recommendation:
ISSUE 4: Increase youth involvement in City Government.
Positions:
• No change to Charter.
• Specifically create a Youth Commission in the Charter. • Modify the Charter to permit the appointment of youth to all Boards and Commissions.
Recommendation:
• Modify the Charter to permit the appointment of youth to all Boards and C.nmmlssions.
Vote: 12 affirmative
2 negative
ISSUES: Grant Charter Boards and Commissions more
authority.
Positions:
• No change to current authority provided to the Charter Boards and Commimons.
• Grant the Charter Boards and Commissions more
authority.
Recommendation:
-15-
Substantive/ Fiscal
Non- Impact
Substantive
Changes
s
None
None
s
None
None
None
s
None
Undela-mlned
000494
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Article
VIII
Section Tide
809 Park and Recreation
Commi~on
Issues
ISSUE l: Advisory Role of Park and Recreation
Commission.
Positions:
• No change to current advisory role of Park and
Recreation Commission.
• Delegate certain final decision making authority to Park and Recreation Conunwion with right to appeal
decision to City Council.
Recommendation;
-16-
Substantive/ Fiscal
Non- Impact
Substandve
Changes
s
None
Undetermined
000495
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Article
VIII
Section Tide
810 Mayor and Council
Members salary
Commission
Issues
ISSUE 1: Role of Mayor and City Council Salary
Commission.
Positions:
• No change to current role of Commission.
• Eliminate Commission (see Section 403)
• Modify role of Commission.
Recommendation:
• Eliminate the Mayor and Council Members Salary
Co.mmis.sion
Vote: 13 afTmnative
1 negative
-17-
Substantive/ Fiscal
Non- Impact
Substantive
Changes
s
None
Minor
Minor
000496
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CD
Article Section
IX 900
Title
Personnel Merit No proposed changes.
System
-18-
I~es Substantive/ Fiscal
Non- Impact
Substantive
Changes
NIA NIA
000497
c.n I ...,.
co
Article
X
Section Title
1000 Retirement No proposed changes.
-19-
Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
NIA NIA
000498
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
XI 1104 Appropriations: ISSUE 1: Authorize design-build projects. NIA N/A transfer or funds
Positions:
• No change to current system of awarding Public Works None Contracts.
• Authorize design-build contracts. Major/
Positive
Recommendation:
c.n
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0 -20-
000499
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Article Sedion
XI 1108
'Iitle
General Obligation
Bonded Debt Limit;
vote required for
issuing general
obligation bonds;
issuance of revenue
bonds, notes and other
evidence of
indebtednes.s
Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
ISSUE 1: Authoriu mail-ballot elections. s NIA
Positions:
• No change to current election system. None
• Grant Qty Council authority to adopt an ordinance Major authorizing mail-ballot elections.
Recommendation:
• Grant Qty Council authority to adopt an ordinance
authorizing mail-ballot elections.
Vote: 14- Unanimous
ISSUE 2: Add alternative provision to sell bonds through s negotiated private sale.
Positions:
• No change to current procedures. None
• Grant Oty Council through ordinance or resolution Major/ authority to determine whether general bonds, notes or Positive other indebtedness shall be sold at public sale by notice or by negotiated private sale.
Recommendation:
• Grant City Council through ordinance or resolution
authority to determine whether general bonds, notes or
other indebtedness shall be sold at public sale by notice or by negotiated private sale.
Vote: 17 - Unanimous
-21-
000500
Article Section Title Issues Substantive/ F"iscal
Non- Impact
Substantive
Changes
XI 1109 Public Works ISSUE 1: Local preference for Public Works construction s Contracts contracts..
Positions:
• No change to current system of awarding the contract to None the lowest responsible bidder.
• Grant preference to local contractors. Major
Recommendation:
• No change to current system of awarding the contract to the lowest responsible bidder.
Vote: 13 affirmative
en
~
2negative
.2 abstention
ISSUE 2: Public Works contracts-flexibility for alternative NS method of posting security/bonds.
Positions:
• No change to current system of posting security/bonds None for Public Works contracts.
• Authorize alternative methods for posting Minor
security/bonds.
Recommendation:
• Authorize alternative methods for posting
security/bonds.
Vote: 14 • Unanimous
-22-
000501
Article Sedion Title Issues Substantive/ Fisall
Non- Impact
Substantive
Changes
XI 1110 Cash Management ISSUE 1: Typographical error. NS Positions:
• No change to the current section. None
• Change ''Transfer'' to ''Transfe~• in the second None sentence.
Recommendation:
• Change 0 Transfer'' to "Transfers" in the second
en
sentence.
N Vote: 14 - Unanimous
c.,
-23-
000502
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
XI 1111 Capital Project Fund ISSUE 1: Typographical errors. NS Positions:
• No changes to current section. None
• Under subparagraph (a) the capital letters therein, "B" None and "C" should be changed to (b) and (c).
Recommendation:
• Under subparagraph (a) the capital letters therein, "B" UI and "C" should be changed to (b) and (c).
N
~
Vote: 14 - Unanimous
-24-
000503
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
XI 1113 Independent Audit ISSUE 1: Typographical error. NS Positions:
• No changes to the current section. None
• In the second sentence change "audit and report" to None "audit report".
en Recommendation:
I
I\)
en • In the second sentence change ''audit and report" to ''audit report".
Vote: 14 - Unanimous
-25-
000504
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Submlntive
Changes
XII 1202 Same-Powers and ISSUE 1: Authority of the Board of Public Utilities s Duties to award contracts without City Council
approval.
Positions:
• No change to the current procedure of seeking City None Council approval for all contracts over $25,000.
• Authorize Board to award contracts over $50,000 within Minor the approved City budget and authorize City Manager to
execute such contracts without City Council approval.
Recommendation:
• Authorize Board to award contracts over $50,000 within the approved City budget and authorize City Manager to
execute such contracts without City Council approval.
Vote: 12 affirmative
en 2no
N a,
ISSUE 2: Required approvals for customer-requested s
work.
Positions:
• No changes to the current proc:edure of requiring None customer-requested work over $2.5,000 be approved by
Board and City Council.
• Under subsection (b), customer-requested work Minor
provided under the rules adopted by the Board and
Council be exempt from approval requirements, subject
to ratification of the Board after the fact.
Recommendation:
• Under subsection (b), customer-requested work
provided under the mies adopted by the Board and
Council be exempt from approval requirements, subject
to ratification of the Board after the fact.
Vote: 13 affirmative
1 abstention
-26-
000505
en I
I\) ..__.
Article
XII
Section Tide
1202 Same-Powers and
Duties
Issues
ISSUE 3: Authority or the Public Utilities Director to enter into long-term contracts to provide water and
power.
Positions:
• No change to current procedure of seeking Board and
Council approval or all long-term contracts to provide
water and power.
• Provide Utilities Director, with full authority to execute long-term contracts to provide water and power to
individual customers in accordance with Board/Council
approved tariffs rates.
Recommendation:
• Authoru.e Public Utilities Director to execute long-tenn contracts to provide water and power to individual
customers in accordance with Board/Council approved
tariffs rates.
Vote: 12 affirmative
2negatlve
-27-
Substantive/ Fiscal
Non- Impact
Substantive
Changes
s
None
Minor
03-1193
O:\Cycom\WPDocs\0017\P002\00030338 .WPD
000506
RIVERSIDE CI1Y CHARTER
THE CHARTER
of the
CITY OF RIVERSIDE
PREAMBLE 1
"We, the people of the City of Riverside believe in promoting an inclusive commu11ity with shared economic, environmental and cultural prosperity, equal civil and political rights, socia rmony and cohesion, and opportunities for all governed by responsible and responsi bl' 1cials who promote citizen participation, as well as just and equitable tax and firtarzda nd these beliefs §100.
