EXHIBIT W
000535
CITY OF RIVERSIDE COUNCILMEMBERS
CITY COUNCIL
V
z
July 13, 2004 4/5
WARDS 1 12/3 7
Division of the Greater Riverside Chambers of Commerce; and (2) provide | Motior hat such designee of the Downtown Division of the Chambers may be a Secon seated member of another City board or commission. All Ayes
PROPOSED CITY CHARTER AMENDMENTS
Following discussion regarding the Charter Review Committee's proposed City Charter amendments, motion was made and seconded to (1) approve the amendments as recommended by the Charter Review Committee and outlined in the written staff report, and (2) directed the City Attorney and City Motion X Clerk to prepare the necessary resolutions to call a special municipal election Second X for Tuesday, November 2, 2004, for the purpose of proposing such Charter Ayes X amendments to the electorate. Noes
*Following further discussion, the City Council requested the City Attorney's Office return in two weeks with a resolution combining non-substantive Motion changes as one ballot measure and substantive issues as individual ballot Second X measures. All Ayes
Councilmember Schiavone was excused and left the dais.
MURAL PROJECT - 91 FREEWAY UNDERPASS AT PIERCE
Following discussion, the City Council (1) approved the mural design for placement on the 91 Freeway Underpass at Pierce Street including | Motion "Riverside" text on both mural facades; and (2) directed staff to seek Second CalTrans approval. All Ayes
Councilmember Adams was excused and left the dais. A
LEGISLATIVE REPORT
Mayor Loveridge reported on the League of California Cities Priority Focus dated July 2, 2004.
STATUS REPORT ON REGIONAL ORGANIZATIONS - CONTINUED
Following discussion and without formal motion, the reports on the activities of the (1) Riverside County Community Action Commission; and (2) Riverside Transit Authority (RTA) were continued.
Councilmember Adams returned to the dais.
CONSIDERATION - CASE PO4-0110 - VARIANCE - 2646 ALESSANDRO Following discussion, the City Council approved the recommendations of Councilmember Adkison to reconsider from the June 22, 2004, City Council 90-20
000536
Riverside
CITY OF RIVERSIDE *****
RIVERSIDE: All-America Cit
MEMORANDUM
eople Servin 1928
eopl
HONORABLE MAYOR AND CITY COUNCIL DATE: July 13, 2004
ITEM NO: 87
SUBJECT: CHARTER REVIEW COMMITTEE - FINAL REPORT
BACKGROUND:
On May 6, 2003, the City Council approved (1) formation of a seventeen-member Charter Review Committee with each Councilmember appointing two members with at least one representative from their respective Ward and the other at-large, and with the Mayor appointing three members at- large; (2) that Charter Review Committee members shall be qualified electors of the City; and (3) that the Committee conduct a full review of the Charter.
Pursuant to Section 1403 of the Riverside Charter, the Charter Review Committee roster listing the names as appointed by the Mayor and individual members of the City Council was presented to and approved by the City Council on July 22, 2003. At their first meeting of August 5, 2003, the Charter Review Committee selected Eric Haley as Chair and Ben Johnson as Vice-Chair. A committee roster is attached.
The Committee generally met on the second and fourth Thursdays of each month and convened twenty-one times. Community forums were scheduled at various locations through the City to provide convenient opportunities for citizen input on Charter issues. The work of the Committee included interviews of key elected and appointed officials, special guests, and deliberation on specific issues. The attached matrix records the issues discussed and the Committee's recommendations. The proposed Charter amendments endorsed by the Committee have been codified by the City Attorney into the attached draft Charter language.
In order to meet the August 6, 2004, deadline for placement of measures on the November 2, 2004, ballot, the City Council must adopt the resolution calling the election no later than their meeting of Tuesday, July 27, 2004.
The City Council actions of May 6, 2003, and April 6, 2004, define the parameters of City Council consideration of these matters to be:
1. Five affirmative votes of the City Council shall be required to amend the recommendations of the Charter Review Committee;
2. Only four affirmative votes of the City Council shall be required to amend the recommendations of the Charter Review Committee proposed by the Mayor in writing to the City Council in advance of any City Council action; and
- 3. By simple majority of the City Council, the Charter amendments proposed shall be placed on the ballot.
87-1
000537
- The amendments endorsed by the Charter Review Committee are detailed in the matrix and draft Charter language as attached and summarized below:
• Preamble revised to reflect diversity of Riverside residents (Charter Preamble, Matrix page 1)
• Amend title of Article Il to read, "General Powers of City" (Charter Article /I)
• Add Sunshine provision regarding access to public meetings and public records (Charter Sections 201, 408, 411, and 703; Matrix pages 3, 10, 11, and 15, respectively) • Require adoption of Code of Ethics for elected officials and members of boards, commissions, and committees
(Charter Section 202, Matrix page 3)
• Compensation for Mayor and Councilmembers determined by vote of City Council in January of odd-numbered years with increase not-to-exceed 5%
(Charter Section 403, Matrix page 8)
• Provide for Mayoral appointment of City Council Standing Committee Chairs (Charter Section 405, Matrix page 9)
• Add Mayoral-appointed and ad hoc City Council committees to the list of public meetings (Charter Section 408, Matrix page 10)
• Audio record all closed session meetings of the City Council and preserve recordings for two years
(Charter Section 408, Matrix page 10)
- • Provide for citizen participation at City Council ad hoc committee meetings (Charter Section 411, Matrix page 11)
• Reference Government Code requiring City Clerk to facilitate inspection of public records (Charter Section 703, Matrix page 15)
• Every City board and commission shall have a representative from each City Council ward (Charter Section 802, Matrix page 16)
• Permit the appointment of minors to all City boards and commissions as preferential voting members for one-year terms not-to-exceed two consecutive terms (Charter Section 802, page 17)
• Eliminate the Mayor and Council Members Salary Commission (Charter Section 810, Matrix page 19)
• Add Community Police Review Commission
(New Charter Section 810, Matrix page 19)
• Grant City Council authority to conduct general obligation bonded debt limit elections by mail-in ballot
(Charter Section 1108, Matrix page 22)
• Grant City Council authority to determine whether general bonds, notes, or other indebtedness shall be sold at public sale by notice or by negotiated private sale (Charter Section 1108, Matrix page 22)
• Authorize alternative methods for posting security/bonds for public works contracts (Charter Section 1109, Matrix page 23)
• Typographical errors
(Charter Sections 1110, 1111, and 1113; Matrix pages 24, 25, and 26, respectively) - • Change independent auditor at least every five years (Charter Section 1113, Matrix page 26)
2 87-2
000538
• Authorize design-build contracts for public works projects, under regulations established by ordinance
(Charter Section 1114, Matrix page 27)
• Authorize Board of Public Utilities to award contracts over $50,000 within the approved City budget and to authorize City Manager to execute such contracts without City Council approval (Charter Section 1202, Matrix page 28)
• Public Utilities customer-requested work be exempt from Board of Public Utilities and City Council approval requirements, subject to rules adopted by Board of Public Utilities and City Council
(Charter Section 1202, Matrix page 28)
• Authorize Public Utilities Director to execute long-term contracts for water, electric, and other utility services to individual customers subject to Board of Public Utilities and City Council- approved rates
(Charter Section 1202, Matrix page 29)
FISCAL IMPACT:
Anticipated costs to place Charter amendment issues on the November 2004 ballot are $60,000 and have been included in the proposed Fiscal year 2004/05 Budget.
ALTERNATIVES:
1. Place the measures as proposed by the Charter Review Committee on the November 2, 2004, ballot.
2. Decline to call a special election to consider proposed Charter amendments. - 3. Amend or add Charter amendment proposals for voter consideration.
RECOMMENDATIONS:
That the City Council:
1. Consider the Charter amendments proposed by the Charter Review Committee and revise or add amendments as the City Council deems appropriate; and
2. Direct the City Attorney and City Clerk to prepare the necessary resolutions to call a special municipal election for Tuesday, November 2, 2004, for the purpose of proposing such Charter amendments to the electorate.
