HomeMy Public PortalAbout18-104 - City Charter for General Election on November 6 2018RESOLUTION NUMBER 18-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE
ADOPTION OF A CITY CHARTER FOR THE CITY OF CARSON AT THE
GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018
WHEREAS, pursuant to authority provided by Article XI of the California Constitution; Title 4,
Division 2, Chapter 2 of the Government Code (commencing at §34450); and Division 9, Chapter 3, Article
3 (commencing at § 9255) of the Elections Code of the State of California, the City Council of the City of
Carson desires to submit to the voters a proposed charter; and
WHEREAS, the California Constitution since 1896 has empowered cities in California to exercise
home -rule powers with regards to "local affairs" through the adoption of a city charter, and many of the
leading cities in the state have successfully operated as charter cities; and
WHEREAS, the City of Carson was incorporated as a general law city in 1968; and
WHEREAS, the authority of general law cities has diminished through State mandates and State
law regarding use of local resources; and
WHEREAS, charter cities have a variety of tools to address local concerns through the power of
home rule granted by the California Constitution; and
WHEREAS, becoming a charter city would provide the People of Carson with more local
autonomy and expand the City's ability to promote the health, safety, and welfare of all residents; and
WHEREAS, establishing the City of Carson as a charter city gives the People of Carson more local
control over City affairs; and
WHEREAS, On May 1, 2018, the City Council voted to explore the option of submitting a
proposed city charter to the voters for adoption in the November 6, 2018 general election; and
WHEREAS, the City Council established and appointed members to an ad hoc committee, the
Committee of the Proposed City Charter ("Committee"), to participate in and to facilitate public
participation in the development of a proposed city charter; and
WHEREAS, the Committee met weekly on Monday nights for approximately three months, on the
dates of May 7, May 14, May 21, June 4, June 11, June 18, lune 25, July 9, July 16, July 23, and July 30,
2018, to identify and discuss topics and to formulate recommendations for submission to the City Council
for the proposed city charter; and
WHEREAS, pursuant to Government Code section 34458(b), the City Council is required to hold
two public hearings on the matter of the proposal of a charter and on the content of the proposed
charter, with these two statutorily required public hearings required to be at least 30 days apart, and
with at least one of the statutorily required public hearings being held outside of normal business hours;
and
RESOLUTION NO. 18-104
PAGE 1 OF 4
01007.0001/494887.3
WHEREAS, the City Council has held a total of six public hearings on the proposal of a city charter,
in which public participation and input, as well as input from the City Council members, was garnered;
and
WHEREAS, the first and second statutory public hearings were held on May 29, 2018 and July 3,
2018; and
WHEREAS, beyond state law requirements, the City Council held additional public hearings on
June 5, 2018, July 17, 2018, July 31, 2018 and August 7, 2018 to provide for further public input and serve
as additional public hearings on the matter of the proposed city charter; and
WHEREAS, following the six public hearings and the eleven Commission meetings, and after
considering all testimony, evidence and comments from the public, the City Council now desires to
submit to the voters a proposed charter; and
WHEREAS, the City Council finds that the proposed Charter is not subject to the California
Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15060(c)(3) and 15378(b) of
the CEQA Guidelines, including for reasons that the proposed Charter constitutes for purposes of CEQA
analysis continuing administrative or maintenance activities, such as general policy and procedure
making, as well as organizational or administrative activities of the City that will not result in direct or
indirect physical changes in the environment; and
WHEREAS, the City Council also finds that the proposed Charter is exempt from CEQA pursuant
to the provisions of Section 15061(b)(3), in the unlikely event that the proposed Charter were to be
considered a project for purposes of CEQA analysis, as it can be seen with certainty that there is no
possibility that the adoption may have a significant effect on the environment, for reasons including that
the proposed Charter maintains the current CEQA baseline; and, any potential exercise of legal authority
provided by the proposed Charter, for purposes of CEQA analysis, is currently unknown and speculative,
and as such is not required to be analyzed for the purposes of CEQA; and
WHEREAS, the City Council of the City of Carson has called a General Municipal Election to be
held on Tuesday, November 6, 2018, by Resolution No. 18-070 adopted on June 19, 2018; and
WHEREAS, on July 3, 2018 the Los Angeles County Board of Supervisors approved the
consolidation of the City of Carson General Election with the statewide General Election; and
WHEREAS, the City Council of the City of Carson desires to submit to the voters a proposed City
Charter for the City of Carson, for consideration of adoption at the General Municipal Election on
November 6, 2018; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council of the City of Carson finds and determines that the facts set
forth in the recitals of this Resolution are true and correct and incorporated herein by reference as
though set forth in full.
RESOLUTION NO. 18-104
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01007.0001/494887.3
Section 2. That the City Council of the City of Carson, pursuant to its right and authority,
hereby orders submitted to the voters at the General Municipal Election to be held on Tuesday,
November 6, 2018 the following question:
Shall the measure, to adopt a CITY CHARTER to provide
the People of Carson with greater local control, through
provisions such as: limiting council authority to levy YES
taxes, prohibiting favoritism and nepotism, banning
marijuana dispensaries, regulations for redevelopment of
contaminated sites, promoting economic development,
regulating impacts of truck intensive business, prohibiting
conflicts of interest or financial interests in City contracts,
modifying methodology of compensation for council, NO
imposing term limits on city council members, be
adopted?
Section 3. That the text of the proposed City Charter for the City of Carson, as provided in
the question above, is to be submitted to the voters as a proposed measure and is attached as Exhibit "A"
to this resolution.
Section 4. That the vote requirement for the ballot measure to pass is a majority (50% +i)
of the votes cast.
Section S. That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
Section 6. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the election, in time,
form and manner as required by law.
Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a
regular meeting held on the 7`6 day of August, 2018.
01007.0001/494887.3
CITY OF CARSON:
RE50LUTION NO. 18-104
PAGE 30F4
ATTEST:
Donesia Gause-Aldana, MMC, Cit/yNClleerrk
V
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON J
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 18-104, adopted by the City of Carson City Council at its
meeting held on August 7, 2018, by the following vote:
AYES: COUNCILMEMBERS: Robles,Hilton, Santarina
NOES: COUNCIL MEMBERS: Davis—Holmes, Hicks
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS. None
01007.0001/494887.3
r� L
Donesia Gause-Aldana, MMC, City Clerk
'`s
V
RESOLUTION NO. 18-104
PAGE 4OF4
CITY OF CARSON
CITY CHARTER
AS OF AUGUST 7, 2018
The City of Carson, incorporated as a California general law city on February 20, 1968,
On November 6, 2018, with the City's voters approval, the City of Carson became a
California chartered city.
01007 0002149250310 Exhibit A
RESOLUTION NO. 18-104
Page 1 of 72
SECTION 202.
TABLE OF CONTENTS
SECTION 203.
ARTICLE I - INCORPORATION AND SUCCESSION....................................................7
SECTION 204.
SECTION 100.
Name and Boundaries.......................................................................7
Contracting Authority ............... .... .............................................12
SECTION 101.
Succession, Rights and Liabilities.....................................................7
12
SECTION 207.
SECTION 102.
Ordinances......................................................... ........... ........... -...
7
Abatement of Nonconforming Uses................................................19
SECTION 103.
Continuance of Present Officers and Employees ..............................7
Cannabis Regulation; Retail Dispensary Ban..................................20
SECTION 104.
Continuance of Contracts and Franchises........................................8
SECTION 105.
Pending Actions and Proceedings....................................................8
Powers Vested in the City Council................................................20
SECTION 106.
Seal............_......................................................................................8
SECTION 107.
Severability.......................................................................................9
SECTION 108.
Effective Date of Charter........................................................ ........... 9
SECTION 109.
Citation..............................................................................................9
Eligibility........................................................................................22
SECTION 110.
Interpretation.....................................................................................9
Compensation and Expenses ............................................ . .......22
SECTION 111.
Amendment..................................................................................10
Limitation of Terms..........................................................................23
ARTICLE II - POWERS OF THE CITY.........................................................................10
SECTION 306.
SECTION 200.
Powers............................................................................................10
Interference In Administrative Service.............................................24
SECTION 201.
Procedures ............................. . .................. .....................10
Meetings....................................,_...................................................25
SECTION 202.
Form of Government.......................................................................11
SECTION 203.
Intergovernmental Relations...................................................11
SECTION 204.
Establishment of Specialized Agencies or Authorities ..................... 11
SECTION 205.
Contracting Authority ............... .... .............................................12
SECTION 206.
Economic Development..... ...... ...............,..._....._..
12
SECTION 207.
General Land Use Authority .............. . ............ ..........................17
SECTION 20B.
Abatement of Nonconforming Uses................................................19
SECTION 209.
Cannabis Regulation; Retail Dispensary Ban..................................20
ARTICLE III - CITY COUNCIL......................................................................................20
SECTION 300.
Powers Vested in the City Council................................................20
SECTION 301.
Elective Officers; Indemnification....................................................21
SECTION 302.
Mayor; Mayor Pro Tempore............................................................21
SECTION 303.
Eligibility........................................................................................22
SECTION 304.
Compensation and Expenses ............................................ . .......22
SI=CTION 305.
Limitation of Terms..........................................................................23
SECTION 306.
Vacancies .............................................. ..................... ........... , ..23
SECTION 307.
Interference In Administrative Service.............................................24
SECTION 308.
Meetings....................................,_...................................................25
41007 0002/492583 10
Exhibit A
RESOLUTION NO. 18-104
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2
SECTION 309.
Special Meetings...........................................................................26
SECTION 310.
Quorum; Proceedings.....................................................................26
SECTION 311.
Oaths; Subpoenas..................................................................27
SECTION 312.
Citizen Participation.................................................. ... ...........
27
SECTION 313.
Adoption of Ordinances and Resolutions........................................28
SECTION 314.
Ordinances; Publication...........................................................29
SECTION 315.
Codification of Ordinances................. ............................ ...........29
SECTION 316.
Ordinances; When Effective.........................................................30
SECTION 317.
Ordinances; Violation; Penalty ......................................... . . ...31
SECTION 318.
Publishing of Legal Notices .............................................. . .......31
SECTION 319.
Contracts; Property. . ................................. ...... . ...................... . --
.32
ARTICLE IV- CITY MANAGER AND CITY ATTORNEY..-..................... ......................33
SECTION 400.
City Manager................................................................. ,......33
SECTION 401.
Eligibility--.....................................................................................33
SECTION 402.
Compensation and Bond.................................................................34
SECTION 403.
City Manager Powers and Duties...................................................34
SECTION404.
Removal....................................................................................36
SECTION 405.
Acting City Manager........................................................................36
SECTION 406.
City Attorney.................................................................................37
SECTION 407.
City Attomey, Powers and Duties...................................................
37
ARTICLE V - OFFICERS AND EMPLOYEES...........................................................:...38
SECTION 500.
Administrative Departments...,. ............................b........- .. ..,..,.38
SECTION 501.
City Clerk: Powers and Duties.........................................................39
SECTION 502.
City Treasurer; Powers and Duties.,,,.......................,............. ........
41
SECTION 503.
Compensation......... ................................. ............................. .........42
SECTION 504.
Department Heads.......... ............. ................... ............................ -42
SECTION 505.
Nepotism, Favoritism, and Corruption... ................................, .......43
ARTICLE VI - APPOINTIVE BOARDS, COMMITTEES AND COMMISSIONS...-,-.. -,,.44
SECTION 600.
In General............................................................................. ..- -,..44
SECTION 601.
Appropriations................................................ ................................
.44
SECTION 602.
Appointments; Terms......... ................ ........ --- .................... .... .....,44
SECTION 603.
Chairs; Meetings; Staff; Rules........................................................45
SECTION 604.
Compensation...................................................... ................. ..,.......46
SECTION 605.
Removal; Vacancies, ..................... .......................................,... ,46
01007 0002149258310 3
Exhibit A
RESOLUTION NO. 18-104
Page 3 of 72
SECTION 606.
Planning Commission; Powers and Duties......................................47
SECTION 607.
Mobile Home Paris Rental Review Board........................................48
Proposed Budget, Subrnission to City Council................................57
SECTION 608.
Carson Housing Authority...............................................................49
Budget, Public Hearing..............................................................58
SECTION 609.
Carson Reclamation Authority..........................................,.........,....49
Budget; Adoption.............................................................................58
ARTICLE VII - PERSONNEL SYSTEM.........................................................................50
SECTION 905.
SECTION 700.
Personnel System...........................................................................50
SECTION 906.
SECTION 701.
Personnel Rules and Policies..........................................................51
SECTION 907.
SECTION 702.
Employee Contracts; State Employees Retirement System ............
52
SECTION 703.
Eligibility for Appointed Office..........................................................53
SECTION 909.
SECTION 704.
Illegal Contracts; Financial Interest.................................................53
SECTION 910.
SECTION 705.
Civil Service Commission..............................................................
54
ARTICLE VIII - ELECTIONS.. .................................................... .................... ...........
56
SECTION 800.
Authority ..........................................................................................56
SECTION 801.
General Municipal Elections............................................................56
SECTION 802.
Special Municipal Elec#ions..........................................................56
65
SECTION 803.
Procedure for Holding Elections....................................................56
SECTION 804.
Initiative, Referendum and Recall...................................................57
ARTICLE IX - FISCAL ADMINISTRATION...................................................................57
Outsourcing. ........................................ .............................. ............
SECTION 900.
Fiscal Year.....................................................................................57
SECTION 901.