§101.
§102.
§103 .
§104.
§200.
§201.
§300.
are rooted in our desire to enhance the uniquenes .~. the q We, the people of the City of Riverside, to obtai
benefits of local government, do hereby exercise
Constitution and statutes of the State of Califo ·
the City of Rivcrsi
Name and boundaries.
Succession to rights and 11a "
Continuance of ordinance
Continuance of presen
Effective date of Ch
ORM OF GOVERNMENT.
. CITY COUNCIL AND MAYOR.
•, term and manner of election; wards.
office: member of the City Council; Mayor.
ayor: Mayor Pro Tempore: Council tie--Mayor's vote.
ers vested in Council; exceptions.
erence in administrative service.
eetlngs.
Same--Location.
Same--Quorum: proceedings.
1Bold and Italics denote additions.
Deletions shown in strike out.
000507
§411.
§412.
§413.
§414.
§415.
§416.
§417.
§418.
§419.
§500.
§501.
§502.
§503.
§600.
§601.
§602.
§603 .
§700.
§701.
§702.
§703.
§704.
§705.
§706.
§707.
§708.
§709.
RIVERSIDE Cl1Y CHARTER
Same--Citlzen participation.
Powers of Council and Mayor: additional.
Adoption of ordinances and resolutions.
Publication of ordinances.
Codification of ordinances; adoption by reference.
Effective date of ordinances.
Violation of ordinances and penalty therefor.
Contracts--Restrtction on duration.
Same.-Execution.
ARTICLE V. ELECTIO
General municipal elections.
Special municipal elections.
Compliance with State law.
Initiative, referendum and recall.
ARTICLE VI. CITY
Creation of office; appointment: tenure;
Powers and duties.
Participation in meetings of Council,
Manager pro tempore .
ARTICLE VII, OFFICE
Appointment of City Attom
Organization of City aper ·
Eligibility, powers and
Powers and duties of
Controller.
Tr asurer.
' · sterin
s.
ve officer,
IVE BOARDS AND COMMISSIONS.
xtstlng enumerated boards and commissions.
tings; subpoena power.
; vacancies.
ssion.
urces board--Compositlon.
brary trustees.
d recreation commission.
Mayor and Council members salaxy commission.
ARTICLE IX. PERSONNEL MERIT SYSTEM.
§900. Generally.
ARTICLE X. RETIREMENT.
7-2
2 000508
RNERSIDE CITY CHARTER
§ 1000. Authority to continue under State system.
ARTICLE XI, FISCAL ADMINISTRATION,
§1100. Fiscal year.
§1101. Budget--Submission to Council: notice of public hearing. §1102. Same--Publlc heartng.
§1103. Same--Further consideration, revision and adoption: availability to departments, etc.
§1104. Same--Appropriatlons: transfer of funds.
§ 1105. Centralized purchasing.
§1106. Tax limits: special levy for library purposes.
§1107. Procedure for assessment. levy and collec
§ 1108. General obligation bonded debt limit:
obligation bonds: issuance of revenue
indebtedness.
§1109. Public works contracts.
§ 111 0. Cash management.
§1111. Capital projects funds.
§1112. Registering warrants.
§ 1113. Independent audit.
ARTICLE XII. DEPAR
§1200. Created; management and co
§1201. Board of public utillties--C
§1202. Same--Powers and duties.
§1203 . Purchases and _tures
purchasing system.
§1204. Use of revenue.
§1205. S e of public u
ICLE . RANCIDSES.
w committee.
ending.
actions.
; applicability to City-owned utility.
t; notice and public hearing.
The City Charter was (1) created in 1907: (2) amended in 1929, 1934, and 1949; (3) republished in its entirety in 1953; (4) amended in 1955, 1956, 1962, 1963, 1964, 1966, 1967, 1968, 1969, 1973, 1974, 1976, and 1977; and (5) again
republished 1n its entirety in 1981. The legislative history included in this Charter reflects amendments pertalnlng to appropriate sections since 1981.
7-3
000509
RIVERSIDE CI1Y CHARTER
ARTICLE I. INCORPORATION AND SUCCESSION.
Sec, 100. Name and boundaries.
The City of Riverside, hereinafter termed the City, shall municipal corporation under tts present name of "City of Rive to be a
undartes
es effect, of the City shall be the boundaries as established at the ttme or as such boundaries may be changed thereafter in law.
Sec. 101. Succession to rights and llabllltles.
The City of Riverside shall continue to o
property of every kind and nature owned, posses
Charter takes effect and shall be subject to all
contracts.
Sec, 102. Continuance of ordinances, rules an
All lawful comprehensive codes, ordinan
or portions thereof, 1n force at the time this C
inconsistent herewith, are hereby continu
duly repealed, amended, changed or su
Sec. 103. Continuance of present
The occupants of offices pro.
this Charter takes effect, shall
and employments without
the same conditions until
ut subject
es and regulations,
not in conflict or
e shall have been
ty.
and employees, at the time
duties of their respective offices
same compensations and under
ectlon, and qualification, of their
arter.
ts acceptance and flllng by the Secretary of
r wa ed with the Secretary of State on January 6, 2003. , 2003, ts therefore the effective date.
TICLE D. POWERS OF CITY,
'
have the power to make and enforce all laws and regulations in affairs, subject only to such restrictions and limitations as may Charter and 1n the Constitution of the State of Calif ornta. It shall power to exercise, or act pursuant to any and all rights, powers, p:riv u~~~., or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration 1n this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions.
?-4
000510
RIVERSIDE CfIY CHARTER
Sec. 201. Access to public meetings and publfc records.
Cl.ty agencies, boards, commissions, committees, qfficials, stq[f and qfficers, including the Mayor and members of the clty council, exist to conduct the people's business. It fsfundamental that the people have full access to bifonnation, not to just what decisions have been made in their name but how those decisions were reached and how they were deliberated. The le insist on remaining biformed so that they may retain control ove~ i nts they have created. The people do not give their agencies ts the right to decide what is good for the people to k or
them to know.
our values Ue in a government that helps its
bifonnation. Our values lie in a broadening b
involvement and interest, providing new fde
Our values lie not in hiding embarrassment
values He not in preventing dissent.
To carry out the purposes set forth in t
M. Brown Act (cat(fomia Government
Records Act (California Govemmen .
the Cl.ty CouncU, and any comm
by Charter, ordinance, resoluti.o
Mayor.
Special
those exc:e»
ns of the Ralph
seq.} and the Public
q,J shall apply to
or other body created
e City Council, or the
exceptions to access. But
narrowly exercised. Public
ted invasions of privacy while the emp
publ
priv
ma
irlfo n must be protected. Cl.tizen right to
he knowledge that involvement in government
. ctation of privacy.
ould be given a strong presumption of public
m. FORM OF GOVERNMENT.
The munic • government established by this Charter shall be known as the arm of government.
ARTICLE IV. CITY COUNCIL AND MAYOR.
Sec. 400. Enumerated: number, term and manner of election; wards. (a) The elective officers of the City shall consist of a City Council of seven members, elected from wards, and a Mayor elected from the City at large, at the times and In the manner provided in this Charter, who shall sexve for a term of four years and until their respective successors qualify. The terms of all officials, so elected, 000511
RIVERSIDE CI1Y CHARTER
shall be deemed to have commenced on the fifth Tuesday following the general municipal election.