Prepared by: Concurs with:
CAECORY P. PRAMOS
ERIC HALEY, Chair
Charter Review Committee City Attorney
Concurs with: Approved by:
COLLEEN. NICOL
City Clerk City Manage
3 87-3
000539
Attachments: Charter Review Committee roster
Matrix of proposed Charter amendments
Proposed Charter language
Rotation of auditor memorandum
cnicollcharter.cc.071304
4 87-4
000540
Updated 12-8-2003
ITY C
RIVERSIDE City of Riverside
CHARTER Charter Review Committee
rastafutuat
July, 2003
Ward Phone
Mayor
Damon Castillo 909-826-6677
Eric Haley 4 909-787-7141
Chairman
Marcia McQuern 3 909-369-1376
Ward 1
Rose Mayes 1 909-342-0260 (home)
909-682-6581 (bus)
Dale McNair 1 909-781-2979 (home)
909-683-2023 (bus)
Ward 2
Dorothy Bailey 5 909-687-0831
Stan Stosel 2 909-786-9123
Ward 3
Rusty Bailey 3 909-779-6243
Sharon Tyrrell 4 909-778-1370
Ward 4
Ray Higgins 4 909-217-4870
Connie Leach 4 City Clerk's Office
909-826-5557
Ward 5
Gar Brewton 5 909-781-0811
909-359-5735 (home)
Mike Teer 2 909-682-9192 (home)
909-784-1342 (bus)
Ward 6
Ben Johnson 6 909-687-8128 (bus)
Vice Chairman
Barry Johnson 909-217-8207 (days, cell)
Ward 7
Art Garcia 7 909-351-8409
Fax: 909-637-9225
Marjorie von Pohle 909-689-0962
G: ICLKIBDCOMM20031charter.rosterpublic.xis
87-5
000541
RIVERSIDE
CHARTER
PAST• FUTURE
CHARTER REVIEW COMMITTEE'
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
Preamble ISSUE 1: 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:
87-6
• Revise Preamble to reflect diversity of Riverside
Residents.
Vote: 14 - Unanimous
All recommendations reflect an affirmative vote of at least two-thirds (11 of 17) of the members of the Charter Review Committee. Revised 7/07/04 -1
000542
87-7
Succession
N/A N/A No proposed changes. Incorporation and 100-104
Changes
Substantive
Impact Non-
histal Substantive/ Issues Title Section PArticle
Article Section Title Issues Substantive/ Pascal
Non- Impact
Substantive
Changes
201 General Powers of ISSUE 1: Access to public meetings and public records. NS City Positions:
None
• No change to Charter.
• Add Sunshine 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 - 0 Unanimous
ISSUE 2: Development of an Ethics Code.
87-8 Positions:
202 General Powers of No change to Charter (Charter silent on the issue) None City Add Code of Ethics to the Charter. None
No change to Charter; recommend that City Council None
None
Code of Ethics within 6 months of the effective date of this Charter.
Recommendation:
Amend Charter to require that the City Council adopt a
Code of Ethics within 6 months of the effective date of this Charter.
Vote: 14 Affirmative
2 Negative
000544
Arricle Section Title Substantive/
Issues Non- Impact
Substantive
Changes
300 Form of Government ISSUE 1: Council-Manager form of Government.
Positions:
• No change to current Council-Manager form of None
government.
• Strong Mayor form of government. Undetermined
Recommendation:
• No change to current Council-Manager form of
Government.
Vote: 12 affirmative
1 abstention
87-9 O negative
000545
Darticle Section Title Issues Substantive/ Non- • LI
Substantive Impact
Changes
IV 400 Enumerated; number, ISSUE 1: Nomination and elections by ward. term and manner of Positions:
election; wards. • No change to the current system of elections by Ward. None • Top two candidates nominated by ward and then elected Minor" at large.
Recommendation:
• No change to current system of elections by Ward.
Vote: 12 affirmative
1 abstention
• negative
ISSUE 2: Instant run-off voting.
Positions:
• No change to the current voting system (general None
municipal election with run-off election if necessary). • Adopt instant run-off system (no separate run-off Major** election).
• Highest vote getter is elected (no separate run-off Major 87-10 election).
Recommendation:
• No change to the current voting system (general
municipal election with run-off election if necessary.
Vote: 13 affirmative
3 negative
ISSUE 3: Shorten period between general election
and run-off election from ten weeks to six
weeks.
Positions:
• No change to general election and run-off election None schedules.
• Shorten time between such elections to six weeks. None Recommendation:
• No change to general election and run-off election
schedules.
Vote: 16 - Unanimous
"Minor reflects fiscal impact of less than S50,000
•'Major denotes fiscal impact exceeding $50,000.
000546
Article Section Title Issues Substantive/ testal
Non- Impact
Substantive
Changes
IV 400 Enumerated; number, ISSUE 4: Election of Mayor in even numbered years. term and manner of
election; wards Positions:
• No change to current system of election in odd None
numbered years, concurrent with Wards 2,4 and 6
elections.
• Coordinate election of Mayor with General Election Major cycle in even-numbered years.
Recommendation:
• Coordinate election of Mayor with General Election.
Vote: 9 affirmative
6 negative
Recommendation fails.
87-11
ISSUE 5: Definition of position as Councilmember as full- S time or part-time.
Positions:
None
: De a gour Chare it one a on tor pastime. None
Recommendation:
• No change to Charter.
Vote: 13 - Unanimous
000547
Article Section Title Issues Substantive/
Non-
Substantive
Changes
IV 402 Wards Established ISSUE 1: Increase number of wards.
Positions:
• No change to current seven ward system. None
• Increase number of wards. Major
Recommendation:
• No change to current seven ward system.
Vote: 13 - Unanimous
ISSUE 2: Change "Ward" to "District". NS
87-12
Positions:
• No change to current name. None
• Change "Ward" to "District". None
Recommendation:
• No change to current name.
Vote: 11 affirmative
2 negative
000548
Article Section Title Issues Substantive/ hacal
Non- Impact
Substantive
Changes
IV 403 Compensation ISSUE 1: Cound fembers and i compensation for 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:
87-13
In January of every odd-numbered year, the Council
shall review the compensation including salary and
benefits, of the Mayor and members of the City Council.
Thereafter, the City Council may increase the
compensation of the Mayor and/or the members of the
City Council in an amount not to exceed 5 percent.
Vote: 15 Affirmative
0 Negative
000549
Article Section Issues Substantive/ Postal
Non- Impact
Substantive
Changes
405 Duties of Mayor; ISSUE 1: Voting power of Mayor.
mayor pro tempore; Positions:
• No change to current system which gives Mayor a tie- None council tie - mayor's breaking vote and power to veto any formal action of City Council.
Mayor would be eighth voting member and the veto None
power would be eliminated; 5 votes required for action to pass.
Recommendation:
Mayor would be eighth voting member and the veto
power would be eliminated; 5 votes required for action to Vote: 4 Affirmative
87-14 12 Negative
Recommendation fails.
ISSUE 2: Mayor's appointive authority for Council
standing committees.
Positions:
No change to current system of council self-appointment None to standing committees.
Mayor appoints members of standing committees. None
Mayor appoints the Chairperson to all standing None
committees.
Recommendation:
• Mayor appoints the Chairperson to all standing
committees.
Vote: 11 - Affirmative
5 - Negative
000550
Article Section Title Issues Substantive/
Non- Impact
Substantive
Changes
408 Meetings ISSUE 1: Expand the Charter to include meetings of Mayoral appointed bodies and ad hoc council
committees to the list of public meetings.
Positions:
• No change to Charter. None
• Add Mayoral appointed ad hoc Council committees to Minor the list of public meetings.
Recommendation:
• Add Mayoral appointed and ad hoc Council committees
to the list of public meetings.
Vote: 13 - 0 Unanimous
87-15
ISSUE 2: Audio record and preserve for two years closed session meetings of the City Council.
Positions:
• No change to Charter. None
• Audio record all closed session meetings of the City Minor Council and preserve recordings for 2 years.
Recommendation:
• Audio record all closed session meetings of the City
Council and preserve recordings for 2 years.
Vote: 13 - Affirmative
1 - Negative
-10 000551
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
411 Same-Citizen ISSUE 1: Increase citizen participation in public meetings.
Participation
Positions:
• No change to Charter. None
• Amend Section 411 to include ad hoc committees. Minor Recommendation:
• Amend Section 411 to include ad hoe committees to the list of public meetings.
87-16 Vote: 13 - 0 Unanimous
-11
000552
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VIII 810 Mayor and Council ISSUE 1: Role of Mayor and City Council Salary Members salary Commission.
Commission Positions:
No change to current role of Commission. None
Minor/Positive
Minor
Recommendation:
• Eliminate the Mayor and Council Members Salary
Commission
87-24
Vote: 13 affirmative
I negative
810 Community Police ISSUE 2: Add the Community Police Review Commission Review Commission as a Charter commission.
Positions:
None
: Noche Coro Chity Police Revier Commission. None
Recommendation:
• Add the Community Police Review Commission.