Annual Budget................................................................................
57
SECTION 902.
Proposed Budget, Subrnission to City Council................................57
SECTION 903.
Budget, Public Hearing..............................................................58
SECTION 904.
Budget; Adoption.............................................................................58
SECTION 905.
Budget; Appropriations.,................................................................59
SECTION 906.
Municipal Finance and Tax Authority ..............................................59
SECTION 907.
Limitation on Tax Authority ............. . .........................................60
SECTION 908.
Fees and Assessments.................................................................61
SECTION 909.
Bonded Debt..................................................................................
62
SECTION 910.
Election for Major Capital Projects................................................62
SECTION 911.
Enterprise Funds..-..........- ................................................................63
SECTION 912.
Presentation of Demands..............................................................63
SECTION 913.
Independent Audit.. .........................................................................
65
SECTION 914.
Purchasing Ordinance.....................................................................66
SECTION 915.
Outsourcing. ........................................ .............................. ............
67
01407 00021492583 10
4
Exhibit A
RESOLUTION NO. 18-104
Page 4 of 72
SECTION 916. Local Preference ............................................... .... 68
SECTION 917. Gift of Public Funds.........................................................................69
ARTICLE X — FRANCHISES.........................................................................................69
SECTION 1000. Granting of Franchises..................................................................69
SECTION 1001. Resolution of Intention; Notice and Public Hearing ....................... 70
SECTION 1002. Term of Franchise.........................................................................71
SECTION 1003. Purposes of Article; Inapplicable to City........................................71
SECTION 1004. Eminent Domain............................................................................72
01007 00021492583 10 6
Exhibit A
RESOLUTION NO. 18-104
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PREAMBLE
We, the People of the City of Carson, State of California, declare our intent to protect
and preserve the values that have guided and sustained our City since it was formed in
1968. We hold dear the historic doctrine of home rule; the right to determine the
structure of our government, our land uses and forms, and the character of our
community. Our City has special resources with a strong industrial base and unique
development opportunities; the City can be an economic power house at the center of
major regional transportation corridors. Proper development would allow us to provide
the highest quality of life and services for our residents while promoting social,
economic, and environmental quality and justice. We believe fiscal responsibility and
the prudent stewardship of public funds is essential for confidence in government, that
ethics and integrity are the foundation of public trust; and that just governance is built
upon these values. The express purpose of this Charter is to secure and exercise for
the City of Carson the full scope of control over its municipal affairs that is authorized by
law. We do hereby exercise the express home rule rights granted by the Constitution of
the State of California for the people and adopt this Charter for the citizens of the City of
Carson.
01047 00021492553 10
Exhibit A
RESOLUTION NO. 18-104
Page 6 of 72
n
ARTICLE I — INCORPORATION AND SUCCESSION
SECTION 100. Name and Boundaries.
The City of Carson, hereinafter termed the City, shall continue to be a California
municipal corporation under its present name of "City of Carson." The boundaries of the
City shall be the boundaries established at the time this Charter takes effect, and as
such boundaries may be changed thereafter from time to time in the manner authorized
by law.
SECTION 101. Succession, Rights and Liabilities.
The City shall continue to own, possess and control all rights and property of every kind
and nature owned, possessed or controlled by it at the time this Charter takes effect and
shall continue to be subject to all its debts, obligations, liabilities and contracts.
SECTION 102. Ordinances.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at
the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby
continued in force until they are repealed. amended, changed or superseded.
SECTION 103. Continuance of Present Officers and Employees.
The present officers and employees of the City shall continue to perform the duties of
their respective offices and employments without interruption until the appointment or
election and qualification of their successors, but subject to removal, amendment,
change, or control as provided by this Charter. Nothing contained in this Charter, unless
specifically otherwise provided herein, shall affect or impair the personnel, pension or
01007 0002/492583 10 7
Exhibit A
RESOLUTION NO. 18-104
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retirement rights or privileges of officers or employees of the City, or of any office,
department, or agency thereof, existing at the time this Charter takes effect.
SECTION 104. Continuance of Contracts and Franchises.
All contracts entered into by the City or for its benefit prior to the effective date of this
Charter and then in effect, shall continue in full force and effect according to their terms,
except as provided in Section 1002 of this Charter for certain franchises_
SECTION 105. Pending Actions and Proceedings.
No action or proceeding, civil or criminal, filed and pending at the time this Charter takes
effect, brought by or against the City or any officer, office, department or agency
thereof, shall be affected or abated by the adoption of this Charter or by anything
contained in the Charter, but all such actions or proceedings may be continued
notwithstanding that functions, powers, and duties of any officer, office, department or
agency a party thereto, may be assigned or transferred by or under this Charter to
another officer, office, department or agency, but in that event the same may be
prosecuted or defended by the head of the office, department or agency to which such
functions, powers and duties have been assigned or transferred by or under this
Charter.
SECTION 106. Seal.
The official seal of the City at the time this Charter takes effect shall continue to be the
official seal of the City for its acts and business unless and until changed by ordinance
of the city council.
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Exhibit A
RESOLUTION NO. 18-104
Page 8 of 72
SECTION 107. Severability.
If any article, sections, sentence, clause or portion of this Charter is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and severable and such
holding shall not affect the validity of the remaining portions of this Charter.
SECTION 108. Effective Date of Charter.
This Charter shall take effect upon its approval and ratification by the qualified voters of
the City and, if approved, after filing and acceptance by the Secretary of State, in
accordance with State law_
SECTION 109. Citation.
Any citation to any specific provision of State law hereunder, shall be construed to apply
to any successive amendments or revisions to such sections so long as such
amendments or revisions are largely consistent with such authorities as of the effective
date hereof
SECTION 110. Interpretation
The provisions of this Charter shall be construed in accordance with the generally
accepted meaning of the language used, and in the event of any asserted ambiguity in,
or dispute regarding, the interpretation of any matter herein, the ambiguity or dispute
shall be resolved by a construction which best carry out the overall intent of this Charter
as expressed in the terms hereof.
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Exhibit A
RESOLUTION NO. 18-104
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D
SECTION 111. Amendment;.
Any proposal for the amendment, revision, or repeal of this Charter or any portion
thereof may be proposed by a majority affirmative vote of the city council, or by initiative
by the People of the City of Carson. No such proposal shall be effective until approved
by a majority vote of the voters voting at a statewide general election, for proposals by
the city council, or at a statewide general, statewide primary, or regularly scheduled
general municipal election, for proposals by initiative, and frled with the Secretary of
State, in accordance with State law.
ARTICLE It -- POWERS OF THE CITY
SECTION 200. Powers.
The City shall have the power to make and enforce all laws and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in
this Charter and in the Constitution of the State of California and to avoid enactments of
the State of California contrary thereto. The City shall also have the power to exercise,
or act pursuant to any and all rights, powers, privileges or procedures, heretofore or
hereafter established, granted or prescribed by any law of the State, by this Charter. or
by other lawful authority, or which a municipal corporation might or could exercise, or
act pursuant to, under the Constitution of the Stale of California. The enumeration in
this Charter of any particular power shall not be held to be exclusive of, or any limitation
upon, the generality of the foregoing provisions. This Charter shall be liberally
construed to vest the City with all legal authority and powers necessary to protect the
health, safety, and general welfare of all of the citizens of the City.
SECTION 207. Procedures.
The City shall have the power to and may act pursuant to any procedure established by
any law of the State, unless a different procedure is required by this Charter.
01007 00021492563 10
Exhibit A
RESOLUTION NO. 18-104
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SECTION 202. Form of Government.
The municipal government established by this Charter shall continue to be the form of
government known as the "Council -Manager" form of government so that the city
council shall establish the policies of the City, and the city manager shall administer the
government of the City in accordance with such policies.
SECTION 203. Intergovernmental Relations.
The City may exercise any of its authority and may perform any of its powers jointly, or
in cooperation with, one or more other cities, counties, states, the United States, or any
political subdivisions, civil divisions, or agencies thereof, or other governmental entity by
entering into joint powers agreements with such entities or in such other manner as
authorized by law.
SECTION 204. Establishment of Specialized Agencies or Authorities.
The City shall have the power to establish authorities or entities for housing, mobile
home rent control, economic development, reclamation and remediation, finance, or
other special districts or commissions or agencies of specialized expertise to the full
extent as may be permitted by state or federal law, in order to cant' out the business of
the City or otherwise advance the health, safety, or general welfare of its citizens. Any
such entity specified herein, including the Carson Housing Authority, Carson
Reclamation Authority, Civil Service Commission, Mobile Home Park Rental Review
Board, and Planning Commission may only be disbanded when their purposes have
been fulfilled and by amendment to this Charter. All specialized agencies created by
the City and in existence on the effective dale of this Charter shall continue to perform
their duties and operate pursuant to their existing legal authority and, in addition, any
authority granted hereunder, unless and until city council may otherwise provide by
ordinance or resolution.
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RESOLUTION NO. 18-104
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SECTION 205. Contracting Authority.
The City shall have the power to contract with any county, city, or other governmental
body for the performance of City functions or services by such county, city or other
body, including without limitation for law enforcement and fire services, and the City
shall also have the power to transfer any of its functions and any of the functions of an
officer, board, or commission of the City to an officer. board, or commission of the
county in which the City is situated provided that the City shall retain the authority to
direct the actions of the body pursuant to the contract and plenary authority of the City.
The responsibility for providing law enforcement and fire protection services is
contracted to the LA County Sheriff's Department and LA County Fire Department
(Consolidated Fire Protection District of Los Angeles County), respectively. The City
may not establish its own City law enforcement or fire departments to provide law
enforcement or fire protection services unless and only upon: (1) the completion of a
comprehensive financial analysis that supports a finding by the planning commission
and city council that sustaining a City law enforcement or fire department will be
financially sustainable and viable for at least 20 years, (2) a proposal is approved by a
fico -thirds vote of the planning commission and city council,(3) is approved by the
majority of the voters of the City, and (4) approved compliance with Los Angeles County
Local Agency Formation Commission (LAFCO) requirements and any other State and
County requirements.
SECTION 206. Economic Development.
A. Economic Development Opportunities. The City is centrally located at the
junction of major freeway corridors with excellent access to Downtown Los Angeles, the
West Los Angeles economic hub and the Pacific Rim hub of the Los Angeles/Long
Beach port system, one of the largest trading centers in the world, with the highest
volume in the United States. Carson was originally seen as an excellent location for
large scale industrial projects litre Shell and Tesoro Refineries and major warehousing
01007 0002149258010
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RESOLUTION NO. 18-104
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12
and logistics operations. However, prior to incorporation and in the post second world
war housing boom, Carson became a site for county landfills and various disfavored
uses. The extensive landfill areas have left major sites needing cleanup that are
presently unavailable for economic development. Accordingly, given the City's great
location, major industries and employers, and the significant undeveloped properties,
this presents special development opportunities for Carson that may be promoted by
this Charter.
B. Constraints. The City has found that its previous redevelopment program, which
was dissolved pursuant to state law, was essential to redeveloping many vacant
contaminated, and blighted parcels scarred by decades of misuse, refuse dumps and
landfills, auto dismantling centers, and other similar uses. Other constraints have
included: (1) being a low property tax city with its property taxes being reallocated to
other public agencies in greater proportion than other cities; (ii) critical undeveloped
infrastructure; and (iii) contamination requiring significant remediation under current
environmental and health and safety standards. It is the objective of the City of Carson
to design and implement a local program within the authority under this Charter to
accomplish the City's economic development purposes.
C. Economic Development Powers. It is a significant goal of adopting this Charter
to allow the City to pursue economic development to the maximum degree permitted by
the California Constitution. To this and for purposes of eliminating blight, encouraging
private investment, providing public infrastructure, and causing the development and
redevelopment of property, the City shall have the powers enumerated herein.
(9) Receipt of Financial Assistance. The City may seek or accept financial or any
other assistance from public or private sources, including from the state or
federal government, for the City's activities, powers, and duties hereunder.
(2) Acquisition of Property. The City may purchase, lease, obtain option upon,
acquire by gift, grant, bequest, devise, or otherwise, any real or personal
property, any interest in property, and any improvements on it, including
repurchase of developed property previously owned by the City.
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(3) Eminent Domain. The City may acquire real property by eminent domain, and
may acquire every estate, interest, privilege, easement, franchise and rights in
land, including encumbrances by way of mortgage or indebtedness, or any
interest arising from covenants and conditions. Any such proceeding shall be
undertaken only in accordance with the Eminent Domain Law (Code of Civii
Procedure § 1230.010 et seq.) and all procedures therein to protect property
owner rights. No property currently zoned and used for residential purposes may
be acquired by eminent domain for the purposes provided in this Chapter.
(4) Management of Property. The City may rent, maintain, manage, operate, repair
and clear real property and may insure or provide for the insurance of any
operations of the City against risks or hazards.
(5) CCBRs. The City may provide for the retention of controls and the establishment
of any restrictions or covenants running with the land for such periods of time and
under such conditions as shall be necessary to effectuate the purposes hereof_
(6) Non -Discrimination. The City shall include in all deeds, leases or contracts for
sale, lease, sublease or transfer of land, non-discrimination clauses.
(7) Issuance of Bonds. The City may issue its bonds or other financial instruments
permitted by law and expend the proceeds from their sale to carry out the
purposes hereof. The bonds and obligations issued by the City also may be
purchased, invested in, or used for security.