(b) The members of the City Council shall be elected by wards by the registered voters of the respective wards only. One member of the City Council shall be elected by each ward, and only the registered voters of each ward shall vote for the member of the City Council to be elected by that ward. In those wards where there are more than two candidates, only a candidate receiving a majority of the total votes cast for the office shall be declared elected.
(c) If in an election for a member of the City Council fo office of Mayor, no candidate receives a majority of the total the City Council shall immediately upon the dete , on a election to be held on the tenth Tuesday following eral two candidates receiving the highest number of es for
municipal election shall be declared the candidat the
(d) Officials elected at the general muni
second Tuesday following completion of the can
fifth Tuesday following the general municipal ele
election shall take office on the second Tuesday
but in no event later than the fifth Tuesday follo
(e) The qualifications of candidates an
general municipal elections shall apply to ,
section and the notice of election shall
date of such special election. (Effectlv
r for the
e office,
e
t other
of the canvass,
ocedure governing
d pursuant to this
days prior to the
Sec. 401. Ellgibillty to hold the
(a) A person is not ellgib ·
the City of Riverside unless
comprising the ward by w
appointed the time of
lty Council; Mayor.
member of the City Council of
ed elector within the territory
cted or for which such person is
ent and continues to be a qualified
elector of ward.
the
mem
of the
qu
to
mber City Council is changed to a place outside
hich such member was elected or for which such
uch member shall become vacant. The existence
ed as provided by Section 404 of this Charter.
ellgrn o hold the office of Mayor unless such person is a the time of such election or appointment and continues
ity.
Mayor changes to a place outside the boundaries of the
yor shall become vacant. The existence of the vacancy shall be rovided by Section 404 of this Charter.
tabllshed.
Riverside is hereby and by ordinance shall be divided into seven ated as first ward, second ward. third ward, fourth ward, fifth ward, , and seventh ward.
The boundaries of wards shall be reviewed at least every ten years upon the completion of the federal decennial census or more frequently as may be determined necessary upon receipt of official census data: and the boundaries of such wards shall be adjusted by the City Council as necessary to provide for substantially equal numbers of residents 1n each ward. Such boundary adjustment during a Councilmember's term shall not result in disqualJftcatlon for membership on the 000512
Council during such term.
Sec. 403. Compensation.
RIVERSIDE CI1Y CHARTER
The Mayor and members of the City Council shall receive compensation for their services as such, and in addition, when on official duty, shall receive reimbursement for their necessary expenses on order of the City Council. In January of every odd numbered year, the City Council shall review the compensati · including salary and benefits, of the Mayor and members of the Cit , and shall establish any increase in compensation of the Mayor and/i mbers of the City Council. No increase in salary shall exceed ,\I'. . erce then-existing salary. Compensation shall ~t"h--n'11'"1"~...,...~~ .,,i,l!li,jijl": 1.:t>: 'M'lj.,.. a::rnottnt as m~y be fixed by ordinance, adopted ot few votes of the City Council, after a noticed, pub earin
gtven by publication at least fourteen days prior t
Sec. 404. Vacancies.
A vacancy in an ele
of a successful recall, s
appointee to hold offt
election
folio
une
regul
expressed
the office o ~\!~
:u;}>'
s · to fill a
declared
hateve ause arising, except in the event
ent by the City Council, such
· lllowing the next general municipal
e next general municipal election
, ected to serve for the remainder of any
ncil or the Mayor is absent from three consecutive
ell, unless by permission of the City Council
· convicted of a crime involving moral turpitude,
. ., e vacant.
. declare the existence of any vacancy. In the event it pointment within sixty days after such office shall have shall cause an election to be held forthwith to fill such ayor: mayor pro tempore; council tie--mayor's vote.
all be the presiding officer at all meetings of the City Council and e in all its proceedings but shall not vote except to break a City e which exists for any cause. The Mayor shall be the official head of the City ceremonial purposes. The Mayor shall have the prtmary but not exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and of infonning the people of any major change in policy or program.
The Mayor shall advise the Clty Council on all matters of policy and public relations and perform such other duties as may be prescribed by this Charter. During the months of January or February, the Mayor shall deliver a State of the City message at any location within the City that the Mayor deems appropriate at which the Mayor will 7,7
000513
RIVERSIDE CITY CHARTER
present the Mayor's programs, objectives and prtortties.
The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall assume the duties of the Mayor. Toe Mayor Pro Tempore shall conduct the Council meetings and shall vote only as a member of the Council, not as Mayor Pro Tempore. In the event of a tie vote, the Mayor Pro Tempore shall not have a tie-breaking vote and Council vote shall be recorded as a negative or "nay" vote. With regards to the veto power, the Mayor Pro . pore shall not have the power to veto acts of the City Council.
Notwithstanding any other provisions of this Charter, w xtsts for any cause, in order to break that tie, the Mayor sh
member of the City Council for or against the i .
Mayor's vote shall be deemed a City Council mem
the introduction or adoption of both ord
12/27/1995 and 12/11/1986)
Sec. 406. City powers vested In Council; excep
All powers of the City shall be vested in
provtded in this Charter.
Sec. 407. Interference in admlnistrativ
Neither the Mayor nor the City
with the execution by the City M
directly or indirectly, the appoin
department heads in the adminis
or employment or their remov
the City Council and its mem
City Manager solely throu
Council no any memb 1 ,.
Manager r publt
mbers shall interfere
and duties, or order,
ger or by any of the
, of any person to an office
r purpose of inquiry, the Mayor,
administrative service under the
d neither the Mayor nor the City
ers to any subordinates of the City
, 12/27/1995)
ar meetings at least twice each month at such
resolution and may adjourn or readjoum any
and certain which shall be specified in the order of
djoumed each adjourned meeting shall be a regular
e hour to which a meeting 1s adjourned 1s not stated 1n ch meeting shall be held at the hour for holding regular , e any regular meeting falls on a holiday such regular meeting business day.
s may be called 1n accordance With State law.
ity Council-appointed and Mayoral-appointed standing and ad ttees, regardless of the number of City Council members who uch committees, shall be open to the public and the time and place of sue gs shall be publicly announced at the City Council meetings prior to such committee meetings.
Sec. 409. Same--Location.
All meetings shall be held in the Council chambers 1n City hall, or in such place to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place 000 514
RIVERSIDE Cl1Y CHARTER
designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if the Mayor should fail to act, by four members of the City Council. (Effective 12/27/1995)
Sec. 410. Same-Quorum: proceedings.
A majortty of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjo ed regular meeting, the City Clerk may declare the same adjourned to a :cT~TPn and hour.
Notice of a meeting adjourned by less than a quorum or by th 11 be given in the manner provided by State law.
Sec, 411. Same--Cltlzen participation.
Each citizen shall have the rtght. perso
comments at any regular meeting of the Counc
committee, or offer suggestions with respect to m
Sec. 412. Powers of Council and Mayor: addltl
The City Council shall Judge the qualifl
the Charter. It shall Judge all election returns
rules for the conduct of its proceedings
disorderly conduct at any of its meetings
The Mayor and each membe
administer oaths and affirmations
the City Council. The City Counc .
attendance of witnesses, to e
evidence before it. Subpoena
by the City Clerk. Disobed
other th constitution
punisha
hers as set forth by
d unifonnly apply
r other person for
have the power to
roceeding pending before
d authority to compel the
and to compel the production of
name of the City and be attested
as, or the refusal to testify (upon
tute a misdemeanor, and shall be
this Charter are punishable.
by recorded call vote and entered in the
d resolutions.
on o inances which take effect upon adoption, referred
e shall be adopted by the City Council on the day of its ya thereafter nor at any time other than at a regular or At the tlme of its introduction an ordinance shall become of the proceed ; s of such meeting in the custody of the City Clerk. At the time · inance or resolution it shall be read in full, unless after the · thereof, the further reading thereof ls waived by unanimous ell members present. In the event that any ordinance is altered tlon, the same shall not be finally adopted except at a regular or meeting held not less than five days after the date upon which such oru.u,LCU ... ~.., was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.
Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be reqUired for the adoption of any ordinance or resolution.
Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement 7-9 9
000515
RIVERSIDE CflY CHARTER
of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes.
At any time before the adjournment of a meeting, the Mayor may, by public declaration spread upon the minutes of the meeting, veto any formal action taken by vote of the City Council including any ordinance or resolution, except an emergency ordinance, the annual budget or an ordinance proposed by initiative petition.
Thereupon, pending the vote to overrlde the veto as herein provided, such ordinance, resolution or action shall be deemed neither approved nor adopted. Th ayor shall, no more than twenty days following the veto, provide to Counc 11111 nnonnl" , in writing, reasons for the Mayor's veto. If the Mayor fails to rovide veto message within the time allotted, the original action of the Co sh At any regular or adjourned meeting held not less than thirty dai days aft veto the City Council shall reconsider such ord d vot
the question of overrlding the veto. Five a
adoption or approval. The Mayor shall have no
ordinance, resolution or action.
All ordinances and resolutions shall be s
City Clerk. (Effective 12/27/1995)
Sec. 414, Publication of ordinances.
The City Clerk shall cause to be
general circulation within fifteen days
synopsis of the content of each ord
ordinance is available in the office of
a newspaper of
ber, a title, a brief
' that a full copy of the
Sec. 41!5. Codtflcatlon of eference.
Any or all ordinance een enacted and published 1n the
hich have not been repealed, may
d arranged in a comprehensive
d by reference, with the same effect as
manner
be co
ord
an o
be p
copie
City
their
Ame
an or ce for such purpose. Such code need not
ed for other ordinances, but not less than three
d examination by the public in the office of the
•· f. Ordinances codifted in a separate action from
eale of the effective date of their inclusion in the code. be enacted in the same manner as ordinances.
-.cu,.,w.11, to the construction of buildings, plumbing and mprehenstve code, may likewise be adopted by reference
in this section. Maps, charts and diagrams also may be
the same manner.
e date of ordinances.
ce shall become effective until thirty days from and after the date of cept the following, which shall take effect upon adoption:
An ordinance calling or otherwise relatJ.ng to an election. (b) An ordinance adopted under some law or procedural ordinance providing for a different effective date.
(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property. (d) An emergency ordinance adopted in the manner provided for in this Article. 000516
RIVERSIDE CfIY CHARTER
Sec. 417. Violation of ordinances and penalty therefor.
A Violation of any City ordinance shall constitute a misdemeanor unless by ordinance it is made an infraction, and may be prosecuted in the name of the People of the State of California or may be redressed by civil action. The maximum fine or penalty for any Violation of a City ordinance shall be the sum of one thousand dollars, or a term of imprisonment for a period not exceeding stx months, or both such fine and imprisonment.
Sec, 418. Contracts--Restriction on duration.
The City Council shall not have the power to make or a
lease or extension thereof for a longer period than s be p .
State of California With respect to general law nles
extension be approved by a majority of the qualift
question at any election. A contract, lease or e
valid without such approval if it proV1des for the
end of such period of the real or personal pro ·
section shall not apply to airports or to any
proV1sions of this Charter or to any contract for
products, commodity or services of any public u
Sec. 419. Same-Execution.
e
s
o the
cqulsitlon of the
The City shall not be bound br,
unless the same shall be made in wrt
behalf of the City by the Mayor an
shall be designated by the City C
behalf of the City when directe
except . hereinafter provided
Council and signed on
ther officer or officers as
ers shall sign a contract on
uncil.
By ordinance or resol
bind the City, With or wt
materials, upplies, lab
ay authorize the City Manager to
for the acquisition of equipment,
ems, if included within the budget
monetary limit upon such authority. approved e City
ore
purp
utlli
u
Ci
ordin or resolution provide a method for the sale
not needed in the City service or not flt for the
e conveyance of title thereto.
roducts, commodities or services of any public
ope by the City may be made by the manager of such
epartment of public utilities upon forms approved by the as 1n this Charter provided.
section shall not apply to services rendered by any person at a regular salary.
ARTICLE V. ELECTIONS.
al municipal elections.
municipal elections for the election of officers and for such other pu as the City Council may prescribe shall be held in the City on the first Tuesday following the first Monday of November of each odd numbered year. (Effective 12/27/1995}
Sec. 501. Special municipal elections.
All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. ( Effective 12/27/1995} 000517
RIVERSIDE CI1Y CHARfER
Sec. 602. Compliance with State law.
Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance With the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of elections in cities so far as the same are not in conflict With the Charter. (Effective 12/27/1995) Sec. 603. Initiative, referendum and recall.
There are hereby reserved to the electors of the City the powers o initiative ns of the
maybe
and referendum and of the recall of municipal elective officers.
Elections Code of the State of California, as the same now e amended, governing the initiative and referendum
shall apply to the use thereof in the City so far
Code are not in conflict With the provisions of this .
Sec. 600. Creation of of.flee: appointment: ten
There shall be a City Manager who shall
the City. The process for the selection of a Ci
City Council. It shall appoint, by a majority v
to be best qualified on the basis of exec
special reference to experience tn, and
the duties of the offices as set forth
the pleasure of the City Council.
No person shall be eligible t
as Mayor or as a member of th
such office. (Effective 12/27 /
c cers.
trative officer of
termined by the
that it believes
cations, with
ctice in respect to
ger shall serve at
City Manager while serving
........ , ........ one year after ceasing to hold
go
ad
be th
shall
ity.
the administrative branch of the City
onsible to the City Council for the proper
dep
Chart
ap
ers of the City, except elective officers and those
power of whose appointment is vested by this
, sh erve at the pleasure of the City Manager who may
such department heads and officers subject to the
ions of th.ls Charter. However, the appointment,
e librarian shall be subject to the approval of the board rary trustees, . appointment (but not the suspension or removal) of the Iler and treas , r shall be subject to the approval of the City Council, and the tment (but the suspension or removal) of the publlc utilities director shall ect to pproval of the board of public utilities. The City Manager may pprove all proposed appointments and removals of subordinate department heads or officers, and such appointments and removals by nt heads or officers shall be subject to the approval of the City Manager.
Notwithstanding the foregoing or any other provision of this Charter except Section 407, the City Council may adopt by ordinance, an employee appeal process which could afllrm, overrule or modify a final ad.m.1nlstrative decision concerning an employee grievance and could provide that such action shall be final. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have the power and be required to:
000518
RIVERSIDE CITY CHARTER
(a) Prepare the budget annually, submit such budget to the City Council and be responsible for its admtntstration after its adoption.
(b) Prepare and submit to the City Council annually a capital improvement plan.
(c) Prepare and submit to the City Council as of the end of the fiscal year a comprehensive report on the finances and adm1nistrative activities of the City for such fl.seal year.