Vote: 13 Affirmative
2 Negative
1 Abstention (Leach)
-19
000553
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
IX 900 Personnel Merit No proposed changes. N/A N/A
System
87-25
799000
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
1000 Retirement No proposed changes. N/A N/A
87-26
999000
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
1108 General Obligation ISSUE 1: Authorize mail-ballot elections.
Bonded Debt Limit; Positions:
vote required for • No change to current election system. None issuing general
obligation bonds; • Grant City Council authority to adopt an ordinance None issuance of revenue authorizing mail-ballot elections.
bonds, notes and other
evidence of Recommendation:
indebtedness • Grant City Council authority to adopt an ordinance authorizing mail-ballot elections.
Vote: 14 - Unanimous
ISSUE 2: Add alternative provision to sell bonds through negotiated private sale.
87-27
Positions:
• No change to current procedures. None
• Grant City 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 Do by negotiated privato sale 17 - Unanimous
-22
000556
) Article Section Title Issues Substantive/ impade
Non-
Substantive
Changes
1109 Public Works ISSUE 1: Local preference for public works construction 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
2 negative
2 abstention
ISSUE 2: Public works contracts-flexibility for alternative 87-28 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
L99000
) Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
1110 Cash Management ISSUE 1: Typographical error. NS
Positions:
: No ange to the rent racisters in the second None
None
sentence.
Recommendation:
• Shrege "Transfer to "Transfers" in the second
87-29 Vote: 14 - Unanimous
000558
) Artice Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
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» and "C" should be changed to (b) and (c).
Vote: 14 - Unanimous
87-30
000559
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".
Recommendation:
• In the second sentence change "audit and report" to
"audit report".
Vote: 14 - Unanimous
87-31 ISSUE 2: Independent Auditor
: Co ange je to dependent auditor at least every 3 years. None Minor
• Change the independent auditor at least every 5 years. Minor Recommendation:
• Change the independent auditor at least every 5 years.
Vote: 14-0 Unanimous
000560
) Article Section Title Issues Substantive/ 1...
Non- Impact
Substantive
Changes
1114 Appropriations: ISSUE 1: Authorize design-build projects. N/A N/A transfer of funds
Positions:
• Contrange to current system of avarding public works None Authorize design-build procurement for public works Major/ projects as appropriate. Positive
Recommendation:
Authorize design-build procurement for public works
projects as appropriate.
87-32 Vote: 15 Affirmative
1 Negative
000561
RIVERSIDE CITY CHARTER
ARTICLE III. FORM OF GOVERNMENT.
Sec. 300. Designated.
The municipal government established by this Charter shall be known as the "Council-manager" form 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, sever 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 serve for a term of four years and until their respective successors qualify. The terms of all officials, so elected, 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 (c) If in an election for a member of the City Council for any ward, or for the office of Mayor, no candidate receives a majority of the total votes cast for the office, the City Council shall immediately upon the determination of that fact, call a special election to be held on the tenth Tuesday following the general municipal election. The two candidates receiving the highest number of votes for the office in the general municipal election shall be declared the candidates for the special election. (d) Officials elected at the general municipal election shall take office on the second Tuesday following completion of the canvass, but in no event later than the fifth Tuesday following the general municipal election. Officials elected at any other election shall take office on the second Tuesday following completion of the canvass, but in re eve quater atons or cardates and electors and the procedure governing general municipal elections shall apply to any special election called pursuant to this section and the notice of election shall be published at least thirty days prior to the date of such special election. (Effective 1/6/2003 and 12/27/1995) Sec, 401. Eligibility to hold the office; member of the City Council; Mayor. (a) A person is not eligible to hold the office of a member of the City Council of he City of Riverside unless such person is a qualified elector within the territor comprising the ward by which such person is elected or for which such person is appointed at the time of such election or appointment and continues to be a qualified elector of said ward.
If the residence of any member of the City Council is changed to a place outside the boundaries of the ward from which such member was elected or for which such member was appointed, the office of such member shall become vacant. The existence 87-40
000562
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
IV 413 Adoption of ISSUE 1: Mayor's veto power.
ordinances and
resolutions Positions:
• See section 405.
87-17
-12
000563
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
500 Elections ISSUE 1: Schedule of elections.
Positions:
• See Section 400.
ISSUE 2: Campaign contribution limits.
Positions:
• No change to Charter. None
87-18 • Amend Charter to impose campaign contribution limits. None Recommendation:
• Campaign contribution limit of $500 per person or
group for candidate for elective office in any election cycle.
Vote: 5 Affirmative
11 Negative
Recommendation fails.
-13
000564
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VI 601 City Manager's ISSUE 1: Appointment, removal and suspension of Powers and Duties Department Heads.
Positions:
• No Change to City Manager's current authority to None appoint, remove or suspend Department Heads.
Appointment, removal and suspension of Department None
Heads subject to approval of the City Council.
Recommendation:
• No change to City Manger's current authority to
87-19 appoint, remove or suspend Department Heads.
Vote: 14-0 Unanimous
-14
000565
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VII 703 Powers and duties of • ISSUE 1: Amend Section 703 of the Charter to reflect NS City Clerk. 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
California."
Recommendation:
87-20 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 - 0 Unanimous
-15 000566
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VIlI 802 Board and ISSUE 1: Appointment of members of Boards Commissions and Commissions.
Positions:
• No change to current system of Mayor and City Council None jointly appointing.
Members appointed by Mayor. None
Recommendation:
• No change to current system of Mayor and City Council jointly appointing.
Vote: 16-0 Unanimous
87-21 ISSUE 2: Ward representation on each Board and
Commission.
Positions:
• No change to current system of appointment None
(representation by ward Not assured).
• Each Councilmember Nominates a member from his/her None Ward.
• Every board and commission shall have a representative None from each Council Ward.
Recommendation:
• Every Board and Commission shall have a representative from each Council Ward.
Vote: 12 affirmative
4 negative
-16
000567
) Article Section Title Issues Substantive/
Non- Impact
Substantive
Changes
VIII 802 Board and Commissions ISSUE 3: Increase or reduce number of Boards and Commissions specificall idemited in the
Positions:
No change to the number of Boards and Commissions None
specifically identified in the Charter.
• Increase or reduce the number of Boards and Commissions None specifically identified in the Charter.
Amend the Charter to specifically name all current boards and None commissions.
Recommendation:
Amend the Charter to specifically name all current boards and commissions.
Vote: 8 Affirmative
8 Negative
Recommendation fails.
87-22 ISSUE 4: Increase youth involvement in City Government.
Positions:
• No change to Charter. None
• Specifically create a Youth Commission in the Charter. None Modify the Charter to permit the appointment of youth to all None Boards and Commissions.
Recommendation:
Modify the Charter to permit the appointment of youth to all Boards and Commissions.
Vote: 12 affirmative
2 negative
ISSUE 5: Grant Charter Boards and Commissions more
authority.
Positions:
No change to current authority provided to the Charter Boards None and Commissions.
Grant the Charter Boards and Commissions more authority. Undetermined Recommendation:
No change to current authority provided to Charter Boards and Co missinanimous
-17
000568
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
VIlI 809 Park and Recreation ISSUE 1: Advisory Role of Park and Recreation Commission Commission.
Positions:
• No change to current advisory role of Park and None
Recreation Commission.
• Delegate certain final decision making authority to Park Undetermined and Recreation Commission with right to appeal
decision to City Council.
87-23
Recommendation:
• No change to current advisory role of Park &
Recreation Commissions.
Vote: 16-0 Unanimous
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of the vacancy shall be declared and filled as provided by Section 404 of this Charter. (b) A person is not eligible to hold the office of Mayor unless such person is a qualified elector of the City at the time of such election or appointment and continues to be a qualified elector of the City.
If the residence of the Mayor changes to a place outside the boundaries of the City, the office of the Mayor shall become vacant. The existence of the vacancy shall be declared and filled as provided by Section 404 of this Charter.
Sec. 402. Wards established.
The City of Riverside is hereby and by ordinance shall be divided into seven wards, designated as first ward, second ward, third ward, fourth ward, fith ward, sixth ward, and seventh ward
The boundaries of wards shall be reviewed at least every ten years upon the ompletion of the federal decennial census or more frequently as may be determine lecessary upon receipt of official census data; and the boundaries of such wards shal be adjusted by the City Council as necessary to provide for substantially equal numbers of residents in each ward. Such boundary adjustment during a Councilmember's term shall not result in disqualification for membership on the Council during such term.
Sec. 403. Compensation.
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 compensation including salary and benefits, of the Mayor and members of the City Council, and shall establish any increase in compensation of the Mayor and/or the members of the City Council. No increase in salary shall exceed 5 percent of their then-existing salary. Compensation shall Each member shall receive as compensation such amount as may be fixed by ordinance, adopted by not fewer than flve affirmative votes of the City Council, after a noticed, public hearing, notice of which has been given by publication at least fourteen days prior to such hearing.
The Mayor shall receive compensation for services in such amount and at such stated times as shall be prescribed by ordinance.