(8) Site development. The City may clear or move buildings, structures or
improvements from real property; may grade any site; and may develop as a
building site any property owned by it. It may cause or make provisions with other
agencies for the installation of streets, utilities, parks and other public
improvements.
(9) Property Disposition. The City may sell, lease, exchange, subdivide, transfer,
assign, pledge, encumber or otherwise dispose of any real or personal property
or any interest in property acquired by it. The City may use ground leases or the
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14
sale of publicly owned land, including at less than fair market value as provided
herein, or development agreements in accordance with law, lease -lease back
financing, infrastructure financing, design build contracts, and/or other creative
mechanisms to fulfill the purposes hereof.
(10) Property Remediation. The City may investigate and evaluate the environmental
condition of property, prepare remedlation plans and obtain approval thereof from
regulatory agencies, and undertake rennediation in accordance with such plans.
The City may also utilize any authority provided in state or federal law to
remediate properties and to undertake actions against potentially responsible
parties to cause the remediation of property.
(11) Relocation. The City may provide (i) relocation assistance to persons displaced
by governmental action, and (ii) aid and provide assistance to property owners
for property maintenance in connection with rehabilitation loans and grants.
(12) Cooperation. The City shall cooperate with other public agencies in the
formulating and administration of its economic development assistance
programs. The planning commissions and the legislative bodies of the City and
the cooperating public agencies may hold joint hearings and meetings regarding
the projects assisted hereunder.
(13) Special Districts. The financing of both the development of infrastructure and
services through community service districts, landscape and lighting districts,
assessment districts, school facility improvement bonds, infrastructure finance,
and similar special district financing mechanisms shall be permitted to the full
extent under California law;
(14) Tax and Assistance Agreements. The use of tax rebates, lax credits, or similar
agreements permitted by law including for sales taxes, transient occupancy
taxes, utility taxes or other taxes shared with the generator thereof, and rebates
or waivers of franchise fees, business license fees, development impact fees, or
other revenue sources, or any other economic development subsidy (including
41007 00021492583 10 15
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land write-downs), may be provided when justified as provided herein. In the
event of such agreements, they may only be approved after a public hearing
thereon identifying the amount and terms of such assistance and the justification
for such assistance.
(15) Regulatory Relief. The modification or suspension of zoning and other land use
restrictions affecting the feasibility of development, density bonuses, expedited
processing of entitlements, design -build contracts. environmental sustainabi-dy
special development zones, the establishment of clear and consistent regulatory
regimes, creating procedures for dispute resolution, clear definition of scope of
environmental review and use of scoping processes, and other similar methods,
can be used to encourage economic development.
D. Economic Development Authority. In exercising the powers granted pursuant
hereto, the city council may by ordinance exercise the above authorities, or create a
subordinate economic development authority, and/or enable the Carson Reclamation
Authority to so act to incentivize private investment by the grant or loan of public
resources, the reduction of regulatory burdens, asset monetization, revenue or tax
sharing, deferred or accelerated returns, infrastructure financing, alternative
procurement strategies, concession or leasing arrangements, securitization of
obligations, or other measures where the risks to the private entity can be reduced to a
level whereby the development entity and investors can earn a commercially
reasonable return on investment and will accordingly proceed with the economic
development project. Should the State of California re-establish a redevelopment
program or create additional economic development strategies in addition to those
provided herein, the City is authorized to use them for the purposes provided herein.
Any program to undertake the above shall establish that any public assistance or
subsidy provided to a project by the City have a sufficient public purpose and must
include a comprehensive report identifying the nature of the project, the necessity of the
assistance, the amount of the assistance, the public benefits of the project, the return on
the project, and the regulations and conditions governing the project. The project would
only be approved after a duly noticed public hearing and compliance with California
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16
Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.). The
City may adopt a comprehensive ordinance with measures to carry out the foregoing.
SECTION 207. General Land Use Authority.
A. Goals and Objectives. The City of Carson while taking advantage of its
location and economic opportunities, as described in Section 206 of this Charter, prides
Itself in providing exceptional services to the residents and business community it
serves. It is the goal of the City to be a balanced community, providing employment
opportunities, retail services, recreational activities, and quality neighborhoods, and to
serve the needs of those who reside, work and recreate in the City. All industrial,
commercial, and residential development shall be undertaken with a high degree of
social and environmental quality and justice. In promoting balance and livability, it is the
goal of the City that residents be able to reside, work, purchase goods and services,
attend school, recreate, and otherwise enjoy the civil society, natural environment and
other amenities of Carson.
B. {_and Use Powers. Except as otherwise provided by ordinance of the city
council, the City shall have the full power to enact regulatory land use measures
including but not limited to the following.-
(1)
ollowing.
(1) Creation of a general plan for the long-term growth and orderly development of
the City consistent with the foregoing policies.
(2) Creation of zoning ordinances with specific land use regulations which will carry
out the City's land use policies.
(3) Enact specific plans, overlay control districts or other similar matters for the
regulation and development of land.
(4) Provide adequate enforcement mechanisms to abate public nuisances which
depreciate nearby property values.
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(5) Make determinations pursuant to the California Environmental Quality Act to
protect the quality of the environment.
(6) Approve the subdivision or re -subdivision of property.
(7) Establish a site design and review process for development applications to
assure high development quality and compatibility with adjacent uses.
(8) Establish procedures to approve conditional uses, variances and other land use
entitlements.
(9) Establish regulations which are sensitive to the industrial history of the City and
allow the City to remediate, redevelop, and address such uses for the benefit of
public health and general welfare, and to increase property values throughout the
City. The City may adopt and amend from time to time its comprehensive oil and
gas code, that provides for the reasonable regulation of oil and gas facilites_
operations, removal of oil field facilities and redevelopment of oil and gas sites
(10) Establish procedures for preserving and protecting mobilehome parks through
specific plans, special zoning or overlay districts, or other regulations, as an
essential component of the City's affordable housing stock. In determining
reasonable measures to mitigate the adverse impacts of mobilehome park
closures or conversion to other uses, the City shall consider the results of a
survey of the park residents' support for the closure or conversion, With respect
to closure or conversion to subdivided resident ownership, the City shall also
consider the results of a survey of the park residents' support and may
disapprove the closure or conversion if the results of the survey do not
demonstrate the support of at least a majority of the park's homeowners.
(11) Establish procedures that encourage the development of affordable housing
sufficient to meet community needs and improve housing quality standards
through zoning regulations, and authorize the Housing Authority to develop
varied housing assistance programs to address housing affordability issues
including preserving mobilehome parks.
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(12) Establish measures to mitigate for the impacts of development on adjacent
property and the City generally through land use regulations, requirements that
the developer provide appropriate infrastructure improvements, imposition of
impact mitigation fees, assessments for construction of infrastructure
improvements, and similar measures.
(13) Condition development to provide for its maintenance in a first class condition
and the protection of public safety and welfare, and through recorded covenant
agreements, assessments, and other measures, assure that such development
is adequately maintained and pays its fair share of the costs resulting from the
development. Recorded covenants may also be used to carry out the purposes
of Sections 208 and 209, and similar purposes.
(14) Provide for environmental stewardship and social justice in the development.
management, and use of land through consideration of the inextricable linkages
between social, economic and environmental issues, and for the incorporation of
the ideals of sustainability such as accessible and affordable housing, food,
services and transportation, accessible and inclusive green and public spaces,
sustainable development, protection from pollution and contamination, and
mitigation and adaptation to climate change.
SECTION 208. Abatement of Nonconforming Uses.
A. Purpose. Section 206 of this Charter recounts certain adverse circumstances
concerning the development of the City which resulted in the establishment of uses
under County zoning regulations which had adverse impacts on citizen's health and
safety and on surrounding properties. Section 207 of this Charter outlines land use
policies to deal with mitigating and regulating adverse land use impacts (13),
maintenance of development in a good condition (14), addressing certain industrial uses
(9), and effectively abating nuisances (4).
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B. Nonconforming Uses. Where uses no longer conform with general plan or
zoning regulations, and where such uses are having an adverse impact on health,
safety and the general welfare, or negatively impact adjacent land uses, the City may by
adoption of suitable general plan and zoning regulations, make such uses
nonconforming, and may by ordinance provide for the abatement of such uses, in a
manner similar as for franchise under Section 1002 of this Charter, with abatement
terms and the opportunities for hearings, taking of evidence, and extensions based
upon recovery of a reasonable return on investment.
SECTION 209. Cannabis Regulation; Retail Dispensary Ban.
The City of Carson may prohibit and regulate cannabis activities in a manner that is
necessary to protect the public health, safety, and welfare. Any outdoor personal
cannabis cultivation is prohibited, except as authorized by City ordinance. Any
commercial cannabis operations which involve the retail sale of cannabis (dispensaries)
are prohibited. The City may authorize up to four (4) commercial cannabis operation
centers, that may comprise of each type of the activities permitted by state law, except
cannabis dispensaries. Any change to the type of authorized commercial cannabis
activities of cultivation, manufacture, testing, or distributor and/or any increase to the
number of authorized centers from that currently permitted in the City as of the effective
date of this Charter, may only be adopted by a majority vote of the voters in a general
municipal election.
ARTICLE III — CITY COUNCIL
ri) SECTION 300. Powers Vested In the City Council.
All powers of the City shall be vested in the city council except as otherwise provided in
this Charter. Any authority not delegated by this Charter or ordinances of the City is
retained by the city council,
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20
SECTION 301. Elective Officers; Indemnification.
The elective officers of the City shall consist of four city council members, one directly
elected mayor, a city clerk, and a city treasurer. The members of the city council and
the mayor shall be elected by the voters from the City at large at the time and in the
manner provided in this Charter. In the event that the population of the City exceeds
one hundred thousand (100,000) residents, by resolution of the city council, the City
may increase the elective officers of the City to six city council members, one directly
elected mayor, a city clerk, and a city treasurer.
All elective officers shall serve for a term of tour years and until their respective
successors are elected and qualified. The elective officers in office at the time this
Charter takes effect shall continue in office until the termination of their current terms
and succeeding terms shall be likewise for four (4) years. The term of each elective
officer shall commence no later than five days from the certification of the election
results by the city council. Ties in voting among candidates for officer shall be settled by
lot.
Elective officers and employees shall have the same indemnification rights as specified
under California State law only.
SECTION 302. Mayor; Mayor Pro Tempore.
A, Mayor. The mayor shall serve as a member of the city council for all purposes
and shall only have the rights, powers and duties of a member of the city council, unless
otherwise provided for in this Charter or by ordinance. Unless otherwise expressly
provided to the contrary, any provision in this Charter which relates to the city council or
to members of the city council shall be interpreted to include the mayor as a member of
the city council.
B. Powers. The mayor shall be the head of the City for all ceremonial purposes
The mayor shall be the presiding officer during meetings with the power to determine
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procedural order, and shall serve as the primary, but not exclusive, spokesperson of the
City. The mayor shall assure that city council meetings are conducted in an orderly and
fair manner in accordance with law and relying on the city attorney as parliamentarian_
The mayor shall sign written contracts and conveyances made or entered into by the
City. The mayor shall not have special voting rights or veto power over any actions of
the city council_ The mayor shall perform such duties consistent with their office as may
be prescribed by this Charter, or as determined by the city council and not inconsistent
herewith.
C. Mayor Pro Tempore. The mayor pro tempore shall perform the duties of the
mayor during any period of the mayor's absence or disability. The mayor pro tempore
shall be selected biennially in the month of January by a majority vote of the members
of the city council, and shall serve for a term of two (2) years until their successor is
selected. The city council by ordinance or resolution may establish a rotational system
for such office among the council members
SECTION 303. Eligibility.
No person shall be eligible to hold an elective office unless he or she is, at the time of
issuance of nomination papers for the elective office, a qualified elector of the City, or of
territory legally annexed thereto, and shall have been domiciled in the City for at least
thirty (30) days immediately preceding the nomination period.
SECTION 304. Compensation and Expenses.
All members of the city council shall receive as total compensation for their services a
monthly salary which shall be set at the "Low Income Limits" for a family of four (4) as
set forth by the U.S. Department of Housing and Urban Development for the area
including Los Angeles County for the year 2018. The City shall not provide any
additional compensation to members of the city council for attendance at other meetings
01007 00021492503 10
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F*a
of City or City -affiliated commissions, committees, subcommittees, and boards of
directors, except the existing council/mayor differential shall continue. Any future
adjustment to the salaries of city council members shall be In accordance with, and
limited by, the provisions of law as set forth in Government Code Section 36516 or any
successor provision thereto.
All of the members of the city council, including the mayor, shall continue to be entitled
to reimbursement for their actual and necessary expenses incurred in the performance
of their official duties as staled in, and limited by, the provisions of law applicable to the
reimbursement for expenses city council members in general law cities as set forth in
Government Code Sections 36514.5, 53232.2 and 53232.3 or any successor provision
thereto. The city manager shall be responsible for collecting any receipts from the
members of the city council for reimbursable expenses within sixty days of the
incurrence of any eligible expense, and shall submit quarterly reports to the city council
regarding said expenses.
SECTION 305. Limitation of Terms.
No person shall serve more than three four-year terms of office as a member of the city
council (12 -year maximum). A partial term shall count as a full term unless the period is
less than two full years, which period would not count as a term.
SECTION 306. Vacancies.