(d) Keep the City Council advised of the financial condition and needs of anager.
ocurtng,
the City and make such recommendations as may seem desirabl (e) Prepare rules and regulations governing the con
purchasing, storing, distribution, or disposal of all s required by any office, department or agency of th
them to the City Council for adoption by it.
(1) See that the laws of the State pe
Charter and the ordinances of the City are enforc
(g) Perform such other duties consistent
the City Manager by the City Council. (Effective 1
Sec. 602. Participation in meetings of Counc
The City Manager shall be accorded a
meetings of boards and commissions an
deliberations, but shall not have a vote. ·
Sec. 603, Manager pro tempore.
The City Manager shall ap
of the other officers or depart
during any temporary ab
12/27/1995)
salons.
table and at all
cipate in their
val of the City Council, one
o serve as manager pro tempore
the City Manager. (Effective
mey and City Clerk by Council: tenure.
ger, there shall be a City Attorney and a City Clerk
d serve at the pleasure of the City Council. (Effective f City operations and activities.
il shall, by ordinance, provide for the organization of all City ties into functional units and may modify and change the e to time. Tilis orgaruzatlon shall be accomplished through the blishment, by ordinance, of City departments, offices and agencies, ssions and committees. In establishing departments, offices, agencies, bo , ommissions and committees, the Council shall provide the functions, powers and duties of each such department, office, agency, board, commission or committee created.
The Council may, by ordinance, abolish, consolidate, modify or separate any department, office, agency, board, commtssion or committee, and may assign, reassign, or modify any functions, powers, or duties.
No office provided in this Charter to be filled by appointment by the City 00051 9
RIVERSIDE CI1Y CHARTER
Manager may be consolidated with an office to be filled by appointment by the City Council. The City Council, subject to the provisions of this Charter, shall provide for the number, titles, quallflcations, powers, duties and compensation of all officers and employees. (Effective 12/27/1995)
Sec. 702. Eligibility, powers and duties of City Attorney, To become eligible for City Attorney, the person appointed shall be an attorney- at-law duly Ucensed as such under the laws of the State of California, . , shall have been engaged in the practice of law for at least five years prtor to pntr,tifllij> The City Attorney shall have power and may be required
(a) Represent and advise the City Council an City,
law pertaining to their offices.
(b) Represent and appear for the City in
which the City is concerned or is a party, and rep
or employee, or former City officer or employee,
in which any such officer or employee is concern
of such officer's or employee's employment or by
official capacity.
(c) Attend all regular meetings of the Ci
writing whenever requested to do so by the
officers of the City.
(d) Approve the form of all contr
endorsing the City Attorney's approval reo
(el Prepare any and all pro ed or
amendments thereto.
t
yee's
advice or opinion in
of the boards or
(f) Surrender to the
documents perta.1n1ng to the
The City Council sh
may emplo other atto
books, papers, files and
City Att
gal business and proceedings and
litigation or matter or to assist the
d 12/11/1986)
Sec.
all of
and
er.
d be required to:
and maintaining of a full and true record of
cil in books that shall bear appropriate titles
attend all meetings of the City Council either in
e books, in which shall be recorded respectively all
oris, with the certificate of the clerk annexed to each thereof ortginal or a correct copy, and as to an ord1nance requtring t the same has been published in accordance with this
s properly indexed and open to public inspection when not in ta1n separate books, in which a record shall be made of all written and official bonds.
(d) Be the custodian of the seal of the City.
(e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records, (f) Have charge of all City elections, (Effective 12/27/1995) (g) Facilitate and help members of the public exam and copy all approprl.ate public records, in accordance with Government Code of the State of 000520
RIVERSIDE Cl1Y CHARI'ER
Califomia.
Sec. 704. Controller.
There shall be a controller appointed by the City Manager with the approval of the City Council who shall have power and shall be required to:
(a) Maintain a general accounting system for the City government and each of its offices. departments and agencies.
(b) Supervise and be responsible for the disbursement of all mo control of all expenditures to insure that budget approprlatt audit all purchase orders before issuance: audit and a prove, invoices, payrolls, demands or charges against th ty g
advice of the City Attorney, when necessary, det e th
correctness of such claims, demands or charges.
(c} Submit to the City Council through the
all receipts and disbursements 1n sufficient deta
of the City; and, as of the end of each fls
statement and report.
(d) Maintain the records of current invento
City departments, offices and agencies. (Effectiv .
Sec. 705. Treasurer.
There shall be a treasurer ap
the City Council who shall have
d have
xceeded;
all bills,
(a) Receive all truces, asses
for whose collection the Ci
receivable by the City fro
court, or from any office,
er revenues of the City, or
all truces or other money
deral government, or from any
City.
(b) custod g to or under control of the City or
any offi
into
the
desi
of the
secu
Ch
ent and deposit all funds coming
as may be designated by resolution of
• ch re on be adopted, then in such depository
anager, and 1n compliance with all of the provisions
e State governing the handling, depositing and
mands audited in the manner provided for 1n this
o the City Council monthly written reports on the cash
City and all of its City departments, offices and agencies. 12/11/1986)
ring oaths.
ent head and the deputies thereof shall have the power to and affirmations in connection with any offictal business pertaining ent.
Sec. 707. Appointive powers of department heads.
Each department head and appointive officer shall have the power to appoint, suspend or remove such deputies, assistants, subordinates and employees as are provided for by the City Council for such department or office, subject to the provisions of this Charter and of any personnel merit system adopted hereunder. (Effective 12/27/1995)
000521
RIVERSIDE CI1Y CH.ARTER
Sec. 708. Acceptance of another office by elective officer.
Any elective officer of the City who shall accept or retain any other elective public office shall be deemed to have vacated his/her office under City government. (Effective 12/27/1995)
Sec, 709. Nepotism.
Neither the Mayor nor City Council shall appoint to a salarted position under the City government any person who is a relative by blood or marriage degree of the Mayor or any one or more of the members of the C e third
or shall
salaried any department head or other officer having appointive pow position under City government any person who his/ ood
marriage within the third degree. ·
A relative within the third degree is defined
father, brother, sister, grandchild, grandparent,
grandchild, or great-grandparent. Half-relatl
included as relatives. (Effective 12/27/1995)
ARTICLE Vlll. APPOINTIVE BO
Sec. 800. In general.
There shall be the following enume
have the powers and duties herein s
consistent with the provisions of this
of the City Council.
In addition, the City Coun.'-'W!~I.Ul.
boards or commissions as in i
powers and duties as are cons
The City Council s
than seven or each bo
, ssions which shall
powers and duties,
d to them by ordinance
ce such additional advisory
d, and may grant to them such
of this Charter.
, the number of members, not less
ve 12/27/1995)
ude in its annual budget such appropriations of
cient for the efficient and proper functioning of
ve 12/27/1995)
s.
ch board or commission shall serve at the pleasure of
and shall be nominated and appointed by the Mayor and
u ed electors of the City, none of whom shall hold any paid the City government. They shall be subject to removal by the cil by a motion adopted by five affirmative votes with the Mayor e members thereof shall serve for a term of four years and until uccessors are appointed and qualifted, and may serve for not more ecutlve full terms.
Minors may be appointed to a youth commission or other boards or commissions if they would otherwise qual(ly as an elector under the Elections Code of the State of California. Minors appointed to a youth commission or other boards or commissions shall serue a tenn qf one year and may serve for not more than two consecutive terms.