Five affirmative votes of the City Couneil are necessary to establish a level of compensation for the City Council and the Mayor:
Once a level of compensation for City Council members and the Mayor is established, such level will not be permitted to change automatically by linking such compensation to internal or external factors. an external factor, every change in such compensation must be approved by five affirmative votes of the City Council.
Sec. 404. Vacancies.
"A vacancy in an elective office, from whatever cause arising, except in the event of a successful recall, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term.
If a member of the City Council or the Mayor is absent from three consecutive regular meetings of the City Council, unless by permission of the City Council 7 87-41
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expressed in its official minutes, or is convicted of a crime involving moral turpitude, the office of such person shall become vacant.
The City Council shall declare the existence of any vacancy. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall have been so declared vacant, it shall cause an election to be held forthwith to fill such vacancy.
Sec. 405. Duties of Mayor; mayor pro tempore; council tie--mayor's vote.
The Mayor shall be the presiding officer at all meetings of the City Council and shall have a voice in all its proceedings but shall not vote except to break a City Council tie-vote which exists for any cause. The Mayor shall be the official head of the sis or any cause, The Maya City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and of informing the people of any major change in policy or program.
The Mayor shall advise the City Council on all matters of policy and public relations and perform such other duties as may be prescribed by this Charter. The Mayor shall appoint the chairperson to all City Council standing committees. 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 present the Mayor's programs, objectives and priorities.
The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pléasure of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall assume the duties of the Mayor. The 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 Tempore shall not have the power to veto acts of the City Council:
Notwithstanding any other provisions of this Charter, when a tie-vote exists for any cause, in order to break that tie, the Mayor shall have the same voting right as a member of the City Council for or against the item before the City Council.
Mayor's vote shall be deemed a City Council member's vote for all purposes, including the introduction or adoption of both ordinances and resolutions. (Effective 12/27/1995 and 12/11/1986) *
Sec. 406. City powers vested in Council; exceptions.
All powers of the City shall be vested in the City Council except as otherwise provided in this Charter
Sec. 407. Interference in administrative service.
Manager, either publicly or privately. (Effective 12/27/1995) Sec. 408. Meetings.
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The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day.
Special meetings may be called in accordance with State law.
Meetings of City Council-appointed and Mayoral appointed standing and ad hoc Council committees, regardless of the number of City Council members who might be on such committees, shall be open to the public and the time and place of such meetings shall be publicly announced at the City Council meetings prior to such committee meetings.
All meetings of the City Council conducted in closed session under the Ralph M. Brown Act (California Government Code sections 54950 et. seg.) shall be audio recorded. The recording shall be confidential and shall be available for inspection only as permitted by state law.. The recording shall be retained Sec. 409. Same--Location.
All meetings shall be held in the Council chambers in 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 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 majority 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 adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour.
Notice of a meeting adjourned by less than a quorum or by the clerk shall be given in the manner provided by State law.
Sec. 411. Same-Citizen participation.
::Each citizen shall have the right, personally or through counsel, to present comments at any regular meeting of the Council, or a Council standing or ad hoc committee, or offer suggestions with respect to municipal affairs.
Seç. 412. Powers of Council and Mayor; additional.
The City Council shall judge the qualifications of its members as set forth by he Charter. + It shall judge all election returns. It may establish, and uniformly apply rules for the conduct of its proceedings and evict any member or other person for disorderly conduct at any of its meetings.
The Mayor and each member of the City Council shall have the power to evidence before it. Subpoenas shall be issued in the name of the City and be attested 9 87-43
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by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.
All votes of the City Council shall be by recorded call vote and entered in the minutes of the meeting.
Sec. 413. Adoption of ordinances and resolutions.
With the sole exception of ordinances which take elect upon adoption, reterred to in this Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless after the consent of the counci men ers present in the enter any ordere alred after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.
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 satety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least 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 override the veto as herein provided, such ordinance, resolution or action shall be deemed neither approved nor adopted. The Mayor shall, no more than twenty days following the veto, provide to Council members, in writing, reasons for the Mayor's veto. If the Mayor fails to provide a written veto message within the time allotted, the original action of the Council shall stand. At any regular or adjourned meeting held not less than thirty days, nor more than sixty days after veto the City Council shall reconsider such ordinance, resolution or action and vote on the question of overriding the veto. Five affirmative votes shall be required for its adoption or approval.. The Mayor shall have no right to veto the veto override of any ordinance, resolution or action.
All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. (Effective 12/27/1995)
Sec. 414; Publication of ordinances.
The City Clerk shall cause to be published at least once in a newspaper of general circulation within fifteen days after its adoption the number, a title, a brief synopsis of the content of each ordinance and the Statement that a full copy of the ordinance is available in the office of the City Clerk.
Sec. 415. Codification of ordinances; adoption by reference.
Any or all ordinances of the City which have been enacted and published in the 10 87-44
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manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged in a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified in a separate action from their adoption shall be repealed as of the effective date of their inclusion in the code.
Amendments to the code shall be enacted in the same manner as ordinances.
Detailed regulations pertaining to the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. Maps, charts and diagrams also may be adopted by reference in the same manner.
Sec. 416. Effective date of ordinances.
No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take elect upon adoption:
(a) An ordinance calling or otherwise relating 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.
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 six months, or both such fine and imprisonment.
Sec. 418. Contracts-Restriction on duration.
lease or extension thereof for a longer period than shall be provided by the laws of the State of California with respect to general law cities unless said contract, lease or extension be approved by a majority of the qualified electors of the City voting on such question at any election. A contract, lease or extension for a longer period shall be valid without such approval if it provides for the right of acquisition by the City at the end of such period of the real or personal property leased or contracted for. This section shall not apply to airports or to any franchise granted pursuant to the provisions of this Charter or to any contract for the furnishing, or acquisition of the products, commodity or services of any public utility.
Sec. 419. Same--Execution.
The City shall not be bound by any contract except as hereinafter provided unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council.
By ordinance or resolution the City Council may authorize the City Manager to 11 87-45
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bind the City, with or without written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items, if included within the budget approved by the City Council, and may impose a monetary limit upon such authority.
The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto.
Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department of public utilities upon forms approved by the City Manager and at rates fixed as in this Charter provided.
The provisions of this section shall not apply to services rendered by any person in the employ of the City at a regular salary.
ARTICLE V. ELECTIONS.
Sec. 500. General municipal elections.
General municipal elections for the election of officers and for such other purposes 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) Sec. 502. 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. 503. Initiative, referendum and recall.
There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers shall apply to the use thereof in the City so far as such provisions of the Election Code are not in conflict with the provisions of this Charter. (Effective 12/27/1995) ARTICLE VI. CITY MANAGER
Sec. 600. Creation of office; appointment; tenure; eligibility of elective officers.
There/shall be a City Manager who shall be the chief administrative officer of the City. The process for the selection of a City Manager shall be determined by the City Council. It shall appoint, by a majority vote, the available person that it believes to be best qualified on the basis of executive and administrative qualifications, with special reference to experience in, and knowledge of, accepted practice in respect to the duties of the offices as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council.
No person shall be eligible to receive appointment as City Manager while serving as Mayor or as a member of the City Council nor within one year after ceasing to hold 12 87-46
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such office. (Effective 12/27/1995)
Sec. 601. Powers and duties.
dministration of all affairs of the City
appointment (but not the suspension or removal) of the public utilities director shall be subject to the approval of the board of public utilities. The City Manager may approve or disapprove all proposed appointments and removals of subordinate employees by department heads or otticers, and such appointments and removals by department 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 affirm, overrule or modify a final administrative 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:
(a) Prepare the budget arinually, submit such budget to the City Council and be responsible for its administration 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 unances and administrative activities of the City for such fiscal year.
(d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable to the City Manager. (e) Prepare rules and regulations governing the contracting for, procuring purchasing, storing, distribution, or disposal of all supplies, materials and équipment required by any office, 'department or agency of the City government and recommend (f) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced.
-(g) Perform such other duties consistent with this Charter as may be required of the City Manager by the City Council. (Effective 12/27/ 1995) Sec. 602. Participation in meetings of Council, boards and commissions.
The City Manager shall be accorded a seat at the City Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. (Effective 12/27/1995) - Sec. 603. Manager pro tempore.
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The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as manager pro tempore during any temporary absence or disability of the City Manager. (Effective 12/27/1995)
ARTICLE VII. OFFICERS AND EMPLOYEES GENERALLY
Sec. 700. Appointment of City Attorney and City Clerk by Council, tenure.
In addition to the City Manager, there shall be a City Attorney and a City Clerk who shall be appointed by and serve at the pleasure of the City Council. Effective 12/27/1995)
Sec. 701. Organization of City operations and activities.