A. Vacancy. if a member of the city council (i) is absent from all regular meetings of
the city council for a period of sixty (60) days consecutively from and after the last
regular city council meeting attended by such member, unless such absence is by
permission or excused by the city council expressed in its official minutes; (ii) ceases to
be domiciled in the City or ceases to be an elector of the City; or (III) is convicted of any
felony or criminal offense involving a violation of his or her official duties, or (iv) formally
01007 00021492583 10 23
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resigns in writing; the office shall become vacant. The city council by resolution shall
declare the existence of any such vacancy, and the office shall be deemed vacant from
the date of such declaration.
B. Filling Vacancy. A vacancy on the city council, from whatever cause, may be
filled by appointment by a majority of the remaining members of the city council, or by
the calling of a special election if no appointment is made within sixty (60) days of the
commencement of the vacancy. No person shall be eligible to fill a vacancy unless, at
the time of appointment, they are a qualified elector of the City, have been domiciled in
the City for at least sixty (60) days immediately preceding his or her appointment, and
have not reached the term limit for city councilmembers pursuant to Section 305 of this
Charter prior to, or during, their appointment to fill the vacancy. Any person appointed
or elected to fill a vacancy on the city council shall serve the remaining unexpired term
of the office. In the event it shall fail to fill a vacancy by appointment within sixty (60)
days after such office shall become vacant, the city council shall cause an election to fill
such vacancy to be held at the next available state election, but not less than 194 days
from the call of the special election. The times and procedures for the calling of any
special election to fill a city council vacancy may be established by City ordinance
consistent with State law.
C. Elective Officers. Vacancies in other elective offices of the City shall be
determined and filled in the same manner as provided herein for city council members.
D. Interim Appointment. If the city council calls a special election to fill a vacancy,
the city council may make an interim appointment to fill the vacancy until the date of the
special election. Persons eligible for appointment shall meet the criteria of subsection
(B) above.
SECTION 307. Interference in Administrative Service.
Except as otherwise provided in this Charter, neither the city council nor any of its
members shall interfere with the execution by the city manager of his or her powers and
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24
duties, or order, directly or indirectly, the appointment by the city manager or by any of
the department heads in the administrative service of the City, of any person to an office
or employment, or his or her removal therefrom. Except for the purpose of inquiry, the
city council and its members shall deal with the administrative service under the city
manager solely through the city manager, and neither the city council nor any member
thereof shall give orders to any subordinates of the city manager, either publicly or
privately, directly or indirectly
SECTION 308. Meetings.
A. Compliance with State Law. Unless otherwise expressly provided in this Charter.
all meetings of the city council shall be called and conducted in accordance with state
law, as speclfied in Government Code Sections 54950 et seq. ("Ralph M. Brown Act")
B. Regular Meetings. Unless otherwise provided by ordinance, or resolution of the
city council, the city council shall hold regular meetings twice per month, unless
otherwise determined by the city council. City council meetings shall be held at such
times as it shall fix by ordinance or resolution and city council may adjourn or re -adjourn
any regular meeting to a date and hour certain which shall be specified in the order of
adjournment, and when so adjourned, each adjourned meeting shall be a regular
meeting for all purposes. if the hour to which a meeting is adjourned is not stated in the
order of adjournment, such meeting shall be held at the hour for holding regular
meetings. If at any time any regular meeting falls on a holiday or municipal election,
such regular meeting shall be held on the next business day unless otherwise specified
by the city council.
C. Notice and Posting of Agenda. The notice and agenda shall be posted at least
seventy two (72) hours before the regular meeting in at least three (3) locations
designated by ordinance or resolution of the city council (the "Designated Locations"),
each freely accessible to the public twenty four (24) hours a day during the seventy two
(72) hour period prior to the meeting, and where the notice and agenda is not likely to
01007 00021492583 10 25
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RESOLUTION NO. 18-104
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be removed or obscured by other posted material. Specifically, the notice and agenda
shall also be posted at City Hall and on the City's official website. The city clerk may
also use additional technological means to disseminate information to the public.
D. Place of Meetings. Unless otherwise provided by ordinance or resolution of the
city council, all meetings shall be held in the council chambers as such location is
designated by ordinance or resolution of the city council, or in such place to which any
such meeting may be adjourned, and, except for any closed sessions permitted under
state law, shall be open to the public. If, by reason of fire, flood or other emergency, it
shall be unsafe to meet In the place designated, the meetings may be held for the
duration of the emergency at such place as is designated by the mayor, or, if the mayor
should fail to act, by three (3) members of the city council.
SECTION 309. Special Meetings.
Special meetings may be called at any time in writing by the mayor, or by a majority of
the city council members, by delivering written notice to each council member and the
local media, in accordance with Government Code Section 54956(a), The notice for a
special meeting shall specify the subject(s) to be considered in open and/or closed
session, and only the matters specified in the notice may be discussed at special
meetings, in accordance with Government Code Sections 54954.5 and 54956(b). The
notice for a special meeting shall be conspicuously posted at least twenty four hours
prior to the special meeting at the Designated Locations and in the manner for posting
of the regular agendas set forth in Section 308 of this Charter.
SECTION 310. Quorum; Proceedings.
A majority of the city council shall constitute a quorum to do business, but a lesser
number may adjourn from time to time where a quorum does not exist. In the event
none of the members of the city council are present at any regular meeting or adjourned
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26
regular meeting, the city clerk may declare the meeting adjourned to a stated day, hour,
and place. Notice of a meeting adjourned by less than a quorum or by the clerk may be
given by delivering written notice to each council member and the local media or waived
in accordance with Government Code Section 54955. Notice of an adjourned meeting
need not specify the matters to be acted upon.
SECTION 311. Oaths; Subpoenas.
Each member of the city council, or the city clerk, or the chair of any City board or
commission shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the city council or board or commission of
City. The city council shall have the power and authority to compel the attendance of
witnesses, to examine them under oath and to compel the production of evidence
before it. Subpoenas, when authorized by resolution of the city council, may be issued
by the mayor in the name of the City and shall be attested by the city clerk.
Disobedience of such subpoenas. or the refusal to testify upon other than constitutional
grounds or statutory privileges, shall constitute a misdemeanor.
SECTION 392. Citizen Participation.
The city council and all its boards and commissions shall operate transparently and in a
manner to promote citizen participation. No person shall be denied the right, personally
or through counsel, to address the city council at any regular meeting, adjourned regular
meeting or special meeting regarding any Item within its subject matter jurisdiction and if
such item Is on the agenda, prior to such item being considered by the city council. City
council may, by ordinance or resolution, establish time limitations for speaking and
impose other reasonable regulations on the exercise of such right in order to preserve
IJ the orderly nature of its proceedings. The presiding officer may modify regular rules of
procedure in a nondiscriminatory fashion where large audiences are present, and may
make necessary orders to prevent disorderly conduct when the meeting is being
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l
disrupted. All boards and commissions of City shall conduct their meetings in a similar
fashion consistent with the city council's procedures or with their own procedures
established by resolution so long as such procedures are consistent with the city
council's rules.
SECTION 313. Adoption of Ordinances and Resolutions.
A. Ordinances. With the sole exception of ordinances which take effect upon
adoption as described below, all ordinances shall be first introduced by the city council,
and shall have a second reading no sooner than five (5) days after the date of their
introduction and prior to their adoption. All ordinances shall be introduced, deliberated,
and passed upon at a regular or adjourned regular meeting of the city council. At the
time of its introduction, an ordinance shall become a part of the proceedings of such
meeting, and a copy of the introduced ordinance shall be kept in the custody of the city
clerk and included in the code of ordinances. A proposed ordinance shall be read by
title only unless a council member disagrees that the ordinance can be read by title only
and requests a full reading.
B. Alteration and Correction. In the event that any ordinance is altered after its
introduction, the same shall not be finally adopted except after a second reading at a
regular or adjourned regular meeting held not less than five (5) 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.
C. Payment of Money. Warrants and orders for the payment of money shall be
approved by resolution adopted at any regular, adjourned regular, or special meeting.
D. Majority Necessary. Unless a higher vote is required by other provisions of this
Charter, or by the laws of the State of California, an affirmative vote of the majority of
the quorum shall be required for the enactment of any ordinance, resolution, or the
making or approving of any warrant or order for the payment of money, or for entering
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28
into any contract where the amount to be paid by the City exceeds twenty five thousand
dollars ($25,000) (Charter Section 403(7)), but the limit of $25,000 may be increased by
ordinance provided that such ordinance is passed by a two-thirds affirmative vote of the
city council at a regular or adjourned regular meeting.
E. Execution, All ordinances and resolutions shall be signed by the mayor or in the
mayor's absence, the mayor pro tempore, and attested by the city clerk.
F. Urgency. Any ordinance declared by the city council as an urgency measure
necessary for the immediate preservation of public peace, health or safety, and
containing a statement of the reasons for its urgency, may be introduced and adopted at
one and the same meeting if passed by a two-thirds affirmative vote of the city council.
SECTION 314. Ordinances; Publication.
The city clerk shall cause each ordinance or a summary of each ordinance to be
published at least once in a local newspaper or newspaper of general circulation in the
City, and posted on the City's official website within fifteen days after its adoption. If
there is no newspaper of general circulation in the City, the clerk shall cause it to be
posted in the manner provided in Section 308 of this charter, or published in a
newspaper of general circulation, printed and published in the County and circulated in
the City. The city clerk may also use additional technological means available to
disseminate information to the public.
SECTION 315. Codification of Ordinances.
A. Codification. All ordinances of the City which have been enacted and published
in the manner required at the time of their adoption, and which have not been repealed
shall be compiled, consolidated, revised, indexed and arranged as a comprehensive
ordinance code, and such code may be adopted by reference, with the same effect as
an ordinance. by the passage of an ordinance for such purpose. Such code need not
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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. Such a code may contain provisions of general application
to all other ordinances including definitions, statutory construction rules, fines and
penalties and similar provisions of general application which shall apply to all other
ordinances of the City unless otherwise specifically provided. Amendments to the code
shall be enacted in the same manner as ordinances.
B. Adoption of Codes by Reference. Detailed regulations pertaining to the
construction of buildings, plumbing and wiring, mechanical devices, abatement of
dangerous buildings, or similar matters consisting of part of a uniform code adopted by
the County of Los Angeles, or generally adopted on a stale -wide or region -wide bans
when arranged as a comprehensive code, may likewise be adopted by reference to the
full extent permitted by the general laws of the State of California, and pursuant to
procedures established therein. Maps, charts and diagrams also may be adopted by
reference in the same manner.
SECTION 316. Ordinances; When Effective.
No ordinance shall become effective until thirty days from and after the date of its
adoption, except the following, which shall take effect immediately upon adoption:
(1) An ordinance calling or otherwise relating to an election.
(2) An assessment district ordinance adopted under a special law or procedural
ordinance relating thereto.
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of taxation, or levying a tax upon property.
(4) An urgency ordinance adopted in the manner provided for in Section 313F of this
Charter.
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(S) Any other such ordinance authorized by State law_
SECTION 317. Ordinances; Violation; Penalty.
U City council may designate the violation of any ordinance of the City to constitute a
misdemeanor or an infraction. Unless specifically designated as an infraction, a
violation of any ordinance of the City shall constitute a misdemeanor and may be
prosecuted in the name of the people of the State of California or may be redressed by
Ll
civil action, The maximum fine or penalty for any violation of a City ordinance, whether
a misdemeanor or an infraction, shall be as established by ordinance or resolution of
the city council. The city council may issue subpoenas under Section 311 of this
Charter and report noncompliance thereof to the judge of the superior court of the
county, in order to enforce any local law or ordinance.
SECTION 318. Publishing of Legal Notices.
The city clerk shall cause all legal notices to be published in a local or a newspaper of
general circulation within the City as provided in Section 314 of this Charter, or posted
in the Designated Locations and on the City's official website as designated in Section
308 of this Charter. The city clerk may also utilize other technological means available
for dissemination of information to the public.
No defect or irregularity in proceedings taken under this section, or failure to designate
an official newspaper, shall invalidate any publication where the same is otherwise in
conformity with this Charter, or ordinance, or other law.
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SECTION 319. Contracts; Property.
A. Contracts and Manner of Execution. The City shall not be bound by any
contract, except as hereinafter provided, unless it is in writing, approved by the city
council and signed on behalf of the City by the mayor or by such other employee as
shall be designated by the city council, the city clerk, and the city attorney. Any of said
officers shall sign a contract on behalf of the City when directed to do so by ordinance,
resolution, or other order of the city council.
B. City Manager Authority to Contract. By ordinance or resolution the city council
may authorize the city manager to bind the City, with a written contract, including by
purchase order, for the acquisition of equipment, materials, supplies, labor, services or
other items included within the budget approved by the city council, and shall by
ordinance impose a monetary limit upon such authority as authorized by this Charter.
C. Surplus Personal Properly. The city council shall by ordinance or resolution
provide a method for the sale or exchange of personal property not needed in the City
service or not fit for the purpose for which intended, and for the conveyance of title
thereto.
D. Sale of Real Property. No real property of City shall be sold, transferred or
conveyed without a finding by the planning commission and city council as to the
consistency of the sale with the general plan. Moreover, real property valued at more
than two million five hundred thousand dollars ($2,500,000), may not be sold,
transferred or conveyed except when approved by ordinance or resolution passed by a
two-thirds affirmative vote of the city council.
E. Acquisition of Real Property. Any real property which is sold, dedicated, or
transferred to City must be accepted by resolution of the city council.