7-16 16
000522
RIVERSIDE CI1YCHARrER
Except for minors appointed to a youth commission, a minor appointed to a board or commission shall serve as a preferential voting member qf the board or commtssfon, The minor shall be seated with the members of the board or commtssfon and shall be recognized as a full member qf the board or commtssfon at the meetings, including receiving all materials presented to the board or commtssfon and participating in the discussion of issues. Preferential voting, as used fn this section, means a formal expression of opinion that ts recorded in the minutes and cast prior to the official wte of board or commission. The non-voting or preferential voting m all not be included in determining the vote required to carry an before the board or commtssfon or qffect the action taken b bo mission.
Each minor member shall have the right t
the board or commission, except closed
solicited on matters subject to closed session
Sec, 803. Terms of members of existing enum
Upon the effective date of this Charter,
commissions shall be deemed reappointed an
appointment held under the previous C
commissions shall remain in existence •
consistent with this Article.
All vacancies shall be filled
position on a board or commission
appoint a person to fill the vacan
ns.
of boards and
same terms of
boards and
e City Council
le except that when a
lxty days the Mayor shall
The City Council shall
establish the number of me
following the effective date o
such ordin ce, the pe
the boar mmiss
as provided by Section 800, to
~uu.1u»Sion as soon as practicable
number of members is reduced by
e ellm1nated shall be determined by
of members is increased, the ordinance
new llJ.,;;u.,uers of less than four years so that as near Sec.
of e
1 will expire each year. (Effective 12/27/1995)
ubpoena power.
of ea ardor commission after the last day in February
ards and commJssions shall organize by electing one of
1ng officer at the pleasure of such board or commtsslon. shall hold regular meetings at least once each month and as· such board or commission may require. All proceedings lie, except as provided by State law.
be otherwise provided in this Charter, the City Manager shall for the recording of minutes for each of such boards and o shall keep a record of its proceedings and transactions. Each ssion may prescrtbe its own rules and regulations which shall be cons with the Charter and copies of which shall be kept on file in the Office of the City Clerk where they shall be available for public inspection. Each board or commission may request from the City Council the power to compel the attendance of witnesses, to compel the production of evidence before it and to administer oaths and affirmations. The City Council, by resolution, shall have sole power to provide such power to boards and commissions. (Effective 12/27/1995} 000523
RIVERSIDE Cl1Y CHARTER
Sec. 80lS. 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 expend!tures have received authorization by the City Council.
Any vacancies 1n any board or commission, from whatever cause arising, shall be filled by the Mayor and City Council With the Mayor entitled to vote on any such appointment. Upon vacancy occurring leavtng an unexpired portion o term, any appointment to fill such a vacancy shall be for the unexpired p · ch term. If a member of a board or commission absents himself herself regular meetings of such board or commission, wlle pe
commission expressed in its official minutes, or nvtc
turp itude, or ceases to be a qualified elector of th
and shall be so declared by the City Council. If
commission has remained vacant for sixty days,
fill the vacancy 1n accordance with Section 803.
Sec. 806. Planning commission.
There shall be a planning commission wh1 ~
(a) After a public hearing thereon, reco nd to
amendment or repeal of the General P y part
development of the City.
(b) Exercise such control over
Council.
(c) Make recommendations
and redevelopment activities 1n d uses.
ower and duty to:
cil the adoption,
, for the physical
astructure improvements
(d) Exercise such fun
prescribed by ordinance, not ,
onlng and land use as may be
rovtsions of this Charter.
(e) view all o y be prescribed by ord!nance, not
inconsist . th the
to:
ngin m , planning director or their assistants, may
cipa
12/
cussions of the planning commission but shall not
es b --Composition.
resources board, which shall have the power and duty
e City Council, after a public hearing thereon, the
r repeal of personnel rules and regulations.
dvtsory capacity to the City Council on matters concerning on. (Effective 12/27/1995)
d of library trustees.
ere shall be a board of library trustees, which shall have the power and duty to:
(a) Have charge of the administration of City libraries and make and enforce such bylaws, rules and regulations as may be necessary therefor. (b) Designate its own secretary.
(c) Consider the annual budget for library purposes during the process of Its preparation and make recommendations With respect thereto to the City Council and 000524
RIVERSIDE CI1Y CHARIER
the City Manager.
(d) Purchase and acquire books, journals, maps, publ1cations and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the librarian, who shall be the department head.
(f) Accept money, personal property or real estate donated to the purposes, subject to the approval of the City Council.
(g} Contract with schools, County or other govemmen
receive library services or facilities, subject to th pro (Effective 12/27/1995)
Sec. 809. Park and recreation commission.
There shall be a park and recreation co
and duty to:
(a) Act in an advisory capacity to the City
parks, recreation. parkways and street trees.
(b) Consider the annual budget for parks
purposes during the process of its prepara
respect thereto to the City Council and the
(c) Assist in the planning of par
of the City, promote and stimulate p
the fullest extent possible the coop
prtvate agencies interested therein.
{d) Establish policies fi
parks and playgrounds and fi
all parks, playgrounds and
Council. ectlve 12/2
for the inhabitants
d to that end solicit to
es and other public and
elopment and improvement of
d removal of trees and shrubs in
· e rtghts and powers of the City
tel) 'fhc i:ntttal teim of the mcmbeis composing the :tntt:tal eommfsst:on sh8:H be determined 'b3' the eon~ston by lot so that fom members shaB sene a fuH fottr }Car term and three members a t:wo year term. (Effecthe 12/27/19951 ARTICLE IX. PERSONNEL MERIT SYSTEM.
7-19 19
000525
RIVERSIDE CI1Y CHARTER
Sec. 900. Generally.
The City Council shall by ordinance establish a personnel merit system for the selection, employment, cornpensatton/classiflcatlon, promotion, discipline and separation of those appointive officers and employees who shall be included in the system. (Effective 12/27/1995)
ARTICLE X. RETIREMENT.
Sec. 1000. Authority to continue under State system.
Plenary authority and power are hereby vested in the C ncil and exercise its several officers, agents and employees to do and any authority granted, permitted, or required
Employees' Retirement System, as it now exist
enable the City to continue as a contracting
Retirement System. The City Council may te
administration of the Public Employees' Retire
granted by ordinance adopted by a majority vote
such proposition at an election at which such pro
Sec. 1100. Fiscal year.
The fiscal year of the City gove .. ,, .
.. ni\11k
r;!~P
.,:m !
' '1~lf•
e
i'
a o
. ty
of the City, voting on
.)
Sec. 1101. Budget--Submissio~ /1, ~~i'Coun~ ir not .
At least thirty-five calen~ ~~ij ays I), tl"~r to th • eginning of each fiscal year. the City Manager shall submit to ~~~City Co ' cil a p11,~ ,'osed budget containing estimates of revenues and expenditure each dep~ent or office, as appropriate. After reviewing tj;le same an g sue . -~""' · as it may deem advtsable, the City ~~ 11 Council •, , etenni e for ,
1 ,, ,1.: • g of a public heartng thereon and sha
cause b she thereof · ess than twenty days prior to said healing, by at per of general circulation within the Clty.
J,,shall be avallable for inspection by the public in
the o ery public library in the City at_least twenty days at any time to which such public hearing shall from
, the City Council shall hold a public hearing on the
nteresled persons deslrtng to be heard shall be given such ame--Further consideration, revision and adoption; availability to ents, etc.
After the conclusion of the public hearing, the Clty Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the day precedlng the start of the fiscal year, it shall adopt the budget.
A copy shall be placed, and shall remain on file, in the office of the City Clerk and copies shall be placed in all the public librarles in the City where they shall be 000526
RIVERSIDE CI1Y CHARTER
available for public inspection. The budget shall be reproduced and copies made available for the use of departments, offices and agencies of the City. (Effective 12/27/1995)
Sec. 1104. Same-Appropriations: transfer of funds.