The City Council shall, by ordinance, provide for the organization of all City operations and activities into functional units and may modify and change the organization from time to time. This organization shall be accomplished through the creation and establishment, by ordinance, of City departments, offices and agencies, boards, commissions and committees. In establishing departments, offices, agencies, boards, commissions 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, commission 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 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, qualifications, powers, duties and compensation of all officers and employees. (Effective 12/27/1995)
Sec. 702. Eligiblity, powers and duties of City Attorney.
To become eligible for City Attorney, the person appointed shall be an attorney- at-law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five years prior to appointment.
The City Attorney shall have power and may be required to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices.
(b) Represent and appear for the City in any or all actions or proceedings in hich the City is concerned or is a party, and represent and appear for any City office r employee, or former City officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party for any act arising out of such officer's or employee's employment or by reason of such officer's or employee's official capacity.
(c) Attend all regular meetings of the City Council and give advice or opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City.
(d) Approve the form of all contracts made by and all bonds given to the City, endorsing the City Attorney's approval thereon in writing. (e) Prepare any and all proposed ordinances or resolutions for the City and 14 87-48
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amendments thereto.
(1) Surrender to the City Attorney's successor all books, papers, files and documents pertaining to the City's aflairs.
The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. (Effective 12/27/1995 and 12/11/1986) Sec. 703. Powers and duties of City Clerk.
The City Clerk shall have power and be required to:
(a) Be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose and attend all meetings of the City Council either in person or by deputy.
ordina Maintain separate bothe centric othe der ored to each terall each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use.
(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds.
(d) Be the custodian of the seal of the City.
(e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (i) Have charge of all City elections. (Dilective 12/27/1995) (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.
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 moneys and have Sec. 705. Treasurer.
There shall be a treasurer appointed by the City Manager with the approval of the City Council who shall have power and shall be required to:
(a) Receive all taxes, assessments, license fees and other revenues of the City, or 15 87-49
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for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or federal government, or from any court, or from any office, department or agency of the City. (b) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into the treasurer's hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State constitution and laws of the State governing the handling, depositing and securing of public funds.
(c) Disburse moneys on demands audited in the manner provided for in this Charter.
(d) Prepare and submit to the City Council monthly written reports on the cash and investments held by the City and all of its City departments, offices and agencies. (Effective 12/27/1995 and 12/11/1986)
Sec. 706. Administering oaths.
Each department head and the deputies thereof shall have the power to administer oaths and affirmations in connection with any official business pertaining to such department.
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)
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 salaried position under the City government any person who is a relative by blood or marriage within the third degree of the Mayor or any one or more of the members of the City Council; nor shall any department head or other officer having appointive power appoint to a salaried position under City government any person who is his/her relative by blood or marriage within the third degree.
father, brelative sithin thra third de re is defined as as puse, on, danghter, ghat. grandchild, or great-grandparent. Half-relatives, step-relatives and in-laws are included as relatives. (Effective 12/27/1995)
ARTICLE VIII. APPOINTIVE BOARDS AND COMMISSIONS
Sec. 800. In general.
There shall be the following enumerated boards and commissions which shall have the powers and duties herein stated, and such additional powers and duties, consistent with the provisions of this Charter, as may be granted to them by ordinance 16 87-50
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of the City Council.
In addition, the City Council may create by ordinance such additional advisory oards or commissions as in its judgment are required, and may grant to them suck bowers and duties as are consistent with the provisions of this Charter The City Council shall establish by ordinance, the number of members, not less than seven, for each board or commission. (Effective 12/27/1995) Sec. 801. Appropriations.
The City Councl shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of (2ST0
such boards and commissions. (Effective 12/27/1995)
The members of each such board or commission shall serve at the pleasure of the Mayor and City Council and shall be nominated and appointed by the Mayor and City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. Each such board or commission shall have at least one member from each Council Ward. They shall be subject to removal by the Mayor and City Council by a motion adopted by five affirmative votes with the Mayor entitled to vote. The members thereof shall serve, for a term of four years and until their respective successors are appointed and qualified, and may serve for not more than two consecutive full terms.
commissions if they would otherwise qualify as an elector under the Elections Code of the State of California. Minors appointed to a youth commission or other boards or commissions shall serve a term of one year and may serve for not more than two consecutive terms.
Except for minors appointed to a youth commission, a minor appointed to a board or commission shall serve as a preferential voting member of the board or commission but shall not be counted against the number of members established by ordinance of the City Council for each board or commission. The minor shall be seated with the members of the board or commission and shall be recognized as a full member of the board or commission at the meetings, including receiving all materials presented to the board or commission and participating in the discussion of issues. Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast prior to the official vote of the board or commission. The non-voting or preferential voting member shall not be included in determining the vote required to carry any measure before the board or commission or affect the action taken by the board or commission.
Each minor member shall have the right to attend each and all meetings of the board or commission, except closed sessions. No preferential vote will be solicited on matters subject to closed session discussion.
Sec. 803. Terms of members of existing enumerated boards and commissions.
Upon the effective date of this Charter, incumbent members of boards and commissions shall be deemed reappointed and shall maintain the same terms of appointment held under the previous Charter, and all existing boards and 17 87-51
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commissions shall remain in existence until further action by the City Council consistent with this Article.
All vacancies shall be filled as described in this Article except that when a position on a board or commission has remained vacant for sixty days the Mayor shall appoint a person to fill the vacancy.
The City Counci shall provide by ordinance, as provided by Section 800, to I sval provide board or co amission establish the number of members of a board or commission as soon as practicable following the effective date of this Charter. If the number of members is reduced by such ordinance, the persons whose seats are to be eliminated shall be determined by the board or commission by lot. If the number of members is increased, the ordinance may provide for initial terms for new members of less than four years so that as near as possible an equal number of terms will expire each year. (Effective 12/27/1995) Sec. 804. Organization; meetings; subpoena power.
At the first meeting of each board or commission after the last day in February of each year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission.
Each board or commission shall hold regular meetings at least once each month and such special meetings as such board or commission may require. All proceedings shall be open to the public, except as provided by State law.
Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. board or commission may prescribe its own rules and regulations which shall be consistent 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) Sec. 805. Compensation; vacancies.
The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council.
Any vacancies in 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 leaving an unexpired portion of a term, any appointment to fill such a vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself/herself from three consecutive regülar meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime of moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council. If a position on an enumerated board or commission has remained vacant for sixty days, the Mayor shall appoint a person to fill the vacancy in accordance with Section 803. (Effective 12/27 / 1995) Sec. 806. Planning commission.
There shall be a planning commission which shall have the power and duty to:
(a) After a public hearing thereon, recommend to the City Council the adoption, 18 87-52
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amendment or repeal of the General Plan, or any part thereof, for the physical development of the City.
(b) Exercise such control over land subdivisions as is granted to it by the City Council.
(c) Make recommendations concerning proposed infrastructure improvements and redevelopment activities in support of planned land uses. (d) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance, not inconsistent with the provisions of this Charter. (e) Review all other land use issues as may be prescribed by ordinance, not inconsistent with the provisions of this Charter.
The City engineer, City Attorney, and planning director or their assistants, may meet with and participate in the discussions of the planning commission but shall not have a vote. (Effective 12/27/ 1995)
Sec. 807. Human resources board..Composition.
There shall be a human resources board, which shall have the power and duty to:
(a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of personnel rules and regulations. (b) Act in an advisory capacity to the City Council on matters concerning personnel administration. (Effective 12/27/ 1995)*
Sec. 808. Board of library trustees.
There 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 the City Manager.
(d) Pürchase, and acquire books, journals, maps, publications 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. purpose, subtracto the schoola, of the Coy oner governmental agencies to render or services or facilities, subject to the approval of the City Council.
Sec. 809. Park and recreation commission.
There shall be a park and recreation commission which shall have the power and duty to:
(a) Act in an advisory capacity to the City Council in all matters pertaining to arks, recreation, parkways and street trees
(b) Consider the annual budget for parks, recreation, parkways and street tre purposes during the process of its preparation and make recommendations with 19 87-53
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Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
XII 1202 Same-Powers and Duties ISSUE 1: Authority of the Board of Public Utilities to award contracts without City Council
approval.
Positions:
• No change to the current procedure of seeking City Council None approval for all contracts over $25,000.
• Authorize Board to award contracts over $50,000 within the Minor 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
2 no
87-33 ISSUE 2: Required approvals for customer-requested work.
Positions:
No changes to the current procedure of requiring customer- None requested work over $25,000 be approved by Board and City Council.
Under subsection (b), customer-requested work provided Minor under the rules adopted by the Board and Council be exempt from approval requirements.