F. Park and Open Space. The City is fully authorized to acquire, dedicate and
preserve real properly for parkland and open space purposes, including surplus school
sites. Parkland may include active and passive purposes, and shall include recreational
activities such as ball fields and courts, gyms, pools, auditoriums, dog parks, and similar
41007 00021492589 18
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32
J
facilities. The City is also authorized to enter into licenses, leases or joint use
agreements for use and maintenance of educational facilities for recreational purposes
and to indemnify the owner for the use thereof.
G. Public Utility. Contracts for the sale of the products, commodities or services of
any department or public utility owned, controlled or operated by the City may be made
by the manager of such utility or by the city manager upon forms approved by the city
manager and at rates fixed by the city council.
H. Implementation. The city council may by ordinance or resolution adopt further
procedures to carry out the intent of this section.
ARTICLE IV —CITY MANAGER AND CITY ATTORNEY
SECTION 400. City Manager.
There shall be a city manager who shall be the chief administrative officer of the City
City council shall appoint, by an affirmative vote of a majority of its members, the person
that it believes to be best qualified on the basis of his or her executive and
administrative qualifications, with special reference to experience in, and knowledge of,
accepted practices in respect to the duties of the office. The city manager shall serve at
the pleasure of the city council.
SECTION 401. Eligibility.
No person shall be eligible to receive appointment as city manager while serving as a
member of the city council nor within six years after he or she has ceased to be a
member of the city council_
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33
SECTION 402. Compensation and Bond.
A_ City Manager At Will. The city council shall be authorized to enter into a contract
of employment with the city manager. The city manager shall have no vested or
procedural rights in connection with his or her employment as city manager.
B. Contract. The city manager shall be paid a salary with benefits commensurate
with their responsibilities as chief administrative officer of the City, which salary shall be
established by resolution of the city council, or by contract with the city manager. Any
severance clause shall not Include benefits and the term of severance compensation
shall not exceed the shorter of one year or the unexpired term of the contract per
Government Code Section 53260.
C. Bond. The city manager shall furnish a corporate surety bond conditioned upon
the faithful performance of their duties in such form and in such amount as may be
determined by the city council. Any premium for such bond shall be a proper charge
against the City.
SECTION 403. City Manager Powers and Duties.
The city manager shall be the administrative head of the government of the City under
the direction and control of the city council. The city manager shall be responsible for
the efficient administration of all the affairs of the City which are under the city
manager's control. In addition to his or her general powers as administrative head,
and not as a limilation thereon, the city manager shall have the powers and duties as
set forth by ordinance of the city council, including but not limited to the following:
(1) Ordinances. To recommend to the city council for adoption such measures and
ordinances as deemed appropriate, and to enforce all laws and ordinances of
the City and see that all franchises, contracts, permits and privileges granted by
the City are faithfully observed;
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(2) Management Authority. To maintain management control, and provide direction
to all department heads, subordinate officers and employees of the City. To
effect such administrative organization of offices, positions or units in the
interest of efficient, effective and economical conduct of the City's business with
concurrence of the city council;
(3) Power of Appointment and Removal. As appointing authority, to appoint,
remove, promote and demote all officers and employees, except for elected
officials and the city attorney, subject to the following, (i) all other applicable
personnel ordinances, rules and regulations of the City; (ii) appeal rules in the
personnel system, if any; and (iii) all other ordinances of the City;
(4) Council Meetings. To cause to be prepared agendas and appropriate staff
reports and make recommendations and present options on all agenda items,
and to participate in meetings of the city council unless excused or as otherwise
directed by the mayor or city council,
(5) Financial Reports. Oversee the financial affairs of the City and to keep the city
council at all times advised as to the financial condition and needs of the City;
(6) Budget. To timely prepare and submit the proposed balanced annual budget to
the city council for consideration and approval, and to manage the City's
finances in accordance with the budget;
(7) Contract Agent. To approve expenditures where the amount to be paid by the
City is twenty-five thousand dollars ($25,000) or less, unless such amount ;s
increased by ordinance of the city council under Section 313(D) of this Charter
to purchase all supplies for all the departments or divisions of the City in
accordance with the budget and the purchasing ordinance as approved by the
city council, and to negotiate or cause negotiation of all contracts and to assure
that all contracts are carried out in accordance with their terms;
(8) Investigations and Complaints. To make investigations into the affairs of the
City and any department or division thereof, and any contract or the pror)e.r
01007 0002149258910 35
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RESOLUTION NO. 18-104
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performance of any obligations of the City; to investigate all complaints in
relation to matters concerning the administration of the City government and the
service maintained by public utilities in the City; to create processes to receive
complaints from citizens, vendors, and other aggrieved persons; to report on
any investigative activities and make recommendations to the city council. At
the city council's discretion, the council may decide to conduct/oversee specific
resident, contractor and/or other non-employee complaints and investigations;
(9) Public Buildings, To exercise general supervision over all public buildings,
public paries and all other public property which are under the control and
jurisdiction of the city council;
(10) Other Duties. To perform such other duties or exercise such other pouters i15
may be delegated to the city manager from time to time by ordinance,
resolution or other official action of the city council
SECTION 404. Removal.
Unless for cause, the city manager shall not be removed from office by action taken by
the city council during the period of ninety (90) days following any municipal election at
which a member of the city council is elected. At any other time the city manager may
be removed only at a regular meeting of the city council and upon a majority vote the
city council. In removing the city manager, the city council shall have absolute
discretion, and its actions shall be final. The city manager is an at will employee and
shall not have any procedural rights entitling him or her to a hearing or other notice prior
to termination, except as may be provided by ordinance or contract.
SECTION 405. Acting City Manager.
When the citymanager will be away from the office for more than one da (temporary
9 Y Y
illness, disability, scheduled absence, etc.), the city council shall be so notified and the
01007 0002!49258310
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assistant city manager or other departmental director, as the city manager may
designate in writing filed with the city clerk, shall be designated and delegated "acting'
city manager authority. If the city manager fails to designate an "acting city manager,"
the acting position shall be filled in this order: assistant city manager, then finance
director, unless the city council designates in writing a qualified City administrative
officer to exercise the powers and perform the duties of manager during the temporary
absence or disability.
SECTION 408. City Attorney.
There shall be a city attorney, who shall be appointed by and serve at the pleasure of
the city council. A majority vote of the city council shall be required to appoint or remove
the city attorney, which may only take place at a regular meeting of the city council. To
become and remain eligible for city attorney the person appointed shall be an attorney-
at-law duly licensed as such under the laws of the State of California, and having been
a municipal law attorney for at least ten (10) years.
SECTION 407. City Attomey; Powers and Duties.
The city council is authorized to enter into a contract with the city attorney. The city
attorney shall have no vested or procedural rights in connection with their service as city
attorney. The city attorney shall have power and be required to:
(1) Represent and advise the city council and all City officers in all matters of law
pertaining to their offices.
(2) Represent and appear for the City in any or all actions or proceedings in which
the City is concerned or is a party, and represent and appear for any City officer
or employee, or former City officer or employee, in any or all actions and
proceedings in which any such officer or employee is concerned or is a party for
any act arising out of his employment or by reason of his or her official capacity.
01007 00021492583 10 37
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RESOLUTION NO. 18-104
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(3) Attend all meetings of the city council and give advice or opinions in writing
whenever requested to do so by the city council or by any of the advisory boards,
committees, commissions or officers of the City.
(4) Approve the form of contracts made by and bonds given to the City, and all
deeds or covenants recorded for or on behalf of the City.
(5) Approve any and all proposed ordinances and resolutions for the City and
amendments thereto.
(6) Surrender to his or her successor all books, papers, files and documents
pertaining to the City's affairs.
(7) Prosecute on behalf of the people of the City any or all criminal cases arising
from violation of City ordinances, and such State misdemeanors as the City has
the power to prosecute.
(8) Recommend and oversee the hiring and supervise the work of any and all other
attorneys employed by the City to perform legal work on any litigation or other
matter, or otherwise employed to assist the city attorney.
(9) To otherwise serve as the legal counselor to the City, and to perform other duties
consistent with the Charter, as directed by the city council.
ARTICLE V — OFFICERS AND EMPLOYEES
SECTION 500. Administrative Departments.
A. City Manager Administration. The city manager is responsible for the
organization, conduct and operation of the several offices and departments of the City
consistent with this Charter, and the ordinances of the City as established by the city
council. The city manager shall assure the efficient and effective operation of the City
departments, shall review their operation, and when needed, shall recommend creation
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of additional departments, divisions, offices and agencies or their consolidation,
alteration or abolition. Each department shall be headed by an officer as department
head who shall be appointed by and may be suspended or removed by the city
manager.
B. Council Approval of Organizational Structure. Unless as otherwise provided in
this Charter, the current organizational structure shall not be modified by the adoption of
this Charier from that currently existing. Any reorganization or restructuring of a
department recommended by city manager must be approved by ordinance or
resolution of the city council. Upon recommendation by the city manager, the city
council, by ordinance or resolution, may assign additional functions or duties to offices,
departments or agencies so long as not inconsistent with this Charter. The city manager
shall recommend and the city council shall provide for the number, titles, qualifications,
powers, duties and compensation of all officers and employees.
SECTION 501. City Clerk; Powers and Duties.
There shall be a city clerk who shall be elected from the City at large. Staff of the city
clerk's office shall be employees of City and a part of the City's personnel system. The
city clerk shall have power and shall be required to:
(1) Attend in person or through authorized representative, all meetings of the city
council and be responsible for the recording and maintaining of a full and true
record of all of the proceedings of the city council in books that shall bear
appropriate titles and be devoted to such purpose.
(2) Maintain records of all ordinances, certifying the same to be the original or a
correct copy; as to an ordinance requiring publication, providing for the
publication thereof and stating that the same has been published or posted in
accordance with this Charter; monitor records of all official actions of the city
council, including contracts, bonds, deeds, and other recorded instruments; and
keep all books properly indexed and open to public inspection when not in actual
01007 00021492583 10 39
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RESOLUTION NO. 18-104
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use. All ordinances shall be properly codified and all copies of the municipal
code, written or electronic, shall be kept current and updated.
(3) Manage the records of the official actions of the city council, including contracts,
bonds, deeds, and other recorded instruments_
(4) Attest the signatures of City officials on written contracts or conveyances.
(5) Acknowledge the execution of all instruments executed by the City as required.
(6) In accordance with the City's transparency goals, assure appropriate procedures
are established and followed to comply with Government Code Section 6250 et
seq. ("California Public Record Act").
(7) Be the custodian of the seal of the City, and serve as City's agent for service of
process.
(8) Administer oaths or affirmations, take affidavits and depositions pertaining to the
affairs and business of the City and certify copies of official records_
(9) Be ex -officio assessor, unless the city council implements the provisions of the
state laws relative to the assessment of property and the collection of City taxes
by county officers, or unless the city council by ordinance provides otherwise_
(10) Serve as the election official of the City and have charge of all City elections_
(11) Conduct opening bids for public works projects publicly advertised by the City.
(12) Perform such other duties not inconsistent with this Charter and as may be
required by State general law, or by ordinance or resolution of the city council.
01007 00021492593 10
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RESOLUTION NO. 18-104
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40
SECTION 502. City Treasurer; Powers and Duties.
There shall be a city treasurer who shall be elected from the City at large. Staff of the
city treasurer's office shall be employees of City and a part of the City's personnel
system. The city treasurer shall have power and shall be required to:
(1) Assist the finance director, as requested by such officer, in carrying out assigned
duties. In the event of any disputes between the officials, such matters shall be
referred to the city manager.
(2) Receive and safely keep all moneys which shall come into their hands as city
treasurer.
(3) Comply with all provisions of law governing the deposit and securing of public
funds, and assure that all funds are deposited in appropriate institutions in
compliance with state law.
(4) Comply with all the provisions of the general laws of the State governing the
handling of such funds as may come into his or her possession.
(5) Cooperate in the preparation of the independent annual audit in accordance with
Government Code Section 41002 and Section 913 hereof.
(6) Pay out moneys only on warrants signed by persons designated by law, or
ordinance, as the proper persons to sign warrants and as to trust funds which
may come into their possession or control by virtue of some law, ordinance or
resolution, by warrant or other order, in accordance with the provisions of such
law, ordinance or resolution.
(7) Meet with the finance director at regular intervals and at least once each month
submit to the finance director a written report and accounting of all receipts,
disbursements and fund balances, a copy of which report shall be filed with the
city council.
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(8) Assist the finance director with the preparation of the annual report of the
investment policy in accordance with Government Code Section 53646(a)(2),
assure that all investments are made in accordance with such policy, and make
recommendations for improvements in such policies. The annual report shall be
reviewed by the investment committee.
(9) Serve as the chair of an investment committee, which shall include the finance
director, the city manager or assistant city manager, a council member
designated by the mayor, and a resident with financial expertise designated by
the mayor, that periodically reviews the status of and plans for the investment of
public funds in consideration of the anticipated financial needs of the City and
shall report thereon publicly to the city council.
SECTION 503. Compensation.
The city council shall determine, by ordinance or resolution, the amount and type of
compensation to be paid to all City officers, department heads, and employees. The
council shall periodically survey comparable cities and set compensation levels so as to
be reasonably competitive across similar classes and positions, taking into account the
City's fiscal condition. The salaries of the city clerk and city treasurer shall be set by
resolution of the city council and maintained in a range appropriate under the City's
salary schedule in accordance with their highest paid subordinate or manager. The city
clerk and city treasurer may also receive additional premiums for receiving the
professional designation as "Certified California Municipal Clerk" or "Certified California
Municipal Treasurer" in accordance with Council resolution.
SECTION 504. Department Heads.