From the effective date of the budget, the several amounts Stated therein as proposed expenditures shall be and become appropriated to the several departments. offices and agencies for the respective objects and purposes therein ed. All appropriations shall lapse at the end of the fiscal year to the t ey shall not have been expended or lawfully encumbered, except for ap ns for capital projects which shall continue to the completion ects unless a different rule has been established by action of the
At any meeting after the adoption of the bu
supplement the budget by motion adopted by
members so as to authorize the transfer of u
purpose to another purpose or to appropriate
budget. (Effective 12/27/1995)
Sec. 1105, Centralized purchasing.
Under the control and direction of the C
centralized purchasing system for all Cl
be established a
les, which system
shall be consistent with all other provisi
Sec. 1106. Tax limits; special rlibr
(a) The City Council s
excess of one dollar annu
taxable property in the
levy for municipal purposes, in
ch o dollars of the assessed value of
pt provided 1n this section, unless
authorize the es of e electors voting on a proposition
to in
mu
addi
other
truces
all
ction question of such additional levy for
ed to ors. The number of years that such
be s ed in such proposition.
collected at the time and in the same manner as
urposes are levied and collected, as additional
t thereof is made:
me liabilities of the City for principal and interest of d unpaid, or to become due during the ensuing fiscal
obligations of the City: and,
meet all obligations of the City to the Public Employees' he retirement of City employees, due and unpaid or to become fiscal year.
, in addition to the above, may be made annually in an amount ty cents on each one hundred dollars of the assessed value of in the City for library purposes. The proceeds of such special levy nly for the purpose for which it is levied.
Sec. 1107. Procedure for assessment, levy and collection of taxes.
The procedure for the assessment, levy and collection of truces upon property, taxable for municipal purposes, may be prescribed by ordinance of the City Council.
Sec. 1108. General obligation bonded debt ll.mlt; vote required for issuing general obligation bonds: Issuance of revenue bonds, notes and other evidence of 000527
RIVERSIDE CITY CHARrER
indebtedness.
(a) The City shall not incur an indebtedness evidenced by general obligation bonds which shall 1n the aggregate exceed the sum of fifteen percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property Within the City.
(b) No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at any election at which the questio submitted to the electors and unless in full compliance with the pr · io f the State Constitution and of this Charter. The City Council may b ce determine that the election shall be conducted as a matl-b ele . prescribe the procedures for conducting the election.
(c) The City Council by procedural ordin
public hearing, notice of which has been given by
to such heartng, may issue revenue bonds, not
Without an election for any Clty purpose or p
Charter notwithstanding, may make such cove
deemed necessary in connection with the issu
notes or other evidences of indebtedness.
s are
revenue bonds,
(d] Before issuing general obligatio
other evidences of indebtedness, the Ci
bonds, notes or
ine by ordinance
qf indebtedness
gotiated private sale.
or resolution whether such bonds,
shall be sold at public sale by noti
Sec. 1109. Public works co
Every project for th
works, streets, drains, sew
. provement of public buildings,
1 ygrounds, and evety purchase of
e total expenditures required for
Council or by the board of public
tract to the lowest responsible bidder
supplies aterials
the s
utili
after
or m
ope
excep
such
con
ewspa general circulation Within the City by one
ch shall be at least ten days before the time for
nance or repair of streets, drains or sewers are
section if the City Council determines that
ed re economically by a City department than by
ch work.
panied by either a certified or cashier 's check, or a
corporate surety authorized to engage in such business . in e o the City, or such other form of bidder's security as the hes by ordinance. Such security shall be in an amount not , ed in the notice inviting bids or in an amount not less than ten egate amount of the bid. If the successful bidder neglects or to the contract, within the time specified 1n the notice inviting bids cations referred to therein, the amount of the bidder's security shall be dee orfeited 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 or board of public utflltles pursuant to Section l 202(bJ may reject any and all bids presented and may readvertise in its discretion.
The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates -
000528
-
RIVERSIDE CfIY CHARTER
approved by the City Manager, the work in question may be performed better or more economically by the City with Its own employees or the supplies or materials may be purchased more economically on the open market, and after the adoption of a resolution to that effect by at least five affirmative votes of the City Council may proceed to have said work done or said supplies or materials purchased in the manner stated, without further observance of the provisions of thJs section. Such contracts likewise may be let without advertising for bids if such work or supplles or materials shall be deemed by the City Council to be of urgent necessity for the p rvatlon of life, health or property, and shall be authorized by resolution ssed at least five affirmative votes of the City Council and containing a d of the facts constituting such urgency.
Projects for the construction and/or fmprov
by the City or for the purchase of supplies or eq
excepted from the requirements of this section, p
five affirmative votes. (Effective 1/6/2003 and 1
Sec. 1110. Cash management.
Adequate cash shall be maintained to
'frm:t!fcrTramefers and loans may be made
another as may be required. (Effective 12/27 /
Sec. 1111, Capital projects funds.
(a) Funds for capital projects
the City Council which only requ
subsection B (bJ. Capital projec
approval by the voters are provi c).
ds of the City.
om one fund to
ta1 projects initiated by
uncil are provided for in
ouncil which also require
{b) A City Council app
purpose and the approprtatl
forth in Se tion 1104.
may
res
a shall remain for the established
e completion of the project, as set
as been completed, the City Council
ered surplus to any fund similarly
capt
whic
deri
rat
aw, the City Council may levy and collect truces for
e annual tax levy a levy for such purposes in
proprtate to any such fund or funds the moneys
t ma · t, in making such levy, exceed the maximum tax
er, unless authoriZed by the affirmative votes of two-
. the proposition at any election at which such question voter approved capital project shall remain inviolate for the as created unless the use of such fund for other capital project d by the electors voting on such proposition at the general or which such proposition was submitted. The majority or super age of a voter approved capital project w1l1 depend on the enabling er which it is proposed. Notwithstanding the above, the proposition appr a capital project may be amended as provided 1n the proposition or the enabling legislation. (Effective 12/27/1995)
Sec. 1112. Registering warrants.
Warrants on the City Treasurer which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at 000529
RIVERSIDE CI'lY CHARI'ER
such rate as shall be fixed by the City Council by resolution. (Effective 12/27/1995) Sec. 1113. Independent audit.
The City Council shall employ, at the begtnning of each fiscal year, a qualifted public accountant who shall, at such time or times as may be specified by the City Council, and at such times as such accountant shall determine, examine the books, records, inventortes and reports of all officers and employees who receive, handle or disburse public funds and of such other officers, employees or dep ts as the City Council may direct. As soon as practicable after the end o year, a final audit and report shall be submitted by such accountant to th cil, one copy thereof to be distrtbuted to each member, one , e ger, controller, treasurer, and City Attorney, respectively, and thr tion be placed file in the office of the City Clerk where they sh e avail on by, , general public. (Effective 12/27/1995)
ARTICLE XII. DEPARTIKENT 0
Sec. 1200, Createdi management and control.
There shall be a department of public
management and control of the City Manag
duties of the board of public utilities a
department shall be responsible for
conservation and any other utility as
shall be under the
the powers and
s Article. Said
. plies, services and
· ·· of the City Council, and
or contracted for by the shall include all works owned, co City for supplying the City such utilities. (Effective
12/27/1995)
mee
qu
where
publl
n; appllcablllty of Article VIII of
All of the provisions of Article VIII of
,;;.u .. ,, ..... ,.~stons generally, to the organtzatlon, and expenses thereof, and to the appointment,
compensation and powers of members thereof,
ions of this Article, shall apply to the board of
95)
duties.
ties shall have the power and duty to:
ual budget for the department of public utilities during the on and make recommendations With respect thereto to the City anager.