Under subsection (b), customer-requested work provided
under the rules adopted by the Board and Council be exempt from approval requirements.
000583
Article Section Title Issues Substantive/ Fiscal
Non- Impact
Substantive
Changes
XII 1202 Same-Powers and ISSUE 3: Authority of the Public Utilities Director to enter Duties polong term contracts to provide water and
Positions:
• No change to current procedure of seeking Board and None Council approval of all long-term contracts to provide
water and power.
Provide Utilities Director with full authority to execute Minor long-term contracts to provide water, electric and other utility services, to individual customers in accordance with Board/Council approved rates.
Recommendation:
87-34 • Authorize Public Utilities Director to execute long-term contracts to provide water, electric and other utility
services, to individual customers in accordance with
Board/Council approved rates.
Vote: 12 affirmative
2 negative
03-1193
O:1Cycom\WPDocsL2017/P002100030338.WPD
-29
789000
RIVERSIDE CITY CHARTER
THE CHARTER
- of the
CITY OF RIVERSIDE
PREAMBLE
harmony and cohesion, and opportunities for all governed by 'esponsible and responsive public officials who promote citizer participation, as well as just and equitable tax and financial policies; and these beliefs are rooted in our desire to enhance We, the people of the City of Riverside, to obtain and retain for ourselves the benefits of local government, do hereby exercise the express right granted by the Constitution and statutes of the State of California and enact this Charter for the City of Riverside.
ARTICLE I. INCORPORATION AND SUCCESSION.
§100. Name and boundaries.
§101. Succession to rights and liabilities.
§102. Continuance of ordinances, rules and regulations. §103. Continuance of present officers and employees.
§104. Effective date of Charter.
ARTICLE II. GENERAL POWERS OF CITY.
8200. Generally.
§201. Access to public meetings and public records.
§202. Adoption of Ethics Code
ARTICLE IT. FORM OF GOVERNMENT.
§300. Designated.
ARTICLE IV. CITY COUNCIL AND MAYOR.
5401: Enumerated; number, term and manner of election; wards.
Eligibility to hold the office; member of the City Council; Mayor. §402.
§403.
8404.
§405. Duties of Mayor; Mayor Pro Tempore; Council tie--Mayor's vote. 8406. City powers vested in Council; exceptions.
§407. Interference in administrative service.
§408. Meetings.
'Bold and Italics denote additions.
Deletions shown in strike out.
1 87-35
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RIVERSIDE CITY CHARTER
8409. Same--Location.
§410. Same--Quorum; proceedings.
§411. Same--Citizen participation.
§412. Powers of Council and Mayor; additional.
§413. Adoption of ordinances and resolutions.
§414. Publication of ordinances.
§415. Codification of ordinances; adoption by reference. 8416. Effective date of ordinances.
§417. Violation of ordinances and penalty therefor.
8418. Contracts--Restriction on duration.
8419. Same--Execution.
ARTICLE V. ELECTIONS.
§500. General municipal elections
§501. Special municipal elections
§502. Compliance with State law.
§503. Initiative, referendum and recall.
ARTICLE VI. CITY MANAGER
§600. Creation of office; appointment; tenure; eligibility of elective officers. §601. Powers and duties.
§602. Participation in meetings of Council, boards and commissions. §603. Manager pro tempore.
ARTICLE VII. OFFICERS AND EMPLOYEES GENERALLY.
§700. Appointment of City Attorney and City Clerk by Council; tenure. §701. Organization of City operations and activities.
§702. Eligibility, powers and duties of City Attorney.
§703. Powers and duties of City Clerk.
§704. Controller.
8705. Treasurer.
§706. Administering oaths.
§707. Appointive powers of department heads.
§708. Acceptance of another office by elective officer. §709. Nepotism.
ARTICLE VIII. APPOINTIVE BOARDS AND COMMISSIONS.
§800. In general.
$801. Appropriations.
§802 Appointments; terms.
8803. Terms of members of existing enumerated boards and commissions. 8804 Organization; meetings; subpoena power.
8805 Compensation; vacancies.
§806: Planning commission.
§807. Human resources board--Composition.
§808. Board of library trustees.
§809. Park and recreation commission.
§810. Mayor and Council members satary commission.
§810. Community police revlew commission
2 87-36
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RIVERSIDE CITY CHARTER
ARTICLE IX. PERSONNEL MERIT SYSTEM.
8900. Generally.
ARTICLE X. RETIREMENT.
§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--Public hearing.
§1103. Same--Further consideration, revision and adoption, availability to departments, etc.
§1104. Same--Appropriations; transfer of funds.
§1105. Centralized purchasing.
§1106. Tax limits; special levy for library purposes
§1107. Procedure for assessment, levy and collection of taxes. §1108. General obligation bonded debt limit; vote required for issuing general obligation bonds; issuance of revenue bonds, notes and other evidence of indebtedness.
§1109. Public works contracts.
§1110. Cash management.
§1111. Capital projects funds.
§1112. Registering warrants.
§1113. Independent audit.
§1114 Use of design-build procurement for public works projects.
ARTICLE XII. DEPARTMENT OF PUBLIC UTILITIES.
§1200. Created; management and control.
§1201. Board of public utilities--Composition, applicability of Article VIII of Charter. §1202. Same--Powers and duties.
§1203. Purchases and expenditures generally; exemption from centralized purchasing system.
§1204. Use of revenue.
§1205. Sale of public utility.
ARTICLE XIII. FRANCHISES.
§1300. Requiring; granting generally; applicability to City-owned utility §1301. lesolution of intention to grant; notice and public hearing 81302. Term of franchise.
§1303. Eminent domain.
ARTICLE XIV. MISCELLANEOUS.
§1400. Definitions.
§1401. Violations and penalty.
§1402. Severability.
§1403. Charter review committee.
§1404. Charter, amending.
§1405. Pending actions.
87-37
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RIVERSIDE CITY CHARTER
Editor's Note: The City Charter was (1) created in 1907; (2) amended in 1929, 1934, and 1949; (3) republished in its entirety in • 1953; included in this Charter reflects amendments pertaining to ARTICLE I. INCORPORATION AND SUCCESSION.
Sec. 100. Name and boundaries.
The City of Riverside, hereinafter termed the City, shall continue to be a municipal corporation under its present name of "City of Riverside." The boundaries of the City shall be the boundaries as established at the time this Charter takes effect or as such boundaries may be charged thereafter in the manner authorized by law.
Sec. 101. Succession to rights and liabilities.
The City of Riverside shall continue to own, possess and control all rights anc property of every kind and nature owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all its debts, obligations, liabilities and Sec. 102. Continuance of ordinances, rules and regulations.
All lawful comprehensive codes, ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority.
Sec. 103. Continuance of present officers and employees.
The occupants of offices provided for in this Charter and employees, at the time this Charter takes effect, shall continue to perform the duties of their respective offices and employments without interruption and for the same compensations and under the same conditions until the appointment or election, and qualification, of their successors, but subject to the provisions of this Charter.
Sec. 104. Effective date of Charter.
This Charter shall take effect upon its acceptance and filing by the Secretary of State.
Editor's Note: The Charter was filed with the Secretary of State on January 6, 2003.
Under present law, January 6, 2003, is therefore the effective date.
ARTICLE II. POWERS OF CITY.
Sec. 200. Generally.
The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which 4 87-38
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RIVERSIDE CITY CHARTER
municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions.
Sec. 201. Access to public meetings and public records. those decostons were reached and thou have were deliberated. tha me but hot. they have created. The people do not give their agencies or public servants the them to know.
Our values lie in a government that helps its citizens in a timely way to obtain information. Our values lie in a broadening base of public participation, involvement and interest, providing new ideas and energy.
Our values lie not in hiding embarrassment and unpleasant occurrences. Our values lie not in preventing dissent.
To carry out the purposes set forth in this section, the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.) and the Public Records Act (California Government Code sectiön 6250 et seq.) shall apply to the Clty Councll, and any commission, committee, board or other body created by Charter, ordinance, resolution or formal action of the City Council, or the Mayor.
Special circumstances dictate that there must be exceptions to access. But those exceptions should be narrowly drawn and narrowly exercised. Public employees must be protected from unwarranted invasions of privacy while the public's right to fundamental information must be protected. Citizen right to privacy must be protected with the knowledge that involvement in government matters necessarily reduces an expectation of privacy.
In general, the value of access should be given a strong presumption of public benefit.
Sec. 202. Adoption of ethics code.
The City of Riverside shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation. The City Council shall adopt the Code of Ethics and Conduct by ordinance or resolution within six months of the effective date of this Charter section.
5 87-39
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RIVERSIDE CITY CHARTER
respect thereto to the City Council and the City Manager. (c) Assist in the planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.