Each department head shall have the authority to administer their department, to
oversee the employees in their department, and manage the department under the
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direction of the city manager and in accordance with the ordinances, resolutions and
policies of the city council.
SECTION 545. Nepotism, Favoritism, and Corruption
It shall be the policy of the City to prohibit and ban nepotism, favoritism and corruption.
For the purposes of this section, officer shall mean all public officials of the City, elected
or appointed, and manager shall mean the city manager, assistant city managers, and
all department heads of the City.
An officer or manager of the City shall not themselves, and shall not direct any other
person to, appoint, employ, promote, or advance for appointment to any committee
board or commission, employment, or promotion in or to any position in the City, any
individual who is a relative of such manager or any officer of the City, by blood or
marriage within the third degree, or a significant other of such manager or any officer of
the City.
No individual shall be appointed to any committee, board or commission in the City if
such appointment has been advocated by an officer or manager of the City for the
preferential treatment of such individual for reasons other than expertise or performance
in such committee, board or commission.
An officer or manager of the City, in the course of their duties, shall not accept or
provide money or gifts to any individual or entity, except as permitted by State law, or by
ordinance or resolution of the city council.
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ARTICLE VI -- APPOINTIVE BOARDS, COMMITTEES AND COMMISSIONS
SECTION 600. In General.
To assist the city council in the governance of the City, there shall be a housing
authority, mobile home rental review board, planning commission, and such other
boards, committees or commissions as provided in this Charter or as the city council
may establish by ordinance or resolution. The city council shall set the purposes of
such boards, committees and commissions and may grant to them such powers and
duties as it deems appropriate and are consistent with the provisions of this Charter.
SECTION 601. Appropriations.
The city council shall Include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such boards.
committees and commissions. The city council may, by ordinance or resolution, set
reasonable fees and charges for defraying the costs of hearings or other administrative
proceedings of the City's appointive boards, committees and commissions.
SECTION 602. Appointments; Terms.
A. Appointments. The mayor and each member of the city council may appoint one
member to a position on each City board, committee or commission, and the remaining
membership positions shall be appointed by the mayor and approved by a majority of
the city council, including the three alternates. To be qualified for appointment, the
member shall be a qualified elector of the City, shall be domiciled in the City for at least
sixty (60) days immediately preceding their appointment, and shall continue to reside in
the City for the duration of his or her tenure, unless otherwise provided by ordinance
The city council, for good cause, may waive the requirement of residency for one year
prior to appointment, in individual cases. The council shall endeavor to appoint
commissioners with sufficient expertise to carry out the purposes of the board,
01007 000221492583 10
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44
commission or committee, and may provide for expertise qualifications for each
membership position, in lieu of appointment by individual council members, in which
case the positions shall be filled by appointed by mayor and approved by the council.
B. Notice. Notice of the availability of a position for appointment or to fill a vacancy
shall be subject to the provisions of Government Code Sections 54970-54974 ("Maddy
Act") and posted in the Designated Locations pursuant to Section 308 of this Charter, as
well as on the City's official website. The city clerk may also utilize other technological
means available to disseminate information to the public. The city council may, by
resolution, adopt additional procedures to receive and consider applicants for City
advisory boards, committees and commissions and may waive the filing of applications
when it deems appropriate.
C. Temps. The members presently serving on the City's appointive boards,
committees, and commissions on the effective date of this Charter shall continue in their
positions until the termination of their current terms, and succeeding members shall
serve for a term of two (2) years, unless otherwise provided by ordinance or resolution
of the city council, and until their respective successors are appointed and qualified_
Unless a vacancy occurs, the organizational meeting to fill the positions shall be at the
same time as filling the position of mayor pro tempore in Section 302(C) of this Charter
SECTION 603. Chairs; Meetings; Staff; Rules.
As soon as practicable, following the first day of every calendar year, or such other time
as may be designated by resolution of the city council, the members of the each
advisory board, committee or commission shall appoint a member to serve as chair
and/or as vice -chairs) of such board, committee or commission. Unless otherwise
provided by ordinance or resolution, or in the rules of proceeding promulgated by the
applicable advisory board, committee or commission, each appointive board, committee
or commission shall hold regular meetings at least once each month, and may hold
special meetings as such board, committee or commission may require. All
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proceedings shall be open to the public and conducted in a similar fashion to that
provided in Section 312 of this Charter, except for such closed sessions as may be
authorized by law, and shall be conducted in accordance with open meeting laws of the
Brown Act. 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, committees
and commissions, who shall keep a record of its proceedings and transactions and shalt
provide appropriate staff support for such board or commission_ Each appointive board,
committee or commission may by resolution adopt such other rules and regulations
which shall be consistent with this Charter and the rules and policies of the city council,
including Section 312 hereof.
SECTION 604. Compensation.
As may be adjusted by ordinance or resolution in the future, upon approval of this
charter, all members of appointive boards, committees and commissions, including the
alternates, shall receive compensation for their services in the amount of fifty dollars
($50) per meeting and shall receive reimbursement for necessary traveling and other
expenses incurred on official duty when such expenditures have received authorization
by the city council.
SECTION 605. Removal; Vacancies.
Any member of an advisory board, committee or commission shall serve at the pleasure
of the city council and may be removed at any time upon recommendation/nomination
for removal by Mayor and a vote of a majority of the membership of the city council.
Causes for removal include but are not limited to:
(1) Excessive absenteeism, to be defined as absence from three consecutive
meetings of such board, committee, or commission or for twenty five percent
(25%) of the duly scheduled meetings of the board or commission within any
01007 0002149258310
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fiscal year, unless by permission of such board or commission expressed in its
official minutes.
(2) Upon conviction of any felony.
(3) Upon ceasing to be a qualified elector of the City.
(4) Upon written resignation by the member.
For the foregoing reasons, or any other, or without cause, the city council may declare
the office of any board, committee, or commission member vacant, and the vacancy
shall be effective from the date of the declaration unless otherwise specified in the
declaration.
Any vacancies in any board, committee, or commission shall be tilled by the mayor and
city council in the same manner as specified herein for the original appointment of the
removed member. Upon a vacancy occurring leaving an unexpired portion of a
member's term, any appointment to fill such vacancy shall be for the unexpired portion
of such term.
SECTION 606. Planning Commission; Powers and Duties.
There shall be a planning commission consisting of no fewer than five (5) members.
The director of community development or his or her designated representative, shall
attend all planning commission meetings. The planning commission may meet with and
receive advice from the city attorney as it or the city attorney may deem necessary. The
planning commission shall have all of the following powers and duties, which powers
and duties may be modified by ordinance of the city council:
(1) All duties set out in the State Planning and Zoning Law for a planning agency as
same now exists and as same may hereafter be amended.
01007 00021492587 10 47
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RESOLUTION NO. 18-104
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(2) After public hearing, recommend to the city council any amendment to the
general plan or any part thereof, or any zoning ordinance amendments.
(3) Exercise authority granted to it by ordinance over subdivisions, use permits, or
other matters not inconsistent with this Chatter.
(4) Accomplish all duties and functions as established in Section 208 of this Charter.
(5) Review the quality and nature of development within the City In accordance with
the general plan and make recommendations to the city council to assure
development is carried out in accordance with the general plan and the City's
planning standards.
(6) Make recommendations to the city council concerning the annual capital
improvement plan and as to the acquisition and disposal of real property in terms
of consistence of such with the general plan.
(7) Perform other duties specified by the city council not inconsistent with this
Charter.
SECTION 607. Mobile Home Park Rental Review Board.
There shall be a mobilehome park rental review board consisting of no fewer than five
(5) members, including at least two (2) resident homeowners, two (2) park owners, and
(t) at large member, as provided by ordinance of the city council. There shall also be no
fewer than 5 alternate members as provided by ordinance of the city council, and the
members and alternate members shall be appointed by the mayor and approved by the
city council. The mobilehome park rental review board shall have all of the following
powers and duties, which powers and duties may be modified by ordinance of the city
council:
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48
(1) Make recommendations to the city council that the board deems appropriate
regarding the implementation and enforcement of the City's mobile home park
regulations.
(2) Hear and determine rent adjustment applications seeking adjustment for capital
improvement expenditures incurred and/or for adjustment to assure a Park
Owner a "fair return" as that term is defined by law, and determine whether to
approve, modify or disapprove such a rent adjustment pursuant to the
procedures establish by ordinance of the city council.
{3) Perform other duties specified by the city council not inconsistent with this
Charter.
SECTION 608. Carson Housing Authority.
There shall be a Carson housing authority consisting of the members of the Carson city
council. The board members may provide for the selection, duties, and compensation of
the officers/staff of the authority, who shall perform such duties and functions as may be
require by the authority or the adopted bylaws and rules of procedure for the housing
authority. The powers of the housing authority shall be vested in the board members
thereof and shall include all rights, powers, duties, privileges, and immunities
established by Health and Safety Code Section 34200 et seq. ("California Housing
Authorities Law").
SECTION 609. Carson Reclamation Authority.
There shall be a Carson reclamation authority, as established through a joint powers
agreement pursuant to and in accordance with Government Code Section 6500 et seq.
("Joint Exercise of Powers Act"). whose debts, liabilities, and obligations shall not
become the debts, liabilities, and obligations of its member agencies. The authority shall
facilitate, potentially fund, and oversee the remediation and reclamation of the certain
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unimproved real properties located throughout the City that suffer from hazardous
materials contamination or other forms of environmental degradation. The powers and
duties of the authority may extend beyond that of property remediation to include-
development planning, funding and contracting, property acquisition and management,
the establishment and maintenance of a reclamation fund, and any other powers or
duties specified in the joint powers agreement, authority bylaws, or State general law_
ARTICLE VII — PERSONNEL SYSTEM
SECTION 700. Personnel System
City council may by ordinance or resolution establish a system of personnel rules and
policies, governing the terms of employment of any or all employees of the City_ The
Personnel System shall have the following aspects= (i) the city manager shall be the
appointing authority pursuant to Section 403(3) of this Charter, (ii) personnel rules and
policies shall be consistent with Section 701 of this Charter, (iii) conducting collective
bargaining and entering contracts with represented employees in accordance with
Government Code Section 3500 et seq ("Meyers Meyers-Milias Mllias-Brown Act"), and
(iv) disciplinary action shall be appealable to a civil service commission, if established
as described in Section 705 of this Charter.
If implementation of any provision of this Charter or action by the city council proposes
to effect a change on a matter or issue within the scope of representation between
public employers and public employee organizations, the City shall comply with all legal
obligations to meet and confer with the affected employee organization as defined by
and required under the Meyers-Milias-Brown Act (Gov't Code Section 3500 et. seq.).
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50
SECTION 701. Personnel Rules and Policies
The personnel system and personnel rules, as established by city council ordinances
and resolutions, and per Section 102 of this Charter, remain in force except as
otherwise clarified or modified by this Charter. The personnel rules and policies may
govern, without limitation, the following aspects of the personnel system:
(1) Classification of employment by employment position between exempt and non-
exempt appointments, and determination of "at will' categories of employment
positions.
(2) The preparation, installation, revision and administration of a position
classification plan covering all positions in the competitive service.
(3) The preparation, installation, revision and administration of a plan of
compensation corresponding to the position classification pian, providing a rate
or range of pay for each class.
(4) The public announcement of examinations and application for and acceptance of
applications for employment and establishing of criteria related thereto.
(5) The preparation and administration of examinations and the establishment and
use of resulting employment lists containing names of persons eligible for
appointment.
(6) The certification and appointment of persons from employment lists, and the
making of temporary, emergency, and provisional appointments.
(7) The establishment of hours of work, attendance and leave regulations, training
programs, benefits, conduct guidelines and other conditions of work.
(8) The evaluation of employees during the probationary period and at periodic
intervals.
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(9) The transfer, promotion, demotion, reinstatement, separation, or any other
change of status of employees in the competitive service.
(10) The discipline of employees.
(11) A system or systems for submission to and review by the city manager,
personnel manager or other designated person or persons, of designated types
of discipline and personnel decisions, for fact-finding, recommendations, fnal
decision or other designated purposes or effects.
(12) Establishment of a Civil Service Commission to hear appeals of disciplinary
actions and make recommendations for improving the personnel system as
provided in Section 705.
SECTION 702. Employee Contracts; State Employees Retirement System.
A. Memorandum of Understanding_ The City may enter into any contracts or
collective bargaining agreements with its employees, and shall meet and confer with the
duly authorized representative of such employees regarding wages, hours and other
terms and conditions of employment to be included in any such agreement_ The City
may by resolution establish conditions for the recognition of employee bargaining
groups, but shall retain management rights and necessary authority to administer the
City organization.
B. CalPERS Contract. Plenary authority under this Charter shall be vested in the
City and the city council, and by delegation of the city council, to its several officers,
agents, and employees, to do all acts and exercise all authority granted, permitted, or
required to enable the City to continue as a contracting city under the Public Employees'
Retirement System, and shall terminate such contract only by a two-thirds affirmative
vote of the city council and in accordance with state law.
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2
SECTION 703. Eligibility for Appointed Office.
No person holding or retaining any elective public office, and no person holding any
appointed office whose duties are incompatible with the duties to be discharged for the
City, shall be eligible for appointment as city manager, city attorney, or a member of any
appointed advisory board, committee or commission. No person shall be eligible for
appointment as city manager, city attorney, or a member of any appointed advisory
board, committee or commission who is a relative by blood or marriage within the third
degree of any one or more members of the city council. The city manager, respective
department heads, and all other persons empowered by this Charter or ordinance to
appoint any person to any appointed position in the City government shall not appoint
any person who is a relative by blood or marriage within the third degree of the person
making the appointment.