, and let public works contracts in compliance with Section e limits of the budget of the department of public utilities, any qutpment, materials, supplies, goods or services, or any acquisition, cons on, improvement, extension, enlargement, dim1nution, or curtailment of all or any part of any public utility system when the amount exceeds $50,000, and authorize the City Manager, or his designee, to execute contracts or issue purchase ordersfor the same. This amount may be increased in $1,000 increments by ordinance to account for inflation whenever the cumulative increase in the consumer prtce index exceeds $2,000 from the last increase. No such purchase, or acqllisitlon, construction, improvement, extension, enlargement, diminution or 000530
RIVERSIDE Cl1Y CHARfER
curtailment shall be made without such prior authorization.
Notwithstanding the above, such a purchase, or acquisition, constrnction. extension, enlargement, diminution or curtailment may be made without prior approval (lJ for work done at the request of and at the expense of a customer, pursuant to rules established by the board of public utilities and approved by the City Council, or (2) if there is an urgent necessity to preserve life, health or property (i.J as determined by the director of public utilities or, (ii} if the amount exceeds $100,000 by the director of public utilities and the City Manage practicable thereafter, the director of public utilities shall t Section 1202(bl2} to the board of public utilities for ratificatio . (c) Within the limits of the budget of the de ent
appropriations from the contingency reserve fun . capi
related to the appropriate utility function.
(d) Require of the City Manager monthly I1
the department of public utilities, segregated as
statements of the general condition of the dep
(e) Establish rates for all utility operatio
including but not limited to water and electric
controlled or operated by the City, but subject to
{fJ Authorize the director of public
contracts wf th individual retail custo
utility service as provided under
individualized seruice established
(gf) Approve or disapprove
who shall be the department head.
(hg) Designate its own s
.
er n 1200
utilities owned,
ty Council.
and execute
any other
rates for such
or of public utilities,
(fh:) Make such repo
regarding the department of
(Ii) ercise su
prescribe ordin
s in writing to the City Council
ty Council shall deem advisable.
orm such other duties as may be
any of the provisions of this Charter.
(Effecti 00_J
Sec.
pure
tures generally; exemption from centralized
pm materials and supplies peculiar to the needs of the
enue.
need not be made through the centra.112.ed purchasing
disbursement of funds of the department of public
proved as elsewhere in this Charter provided.
each public utility for each fiscal year shall be kept separate and moneys of the City by deposit in the appropriate revenue fund and e purposes and in the order as follows:
e payment of the operating and maintenance expenses of such utility, any necessary contribution to retirement of its employees . (b) For the payment of interest on the revenue bonded debt of such utility. As used in this section "revenue bonded debt of such utility'' means the debt evidenced by revenue bonds, revenue notes or other evidences of indebtedness payable only out of the revenues pertaining to the utility involved, whether the same are issued under the provisions of this Charter or under the provisions of any general law of the State ·of California.
7-25 25
000531
I
RIVERSIDE Cl1Y CHARTER
{c) For the payment. or provision for the payment of the principal of said debt as it may become due, and of premiums, if any, due upon the redemption of any thereof prtor to maturtty.
(d) For the establishment and maintenance of any reserves for B and C above. (e) For capital expenditures of such utllity.
{f) For the annual payment by each utility into the general fund in twelve equal monthly installments durtng each fiscal year, an amount not to exceed 11.5 percent of the gross operating revenues, exclusive of surcharges, of each specific ty for the last fiscal year ended and reported upon by independent public o Sec. 1205. Sale of public utility.
No public ut111ty now or hereafter owned or
leased or otherwise transferred unless authorize
two-thirds of the voters on such proposition at a
at which such proposition is submitted.
ARTICLE Xlll. F
Sec. 1300. Requlrlng; granting generallyi app
Any person, firm or corporation
transportation, communication, terminal
power, refrigeration, storage or any oth
streets, ways, alleys or places for the ra
furnishing thereof, or traversing . · - porti
conveying of any such service else
and existing franchise therefi
franchise or not, and to presc
also provide, by procedural
and conditi ns of such
this Ch
~owned utlllty.
inhabitants with
at, electricity, gas,
, or using the public
s or eqU!pment for the
for the transmitting or
y ordinance to have a valid
is empowered to grant such
tions of any such grant. It may
of practice and additional terms
• ereof, all subject to the provisions of
Article, shall apply to the City, or to
ch utility or service.
to grant; notice and public hearing,
fran e, the City Council shall pass a resolution declaring i ame, stating the name of the proposed grantee, the
· the terms and conditions upon which it 1s proposed to shall fix and set forth the day, hour and place when and any persons h any interest therein or any objection to the granting thereof ppear before . e City Council and be heard thereon. It shall direct the City to publish · 'cl resolution at least once, within fifteen days of the passage in an per of general circulation within the City. Said resolution shall be ten days prior to the date of hearing.
e set for the hearing, or at any adjournment thereof, the City Council s eed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the francWse on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that any substantive change should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon.
000532
RIVERSIDE CI1Y CHARTER
Sec. 1302. Term of franchise.
Every franchise shall state the term for which it is granted, which shall not exceed thirty-five years.
Sec. 1303. Eminent domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through exercise of the right of eminent domain, and nothing therein shall be construed to contract away or to modify or to abridge, ei or in perpetuity, the City's right of eminent domain with respect to Sec. 1400. Definitions.
Unless the provision or the context othe
(a) "Shall" is mandatory, and "may" is pe
(b) "City" is the City of Riverside, and " ," sion,"
"agency," "officer," or "employee," is a departm.en
or employee, as the case may be, of the City of
, agency, officer
(c) "County" is the County of Riverside.
(d) "State" is the State of California.
(e) "Newspaper of general circula
Sec. 1401. Violations and penalty;
The violation of any provis
and be punishable upon convi
be deemed a misdemeanor
ceeding one thousand dollars or
onths or by both such fine and by imprisonment for a perlo imprisonment.
Sec.
Co
Charte , the application thereof to any person or
mainder of the Charter, and the application of such
· ces, shall not be affected thereby.
ttee.
1n February every eight years thereafter, the City
priate adequate funds for a Charter review committee.
e shall have the power and duty to:
o e City Council which, if any, Charter amendments should at the next regular municipal election for Mayor.
meetings to receive input on proposed Charter amendments. final report with its recommendations to the City Council by the ay preceding the next regular municipal election for Mayor. It may, , make interim reports to the City Council.
e City Council shall act upon the recommendations of the Charter review committee prior to the last day to place measures on the ballot for the next regular municipal election for Mayor.
The City Council may appoint Charter review committees more often if it desires. (Effective 12/27/1995)
000533
RIVERSIDE CI1Y CHARTER
Sec. 1404. Charter, amending.
This Charter, and any of its provisions, may be amended in accordance with the Constitution and laws of the State of California. (Effective 12/27/1995) Sec. 1405. Pending actions.
No action or proceeding before any board or commission of the City, whether specifically enumerated in this Charter or not. which was commenced before the effective date of this Charter, and no right accrued in any such proceed~- ls affected by the provisions of this Charter, but all proceedings taken ther · · · r ·· · 1 conform to the provisions of this Charter.
000534