(d) Establish policies for the acquisition, development and improvement of parks and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. (Effective 12/27/1995)
Sec. 810. Mayor and Council members salary commission
There shall be a Mayor and Council members satary commission which shatt have the power and duty to:
(b) The commission shall consist of seven members composed, if practicable, of one business executive, one representative of a nonpartisan voter organization, one person experienced in public administration, one representative of a tabor organization, one representative of an educational institute, and two other appointees:
(e) No person shall be appointed to this commission while serving as Mayor, a member of the City Council, or employee of the City nor within two years after holding such positions.
(d) The initial term of the members composing the initiat commission shall be determined by the commission by lot so that four members shall serve a full four-year term and three members a two yearterm. (Effective 12/27/1995) Sec. 810. Community police review commission.
There shall be a community police review commission which shall have the power and duty to:
(a) Advise the Mayor and City Council on all police/community relations issues.
(b) Conduct public outreach to educate the community on the purpose of the commission.
(c) Receive, and in its discretion, revlew and investigate citizen complaints against officers of the Riverside Police Department flled within six months of the date of the alleged misconduct in writing with the commission or any other City office as established by ordinance of the City Council. (d) Review and investigate the death of any individual arising out of or in connection with actions of a police officer, regardless of whether a complaint regarding such death has been filed.
(e) Conduct a hearing on filed complaints or commission-initiated investigations when such hearing, in the discretion of the commission, will facilitate the fact finding process.
() Exercise the power of subpoena to require the attendance of witnesses, including persons employed by the City of Riverside, and the production of books and papers pertinent to the investigation and to administer oaths to such witnesses and to take testimony to the extent permissible by law.
Subpoenas shall only be issued by the commission upon the affirmative vote of 20 87-54
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RIVERSIDE CITY CHARTER
(g) Make findings concerning allegations contained in the filed complaint (h) Review and advise the Riverside Police Department in matters pertaining to police policies and practices.
(i) Prepare and submit an annual report to the Mayor and City Council on commission activities.
ARTICLE IX. PERSONNEL MERIT SYSTEM.
Sec. 900. Generally.
The City Council shall by ordinance establish a personnel merit system for the ARTICLE X. RETIREMENT.
Sec. 1000. Authority to continue under State system.
Plenary authority and power are hereby vested in the City, its City Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted, or required under the provisions of the Public Employees' Retirement System, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the Public Employees' Retirement System. The City Council may terminate any contract with the board of administration of the Public Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City, voting on such proposition at an election at which such proposal is presented.) ARTICLE XI. FISCAL ADMINISTRATION.
Sec. 1100 Fiscal year.
The fiscal year of the City government shall be established by ordinance.
Sec. 1101, Budget: Submission to Council; notice of public hearing.
At least thirty-five calendar days prior to the beginning of each fiscal year, the City Manager shall submit to the City Council a proposed budget containing estimates of revenues and expenditures for each City department or office, as appropriate. After reviewing the same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than twenty days prior to said hearing, by at least one insertion in a newspaper of general circulation within the City.
Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk and at every public library in the City at least twenty days prior to said hearing.
Sec. 1102. Same--Public hearing.
At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity.
21 87-55
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RIVERSIDE CITY CHARTER
Sec. 1103. Same--Further consideration, revision and adoption; availability to departments, etc.
After the conclusion of the public hearing, the City Council shall further onsider the proposed budget and make any revisions thereof that it may deer dvisable and on or before the day preceding the start of the fiscal year, it shall ador 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 libraries in the City where they shall be 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, ollices and agencies for the respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, except for appropriations for capital projects which shall continue to the completion of the capital projects unless a different rule has been established by action of the City Council.
At any meeting atter the adoption of the budget, the City Council may amend or supplement tne budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose or to appropriate available funds not included in the budget. (Effective 12/27/1995)
Sec. 1105. Centralized purchasing.
Under the control and direction of the City Manager there shall be established a centralized purchasing system for all City departments and agencies, which system shall be consistent with all other provisions of this Charter.
Sec. 1106. Tax limits; special levy for library purposes. (a) The City Council shall not levy a property tax, for municipal purposes, in excess of one dollar annually on each one hundred dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative votes of two-thirds of the electors voting on a propositio increase such levy at any election at which the question of such additional levy fo municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and,
2. A tax sufficient to meet all obligations of the City to the Public Employees' Retirement System for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year.
(c) A special levy, in addition to the above, may be made annually in an amount - not to exceed twenty cents on each one hundred dollars of the assessed value of 22 87-56
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RIVERSIDE CITY CHARTER
taxable property in the City for library purposes. The proceeds of such special levy shall be used only for the purpose for which it is levied.
Sec. 1108. Genera. obligation bonded debt limit; vote required for issuin eneral obligation bonds; issuance of revenue bonds, notes and other evidence c indebtedness.
(a) The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum öf 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 question is submitted to the electors and unless in full compliance with the provisions of the State Constitution and of this Charter. The City Council may by ordinance determine that the election shall be conducted as a mail-ballot election and prescribe the procedures for conducting the election.
(c) The City Council by procedural ordinance or pursuant to State law, after a public hearing, notice of which has been given by publication at least fifteen days prior to such hearing, may issue revenue bonds, notes or other evidences of indebtedness without an election for any City purpose or purposes, and, any other provisions of this Charter notwithstanding, may make such covenants and exercise such powers as are deemed necessary in connection with the issuance and sale of such revenue bonds, notes or other evidences of indebtedness.
(d) Before issuing general obligation bonds or revenue bonds, notes or other evidences of indebtedness, the City Council shall determine by ordinance or resolution whether such bonds, notes or other evidences of indebtedness shall be sold at public sale by notice inviting bids or by negotlated private sale.
Sec. 1109. Public works contracts.
Every project for the construction and/or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such project, when the total expenditures required for the same exceed $50,000 shall be let by the City Council or by the board of public utillties pursuant to Section 1202(b), by contract to the lowest responsible bidder after notice by publication in a newspaper of general circulation within the City by one or more insertions, the first of which shall be at least ten days before the time for opéning bids. Projects for the maintenance or repair of streets, drains or sewers are excepted from the requirements of this section if the City Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work.
All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City, or such other form of bidder's security as the City Council establishes by ordinance. Such security shall be in an amount not less than that specified in the notice inviting bids or in an amount not less than ten percent of the aggregate amount of the bid. If the successful bidder neglects or 23 87-57
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RIVERSIDE CITY CHARTER
refuses to enter into the contract, within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.
The City Council or board of public utilities pursuant to Section 1202(b) 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 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 of materials may be purchased more economically on the open market, and after the adoption of a proceed to have said work done or said supplies or materials purchased in the manner kewise may be let without advertising for bids if such work or supplies or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least five affirmative votes of the City Council and containing, a declaration of the facts constituting such urgency.
Projects for the construction and/or improvement of any public utility operated by the City or for the purchase of supplies or equipment for any such utility may be excepted from the requirements of this section, provided the so determines by at least five affirmative votes. (Effective 1/6/2003 and 12/27/1995) Sec. 1110. Cash management.
Adequate cash shall be maintained to meet lawful demands of the City.
Fransfer Transfers and loans may be made by the City Council from one fund to another as may be required. (Effective 12/27/1995)
Sec. 1111. Capital projects funds.
(a) Funds for capital projects are hereby created. Capital projects initiated by the City Council which only require approval by the City Council are provided for in subsection B (b), Capital projects initiated by the City Council which also require (b) A City Council approved capital project fund shall remain for the established purpose and the appropriation shall carry over to the completion of the project, as set forth in Section 1104. When a capital project has been completed, the City Council may transfer any unexpended or unencumbered surplus to any fund similarly restricted.
To the extent permitted by law, the City Council may levy and collect taxes for capital projects and may include in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of two- thirds of the electors voting on the proposition at any election at which such question is submitted.
(c) A fund for a voter approved capital project shall remain inviolate for the purpose for which it was created unless the use of such fund for other capital project purposes was authorized by the electors voting on such proposition at the general or special election at which such proposition was submitted. The majority or super- 24 87-58
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RIVERSIDE CITY CHARTER
majority for passage of a voter approved capital project will depend on the enabling legislation under which it is proposed. Notwithstanding the above, the proposition approving a capital project may be amended as provided in 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 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 beginning of each fiscal year, a qualified 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, inventories and reports of all officers and employees who receive, handle or disburse public funds and of such other officers, employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, controller, treasurer, and City Attorney, respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. At least every fire years, the Cly Council shall employ a qualified public accountant different from the qualified public accountant who submitted the immediately preceding year's audit report. (Effective 12/27/1995) Sec. 1114. Use of design-bulld procurement for public works projects.