SECTION 704. Illegal Contracts; Financial Interest.
A_ Conflicts of Interest. All officers and employees of the City shall fully comply with
all state laws regarding conflicts of interest.
B_ Conflict of Interest Code. The City shall adopt a code consistent with State !aw
governing conflicts of interest and officers and employees shall comply with such code
No officer or employee shall participate in the making of any decision in which they have
a material financial interest, whether in owning real property, a source of income,
business interests, or other disqualifying financial interests.
C. Prohibited Contracts. No member of the city council, department head or other
officer of the City shall be financially interested, directly or indirectly, in any contract,
sale or transaction to which the City is a party. No member of any board, committee or
commission shall be financially interested, directly or indirectly, in any contract, sale or
transaction to which the City is a party and which comes before the board, committee or
commission of which such person is a member for approval or other official action or
which pertains to the department, office or agency of the City with which such board,
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committee or commission is connected. Any contract, sale or transaction in which there
shall be such an interest, as specified in this section, shall become void at the election
of the City when so declared by resolution of the city council.
D, Financial Interest. The general laws of the Slate of California including
Government Code Sections 67100, 1090, and the implementing regulations thereof
shall be used in determining what constitutes a financial Interest for the purpose of this
section, which general laws may be supplemented or modified by regulations of the city
council adopted by ordinance,
E, Forfeit Office. if any member of the city council, department head or other officer
of the City, or member of a board or commission shall be financially interested as
aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to
any other penalty which may be imposed for such violation of this Charter.
SECTION 705. Civil Service Commission
Contingent upon meet and confer with the affected employee organization as defined by
and required under the Meyers-Milias-Brown Act (Gov't Code Section 3500 et. seq.) on
this section 705 and the explicit approval by each current affected employee
organization within the City on the same, there is hereby established a civil service
commission to consider appeals of disciplinary actions initiated against employees. The
civil service commission shall consist of five (5) independent members with relevant
expertise who are nominated by the mayor and ratified by the city council_ reflecting the
interests of management, employees and citizens, including businesses, but need not
be residents, and except that one member shall be a board member of one of the City's
represented bargaining units. The members shall select three of their members to
conduct any personnel appeal hearing, but any hearing of the commission must
consistently be attended by the three designated members. The rules and regulations
for appointment of members to the civil service commission shall be as further provided
by ordinance of the city council consistent herewith. The civil service commission shall
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4
be advised by legal counsel, generally the city attorney, as it or the city attorney may
deem necessary, unless the city attorney is representing the appointing authority. The
civil service commission shall have the following powers and duties, which powers and
duties may be modified by ordinance of the city council:
(1) Conduct hearings in accordance with personnel rules and policies adopted by the
city council, and make findings and recommendations thereon to the city council
as the final authority.
(2) Conduct investigations regarding hearings pending before it.
(3) Have the power to compel the attendance of witnesses and the production of
documents by way of subpoena, and to examine witnesses appearing before it.
(4) Conduct hearings on protests, grievances, or questions arising under the
personnel system before the civil service commission. Any person aggrieved by
any action of the civil service commission may appeal such action to the city
council, according to procedures which shall be established by ordinance. The
decision of the city council in any such appeal shall be final.
(5) Review personnel rules and policies and make recommendations to the city
council as to improving the personnel system by enhancing efficiency and
protecting employee rights.
(6) Perform other duties specified by the city council not inconsistent with this
Charter.
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ARTICLE Vlll — ELECTIONS
SECTION 800. Authority.
Elections being municipal affairs, the city council retains full authority to regulate its
elections although the procedures shall be in accordance with the California Elections
Code unless otherwise provided herein, as provided in Section 803 of this Charter.
SECTION 801. General Municipal Elections.
General municipal elections for the election of city council members and other elected
officials of the City, and for such other purposes as the city council may prescribe shalt
be held in the City to coincide with the statewide general election.
SECTION 802. Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of any law,
shall be known as special municipal elections.
SECTION 803. Procedure for Holding Elections.
All elections shall be held in accordance with the provisions of the Elections Code of the
State of California, as the same now exist or hereafter may be amended, for the holding
of municipal elections, so far as the same are not in conflict with this Charter. The city
council may in its discretion determine to conduct mail ballot elections by such
procedure as it may prescribe by ordinance.
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58
SECTION 804. Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of the initiative and
referendum and of the recall of municipal elective officers. The provisions of the
Elections Code of the State of California, as the same now exist or hereafter may be
amended, governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code
are not in conflict with the provisions of this Charter.
ARTICLE 1X -- FISCAL ADMINISTRATION
SECTION 900. Fiscal Year.
The fiscal year of the City government shall begin on the first day of July of each year
and end on the thirtieth day of June of the following year.
SECTION 901. Annual Budget.
The city council shall establish by ordinance the procedures for the preparation, review,
adoption, distribution and administration the annual budget or multi-year budgets. Such
budget shall include a five (5) year capital improvement program. The city council may
establish other policies and procedures regarding the annual budget, such as reserve
policies and adoption deadlines, by resolution. The city manager shall be responsible
for the preparation of the budget in accordance with such policies.
SECTION 902. Proposed Budget, Submission to City Council.
At least forty-five (45) days prior to the beginning of each fiscal year, the city manager
shall submit to the city council the proposed budget and make copies of same available
for inspection by the public in the office of the city clerk, on the City's official website and
01007 00421492593 10 57
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the Designated Location(s) per Section 308 of this Charter, and may use such other
technological means available to disseminate information to the public as the city clerk
may determine. After reviewing the proposed budget and making such revisions as it
may deem advisable, the city council shall determine the time for the holding of a public
hearing thereon and shall cause to be published a notice thereof not less than ten days
prior to said hearing_ Copies of the proposed budget shall be available for inspection by
the public in the office of the city clerk at least ten days prior to said hearing.
SECTION 903. Budget, Public Hearing.
At the time and place specified in the notice, the city council shall hold a public hearing
on the proposed budget, at which interested persons shall be given the opportunity to
be heard and present evidence. The hearing may be continued from time to time by the
city council.
SECTION 904. Budget; Adoption.
On or before the first date of the fiscal year, city council shall adopt such budget as it
deems appropriate for that fiscal year by resolution. In the event that the budget is not
adopted before the first date of the fiscal year. the city council shall be prohibited from
adopting an increase in council compensation during the term of such fiscal year If the
city council does not adopt the budget in a timely fashion, the budget from the prior
fiscal year shall be expended until the budget is adopted. A copy of the approved
budget, certified by the city clerk, shall be filed with the finance director and city
treasurer and a further copy shall be placed, and shall remain on file, in the office of the
city clerk where it shall be available for public inspection. The budget so certified shall
be reproduced and copies made available for the use of the public and of departments,
offices and agencies of the City.
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8
SECTION 905. Budget; Appropriations.
From the effective date of the budget., the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments, offices and
agencies for the respective objects and purposes stated. All appropriations shall lapse
at the end of the fiscal year(s) covered by the budget to the extent that they shall not
have been expended or lawfully encumbered.
At any meeting after the adoption of the budget, the city council may by resolution
amend or supplement the budget by motion adopted by an affirmative vote of a majority
of the city council so as to authorize the transfer of unused balances appropriated for
one purpose to another purpose, or to appropriate available funds not included in the
budget, or to cancel any appropriation not expended or encumbered.
SECTION 906. Municipal Finance and Tax Authority.
A. Municipal Finance. The city council is specifically authorized to regulate
municipal finance and adopt ordinances, resolutions and orders within the municipal
affairs of the City to the extent permitted to charter cities under the State Constitution.
The City may in its discretion comply with state laws regulating municipal finance or
avoid enactments of the State of California contrary to its ordinances
B. Taxes, Fees and Assessments. The City shall have the full power to enact any
taxes, assessments, fees, or any other measures for the purpose of raising revenue
which charter cities in the State of California may enact. The specific identification of a
tax, fee, or assessment herein does not limit the general authorization provided in this
Section 906.
C. Impact Fees. The City shall have the power to enact fees to mitigate impacts of
development, or special business license fees or taxes, and to enter into development
agreements with developers with mechanism to finance necessary infrastructure. Any
restrictions on fees and taxes cannot restrict the City's reserved authority to legislate for
01007 0002!492583 10 59
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the health. safety and general welfare of the community. The authority hereunder to
enact fees and special taxes includes the ability to establish fees or taxes on new
development such as truck intensive businesses having significant impacts on the
operation and maintenance of streets, where a charge would be levied on trucks or
truck handling stalls and the funds raised would be used for construction or
maintenance of roadways, sidewalks and parkways, lighting, street infrastructure and
related purposes.
SECTION 907. Limitation on Tax Authority.
Notwithstanding the authority in Section 906 of this Charter to enact taxes, the following
limitations shall apply:
(1) General Tax. The city council shall not impose, extend, or increase any general
tax for general government purposes unless and until that tax is submitted to the
electorate by a two-thirds affirmative vote of the city council and approved by a
majority vote of the voters. A general tax shall not be deemed to have been
increased if it is imposed at a rate not higher than the maximum rate so
approved.
(2) Special Tax. The city council shall not impose, extend, or increase any special
tax for specific purposes unless and until that tax is submitted to the electorate by
a two-thirds affirmative vote of the city council and approved by a two-thirds vote
of the voters. A special tax shall not be deemed to have been increased if it is
Imposed at a rate not higher than the maximum rate so approved.
(3) Property Tax. The maximum amount of any ad valorem tax on real property shall
not exceed one percent (1 %) of the full cash value of such property as provided
t by the State Constitution, except for the City with respect to bonded
indebtedness for the acquisition or improvement of real property. Any such tax
shall be submitted to the electorate by a two-thirds affirmative vote of the city
council and approved by a two-thirds vote of the voters or except as may be
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permitted by the California Constitution as provided in Section 909 of this
Charter.
{�I) Limitations on Double Taxation. Notwithstanding any other provision of this
Charter, any person in compliance with the tax in Chapter 3.5 of Article VI of the
Carson Municipal Code as that Code reads upon approval of the Charter, steal.
not be liable for any additional business license tax, per barrel tax or storage tax
that was not in existence as of the effective date of this Charter. This limitation
applies to increases in the base or rate that existed in Chapter 3.5 of Article VI of
the Carson Municipal Code on the effective date of this Charter. Further, with
respect to any person in compliance with Chapter 3.5 of Article VI of the Carson
Municipal Code as that Code reads upon approval of the Charter, no ordinance,
regulation, ruling, opinion letter or any other similar legal authority imposing
additional environmental requirement or regulation that is not authorized by this
Charter shall be applied if it does not also apply to mercantile, manufacturing and
other business corporations generally.
SECTION 908. Fees and Assessments.
A. Fees. In establishing fees for the provision of services or in connection with a
regulatory program, the City shall generally comply with the applicable slate law, and
with all constitutional requirements.
S. Assessments. In establishing special districts for property assessments, the City
shall generally comply with the applicable state law, and with all constitutional
requirements, but unless inconsistent with such specific authority in carrying out the
provisions of Section 207 of this Charter, the City shall have the authority to create
districts for such purposes and establish the procedures therefore unless inconsistenl
with the Stale Constitution.
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SECTION 909. Bonded Debt
The City shall have full power to incur bonded indebtedness for the purpose of raising
revenue to the full extent permissible to charter cities under the State Constitution. No
bonded indebtedness which shall constitute a general obligation of the City may be
created unless authorized by the affirmative votes of two-thirds of those electors voting
on such proposition at any election at which the question is submitted to the electors, in
full compliance with the provisions of the State Constitution and of this Charter provided,
however that to the extent the State Constitution in the future allows for a lesser
requirement than a two-thirds vote of the electors with respect to water, wastewater and
storm water or other municipal facilities, the provisions of the State Constitution shall
apply. This requirement shall not apply to other forms of municipal finance including
taxation, assessments and fees, which may be enacted in accordance with Section 907
of this Charter,
SECTION 910. Election for Major Capital Projects.
The appropriation and/or expenditure of City funds in excess of twenty million dollars
($20,000,000) by the City or any entity thereof, such as a public financing authority, for
the development of public improvements or facilities must be approved by a two-thirds
affirmative vote of the city council. For purposes of this section, the $20,000,000 trigger
("Trigger Amount") only applies to the City's funding of the project, and not any grant or
other non -City funding, which shall not count towards the Trigger Amount and does not
include financing costs, but would apply if City funds are planned to be spent over
multiple years to carry out the project. Also, not counting towards the Trigger Amount
are the following expenditures:
(1) The conduct of feasibility studies, design work, or other planning or
preconstruction activity, so long as no commitment has been made to construct
the public Improvements or facility;
(2) The maintenance, repair, or operation of any public improvement or facility;
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1*�
(3) The redesign or modification of any public improvement or facility which has
already received voter approval.
SECTION 911. Enterprise Funds.
A. Charge Not Exceed Cost. The City may not impose a fee or charge for water or
sewer service, hook-ups, permitting, transfer or any other service that exceeds the cost
of providing that service.
B. Administrative Fees Only For Administration of Fund. The City may not collect
for its own general fund in -lieu taxes, fees or charges from any enterprise fund for
administration or any other purposes except for administration of the fund.
C. No Borrowing From Fund_ The City may not borrow funds held in reserve In any
enterprise fund for its use or the use of any other department or program of the City
except in the case of a declared emergency in accordance with State law.
SECTION 912. Presentation of Demands.
A. Presentation of Claims for Damages. All claims for damages against the City
shall be governed by the general laws of the State of California, unless otherwise
provided by ordinance of the city council. All claims for damages against the City must
be verified and presented to the city clerk within ninety (90) days after the occurrence,
event or transaction from which the damages allegedly arose, or within such shorter
time as is otherwise provided by law, and shall set forth in detail the name and address
of the claimant, the time, date, place and circumstances of the occurrence and the
extent of the injuries or damages sustained. All such claims shall be approved or
rejected by order of the city council and the date thereof given. City council may
delegate its authority to reject claims to the city manager, city attorney, risk manager or
other appropriate officer or department head. Any claim not approved or rejected by the
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city council within forty-five (45) days of presentation of the claim to the city clerk shall
be deemed rejected by operation of law.
B. Other Claims. All other demands against the City must be in writing and may be
in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be
presented to the finance director within ninety (90) days after the last item of the
account or claim accrued, but claims presented after ninety (90) days may be honored
in the discretion of the finance director. The finance director and city treasurer, or their
designated representatives, shall examine all claims presented. If the amount thereof is
legally due and there remains on the books an unexhausted balance of an appropriation
against which the same may be charged, the demand shall be approved and a warrant
drawn therefor, payable out of the proper fund. Otherwise the claim shall be rejected.
but any such rejection may be overruled by the city council.
C. Presentation to Council. The finance director shall transmit such demand, with
their approval or rejection thereof endorsed thereon, and warrant, if any, to the city
manager. If a demand is one for an item included within an approved budget
appropriation, it shall require the approval of the city manager and notice to the city
council, otherwise it shall require the approval of the city council, following the adoption
by it of an amendment to the budget authorizing such payment. Any person dissatisfied
with the refusal of the city manager to approve any demand, in whole or in part, may
present the same to the city council which, after examining into the matter, may approve
or reject the demand in whole or in part.
D. Lawsuits. No suit shall be brought for money or damages against the City or any
, commission or officer thereof whether such claim is for tort or contract damages, until
a claim or demand for the same has been presented as provided herein and such claim
and demand has been rejected in whole or in part. Suits must be brought within the
time established in state law, unless the timeliness is waived by the council. Any
amounts owed to the City pursuant to ordinance or resolution must be timely paid,
before suit is commenced, though the claimant may pay under protest and contest the
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payment. The city attorney shall respond to any suit tiled hereunder on behalf of the
City.
SECTION 913. Independent Audit.
A. Audit Report. The city council shall employ, at the beginning of each fiscal year,
a qualified certified public accountant who shall, at such time or times as may be
specified by the city council, and at such other times as the accountant shall determine.
examine the books, records, inventories and reports of all officers and employees who
receive, handle or disburse public funds and of all such other officers, employees or
departments as the city council may direct. No later than one hundred and eighty (1130)
days after the end of the fiscal year, a final audit and a report shall be submitted by such
accountant to the city council. If a final audit and report is not submitted, such
accountant shall provide, no later than one hundred and eighty (180) days after the end
of the fiscal year, nonce to the city manager and finance director describing the delays
and expected time for future submission. The final audit and report shall be submitted,
one copy thereof to be distributed to each member of the city council, one to the city
manager, finance director and city treasurer and city attorney, respectively, and
sufficient additional copies of the audit shall be placed on file in the office of the city
clerk where they shall be available for the general public, and a copy of the financial
statement as of the close of the fiscal year shall be available on the City's official
website and at Designated Locations pursuant to Section 308 of this Charter. The city
clerk may also use other technological means available to disseminate information to
the public
B. Management Letter. In addition to the annual audit report, the auditor shall
submit a management letter to the city manager and finance director that identities
suggested improvements in internal controls and other financial procedures that the
auditor identified during the audit. The finance director will prepare a written response
stating actions taken or proposed that will remedy the problems. The management letter
and the finance director's response shall be presented to the city council with the annual
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audit report. The auditor shall present and briefly explain the audit report results at a
regular or adjourned regular meeting of the city council.
SECTION 914. Purchasing Ordinance.
" The city council may, by ordinance, establish procedures for the procurement of
supplies, services, construction of public works, on-call contracts, and the like. Such
ordinance may provide requirements and procedures for competitive bidding, and award
to the lowest responsive and responsible bidder except that no competitive bidding shall
be required for sole source contracts, contracts for professional services, design build
contracts, or contracts undertaken in response to emergency situations or other special
exceptions authorized by ordinance of the city council. Formal bids need not be
obtained for services such as professional services, where factors other than price are
paramount, and informal bids may be obtained from at least three (3) individuals or
firms, and a report shall be prepared documenting the process used and the reasons for
selecting the provider. Such ordinance may also establish standards or qualifications for
alternative bidding such as (i) screening of contractors or providers of goods and
services by a preq ua lifica lion process, or competitive registration based upon
demonstrated competence and experience with similar projects in planning, design,
development, finance, construction, maintenance, improvement, repair and operational
characteristics; (ii) on-call contracts, where after a bid process is completed, contractors
can be on standby to carry out emergency maintenance, repair work and public
improvements as the need occurs; (iii) piggyback bidding, where a qualifying bid
process with a public agency within the prior 12 months results in a winning bidder who
will extend the same pricing to the City, (iv) design -build for major public works projects
budgeted over five million dollars ($5,000,000) where due to the project complexity the
City chooses to have general contractor design and build the project for a fixed cost, but
the contractor must be selected through a process similar to the foregoing; and (v)
similar exceptional circumstances where the city council by ordinance establishes
appropriate controls similar to the foregoing. Appropriate contract controls shall be
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66
prescribed by the city council in the purchasing ordinance. The purchasing ordinance
shall also establish criteria for insurance, bonding, liability, transferability, change
orders, liquidated damages, terms, enforcement and other factors.
SECTION 915. Outsourcing.
The City may enter into a contract for any services which can be performed in a
superior and cost-effective manner by such contractor, unless limited by the
Constitution of the State of California. The City shall periodically review its existing
operations and services to consider whether said operations and/or services may be
performed as or more efficiently and effectively by a third party. Any contract entered
into, pursuant to this provision, shall be approved by the city council.
Notwithstanding this section, in order to promote the efficient administration and
completion of City construction projects, the City shall make all best efforts to negotiate
a City-wide project labor agreement with the Los Angeles/Orange County Building and
Construction Trades Council to cover all City construction projects where the cost to the
City is five hundred thousand dollars ($500,000) or more. The project labor agreement
shall, in addition to complying with Public Contract Codes Section 2500 et seq.:
(1) bind all City contractors and subcontractors on the construction project
through the inclusion of specifications in all relevant solicitation provisions and
contract documents;
(2) not allow contractors and subcontractors to compete for or perform City
contracts and subcontracts without otherwise assenting to the project labor
agreement for covered projects;
(3) contain guarantees against strikes, lockouts, and similar job disruptions;
(4) provide for a preference In the hiring of a local worts force;
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i]
(5) set forth effective, prompt, and mutually binding procedures for resolving labor
disputes arising during the term of the project labor agreement;
(6) provide other mechanisms for labor-management cooperation on matters of
mutual interest and concern, including productivity, quality of work, safety,
and health; and
(7) ensure compliance with applicable State, f=ederal, and local laws and
regulations governing safety and health, equal employment opportunity,
local labor preferences, labor and employment standards, and other matters.
The provisions of California Labor Code Section 1770 et. seq. regarding the payment of
prevailing wages on public works and related regulations, as now existing and as may
be amended, are accepted and made applicable to the City, its departments, boards,
officers, agents and employees.
SECTION 916. Local Preference.
Except for those contracts funded through programs or partners, including but not
limited to federal or state agencies, which prohibit the use of a local preference. Carson
businesses may be provided a local preference for all contracts for materials, supplies,
equipment, services, or public projects, only after a finding by the city council that the
local preference is being applied in a manner that is consistent with applicable laws,
including but not limited to. State and federal law. The preference may be 5% on
contracts up to one million dollars ($1,000,000). The city council may establish and/or
modify the local preference by ordinance detailing the procedures and requirements for
awarding local preference to local businesses.
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SECTION 917. Gift of Public Funds.
The City may not give or lend any public money, things of value, or any other form of
public funds, through the making of a gift, the pledging of credit, the payment of
liabilities or similar action, to any person or enlity, public or private, in any manner
except as follows:
(1) The City may provide financial assistance for economic development purposes in
accordance with the procedures set forth in Section 206 of this Charter.
(2) The City may by resolution of the city council give or lend public funds for
expenditures or disbursements for the benefit of schools within the territory of the
City.
(3) The city council may by ordinance adopt procedures to authorize public funding
for other public or charitable organizations.
(4) Any gift of public funds set forth in subsections (2) and (3) above, shall only be
provided if (i) the City is, at the time of approval, operating on a balanced budget,
and (ii) approved by a two-thirds vote of the city council.
ARTICLE X — FRANCHISES
SECTION 1000. Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation,
communication, terminal facilities, disposal, sanitation, waste, remediation, water, light,
heat, electricity, gas, power, television, refrigeration, storage or any other public or
semi-public utility or service, or using the public streets, ways, alleys or for the operation
of plant works or equipment for the furnishing thereof, for providing storage, 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 may use existing slate statutes for the granting of specified
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franchises, or may by ordinance establish an appropriate general or specific process for
granting franchises, and conditioning such franchises in a manner which best protects
the health, safety and welfare, but shall not Interfere with property rights protected by
the State Constitution. The city council is empowered to grant such franchise to any
person, firm or corporation, whether operating under an existing franchise or not, and to
prescribe the terms and conditions of any such grant to protect public health and safety,
minimize environmental impacts, mitigate impacts on property, including surrounding
property, prevent interference with City operations, and assure cost recovery. The City
may provide, by ordinance, the method or process and additional terms and conditions
of any such grant or the making thereof, all subject to the provisions of this Charter.
SECTION 1001. Resolution of Intention; Notice and Public Hearing.
A. Resolution of Intent, Unless otherwise provided by ordinance of the city council,
before granting any franchise, the city council shall pass a resolution declaring its
intention to grant the same, stating the name of the proposed grantee, the character of
the franchise and the terms and conditions upon which it is proposed to be granted.
Such resolution shall fix and set forth the day, hour and place when and where any
persons having any interest therein or any objection to the granting thereof may appear
before the city council and be heard thereon. It shall direct the city clerk to publish said
resolution at least once, within fifteen days of the passage thereof, in a newspaper of
general circulation in the City, posted on the City's official website and at other
location(s) as the city clerk may designate using the most modern means available to
disseminate information to the public. Said notice shall be published at least ten days
prior to the date of hearing.
B. Hearing; Granting. At the time set for the hearing the city council shall proceed
to hear and pass upon all protests and its decision thereon shall be final and conclusive.
Thereafter it may by ordinance grant the franchise on the terms and conditions specified
in the resolution of intention to grant the same, subject to the right of referendum of the
people, or it may deny the same. If the city council shall determine that changes shou'd
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be made in the terms and conditions upon which the franchise is proposed to be
granted, a new resolution of intention shall be adopted and like proceedings had
thereon. In connection with granting any franchise, city council may set and collect any
franchise fee it deems reasonable, so long as such fee is not arbitrary or confiscatory.
SECTION 1002. Term of Franchise.
Every franchise shall state the term for which it is granted, which shall not exceed ten
years with a maximum of two opportunities to extend the franchise for an additional five
years each. Any extensions shall be subject to the approval of a majority of the
members of the city council. Any franchise agreement entered into by the City and
effective on the effective date of this Charter, whose term extends beyond twenty years
after the effective date of this Charter, shall continue in effect for a period of up to fifteen
years beyond the effective date of the Charter, and no further, provided that any
franchisee whose franchise is in effect on the effective date of this Chapter may seek an
extension of the franchise from city council beyond the fifteen year limit. The city council
may grant a longer term on a case by case basis if it finds the ten year limit would
impair the franchisee's ability to realize a reasonable return on investment of funds
invested from the lime invested and prior to the effective date of this Charter, in reliance
on the franchise. The reasonable return on investment, per Section 1004 of this
Charter, shall only value the fixed assets themselves and not the value of the franchise.
In making such claims, it shall be the obligation of the franchise to produce internal
records to demonstrate the value of the investment and the return thereon. The city
council may promulgate rules and regulations for the making and consideration of
applications for such longer term franchises,
SECTION 1003. Purposes of Article; Inapplicable to City.
A. Purpose. Section 206 of this Charter recounted certain adverse circumstances
concerning the development of the City. This included, in some circumstances_
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approving certain long term uses, including franchises, which have adverse health and
safety impacts on citizens and properties, and for the purposes of this Article include,
consistent with due process, being able to terminate franchises and adopt appropriate
regulations concerning such uses.
B. Not Applicable to City. No franchise requirement of the City shall apply to the
City, nor any subdivision, department, or division thereof.
SECTION 1004. Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City
to acquire the property of the grantee thereof either by purchase or through the exercise
of the right of eminent domain, and nothing therein contained shall be construed to
contract away or to modify or to abridge, either for a term or in perpetuity, the Cily's right
of eminent domain with respect to any public or private utility. In such a proceeding, no
value shall be assigned to the franchise rights themselves, but only to any fixtures or
equipment, or other interests arising out of the exercise of the franchise rights, as may
be compensable under the general laws of the State of California.
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