Notwithstanding any provision to the contrary in the California Public Contracts Code, in Charter Section 1109, or any other law or regulation of the City of Riverside, the use of design-build procurement by competitive negotlation is authorized The City Council shall establish by ordinance regulations for the award, use and evaluation of such design-bulld contracts, in which the design and construction of public works project are procured from a single entity.
ARTICLE XII. DEPARTMENT OF PUBLIC UTILITIES.
Sec 1200. Created; management and control.
There shall be a department of public utilities, which shall be under the management and control of the City Manager subject, however, to the powers and duties of the board of public utilities as hereafter set forth in this Article. Said department: Shall be responsible for electric and water supplies, services and conservation and any other utility as determined by ordinance of the City Council, and shall include all works owned, controlled, operated, leased or contracted for by the City for supplying the City and its inhabitants with such utilities. (Effective 12/27/1995)
Sec. 1201. Board of public utilities--Composition; applicability of Article VIII of Charter.
There shall be a board of public utilities. All of the provisions of Article VIII of 25 87-59
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RIVERSIDE CITY CHARTER
this Charter relating to boards and commissions generally, to the organization, neetings, conduct of proceedings, and expenses thereof, and to the appointment qualitications, term of office, removal, compensation and powers of members thereof where not inconsistent with the provisions of this Article, shall apply to the board of public utilities. (Effective 12/27/ 1995)
Sec. 1202. Same--Powers and duties.
The board of public utilities shall have the power and duty to:
(a) Consider the annual budget for the department of public utilities during the process of its preparation and make recommendations with respect thereto to the City Council and the City Manager.
(b) Authorize, and let public works contracts in compliance with Section 1109, within the limits of the budget of the department of public utilities, any urchase of equipment, materials, supplies, goods or services, or any acquisition, construction, improvement, extension, enlargement, diminution, 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 orders for the same. This amount may be increased in $1,000 increments by ordinance to account for inflation whenever the cumulative increase in the consumer price index exceeds $2,000 from the last increase. No such purchase, or acquisition, construction, improvement, extension, enlargement, diminution or
curtailment shall be made without such prior authorization.
Notwithstanding the above, such a purchase, or acquisition, construction, extension, enlargement, diminution or curtailment may be made without prior approval (1) 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) as determined by the director of public utilities or, (ti) if the amount exceeds $100,000 by the director of public utilities and the City Manager. As soon as practicable thereafter, the director of public utilities shall take the matter under Section 1202(b|(2) to the board of public utilities for ratification. (c) Within the limits of the budget of the department of public utilities, make appropriations from the contingency reserve fund for capital expenditures directly related to the appropriate utility function.
(d) Require of the City Manager monthly reports of receipts and expenditures of the department of public utilities, segregated as to each separate utility, and monthly statements of the general condition of the department and its facilities. (e) Establish rates for all utility operations as provided under Section 1200 including but not limited to water and electrical revenue producing utilities owned, controlled or operated by the City, but subject to the approval of the City Council. (N) Authorize the director of public utilities to negotiate and execute contracts with individual retail customers for water, electric and any other utility service as provided under Section 1200, consistent with rates for such individualized service established pursuant to Section 1202(e). (gt) Approve or disapprove the appointment of the director of public utilities, who shall be the department head.
(hg) Designate its own secretary.
(ir) Make such reports and recommendations in writing to the City Council regarding the department of public utilities as the City Council shall deem advisable. (x) Exercise such other powers and perform such other duties as may be prescribed by ordinance not inconsistent with any of the provisions of this Charter. 26 87-60
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(Effective_/_/200_)
Sec. 1203. Purchases and expenditures generally; exemption from centralized purchasing system.
Sec. 1204. Use of revenue.
The revenue of each public utility for each fiscal year shall be kept separate and apart from all other moneys of the City by deposit in the appropriate revenue fund anc shall be used for the purposes and in the order as follows:
(a) For the payment of the operating and maintenance expenses of such utility, including 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.
(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 prior to maturity.
(d) For the establishment and maintenance of any reserves for B and C above. (e) For capital expenditures of such utility.
(1) For the annual payment by each utility into the general fund in twelve equal monthly installments during each fiscal year, an amount not to exceed 11.5 percent of the gross operating revenues, exclusive of surcharges, of each specific utility for the last fiscal year ended and reported upon by independent public auditors.
Sec. 1205. Sale of public utility.
No public utility now or hereafter owned or controlled by the City shall be sold, leased or otherwise transferred unless authorized by the affirmative votes of at least two-thirds of the voters on such proposition at a general or special municipal election at which such proposition is submitted.
ARTICLE XIII. FRANCHISES.
Sec. 1300. Requiring; granting generally; applicability to City-owned utility.
Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat, electricity, gas, power, refrigeration, storage or any other public utility or service, or using the public streets, ways, alleys or places for the operation of plants, works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council is empowered to grant such franchise or not, and to prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of practice and additional terms and conditions of such grants, or the making thereof, all subject to the provisions of 27 87-61
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this Charter.
Nothing in this section, or elsewhere in this Article, shall apply to the City, or to any department thereof, when furnishing any such utility or service.
Sec. 1301. Resolution of intention to grant; notice and public hearing.
Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in a newspaper of general circulation within the City. Said resolution shall be At the time set for the hearing, or at any adjournment thereof, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that 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.
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 contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility.
ARTICLE XIV. MISCELLANEOUS
Sec. 1400. Definitions.
Unless the provision or the context otherwise requires, as used in this Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Riverside, and "department," "board," "commission," "agency," "officer," or "employee," is a department, board, commission, agency, officer or employee, as the case may be, of the City of Riverside. (c) "County" is the County of Riverside.
(d) "State" is the State of California.
(e) "Newspaper of general circulation within the City" is as defined by State law.
Sec. 1401. Violations and penalty.
The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding one thousand dollars or by imprisonment for a period not exceeding six months or by both such fine and imprisonment.
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Sec. 1402. Severability.
I any provision of this Charter, or the application thereof to any person o:
ircumstance is held invalid, the remainder of the Charter, and the application of sucl provision to other persons or circumstances, shall not be affected thereby.
Sec. 1403. Charter review committee.
In February 2004, and in February every eight years thereafter, the City Council shall appoint and appropriate adequate funds for a Charter review committee.
The Charter review committee shall have the power and duty to:
(a) Recommend to the City Council which, if any, Charter amendments should be placed on the ballot at the next regular municipal election for Mayor. (b) Hold public meetings to receive input on proposed Charter amendments. (c) Present a final report with its recommendations to the City Council by the last isray in, Mak reedin herext the lat nuncial election for Mayor. It may, The 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)
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 proceeding, is affected by the provisions of this Charter, but all proceedings taken thereafter shall conform to the provisions of this Charter
Revised 7.07.04
O:1CycomlWPDocs\DO1/P002100030339WPD
29 87-63
000599
CHARTER REVIEW
00020000030000000000b0c000o001 COMMITTEE
Final Report
July 13, 2004
000600
OPEN GOVERNMENT
CO0000UCGCOU
• Expanded Preamble
• Code of Ethics
• Access to public meetings and
records
CO000000000500 • Audio recording of closed sessions
000601
BODODO
OPEN GOVERNMENT
• Mayoral-appointed and ad hoc
Council committees - open and
public
000C00000N0060600C0 D • City Clerk to facilitate inspection of public records
000602
MAYOR AND COUNCIL
COMPENSATION
• January of odd-numbered years
• 5% salary increase cap
• By affirmative vote of five
0C000000000000 members of the City Council
000603
MAYORAL POWERS
• Appoint Chairs to City Council
0C00000000000000000ocoz00o00u Standing Committees
000604
FISCAL MANAGEMENT
00000000ODOM
• Change independent auditor every
five years
• Allow design-build procurement of
public works projects
JUDLO • Allow general obligation bonded
debt limit elections by mail-in
ballot
000605
FISCAL MANAGEMENT
• Bonds, notes, or indebtedness may
00000000 be sold at public or negotiated
private sale
• Accept alternative methods for
posting public works
security/bonds
000Q000Q0-00R
000606
BOARDS AND
00000200000O1 COMMISSIONS
• Eliminate Mayor and Council
Members Salary Commission
• Add Community Police Review
Commission
• Require representation from each
Ward
• Permit appointment of minors with
preferential voting privileges
0000002
000607
PUBLIC UTILITIES
• Board award of budgeted contracts over
$50,000
• Director approval of customer-
requested work pursuant to Board and
City Council approved rules
• Director execution of long-term
contracts to individual customers
consistent with Board and City Council
approved rates
000608
Submitted on behalf of
the Charter Review
0000000C0000000000000000000C0 | Committee
Eric Haley, Chair
000609