Article VIII — Appointive Officers

The City Council shall appoint and remove the City Administrator. A resolution adopted by three affirmative votes at a regular meeting of the City Council shall be required to either appoint or remove the City Administrator.

The City Administrator shall appoint and remove all other non-elected City officers; provided that the City Council shall be empowered to employ or contract for the professional services of the City Attorney, the City Auditor, the City Health Officer and other services as needed, and provided, further, that no appointment shall be made by the City Administrator unless the City Council has provided by ordinance for the establishment of the office or department to be directed by the appointee.

An elected official, during his term of office, shall neither hold any other position with the City nor be assigned duties in addition to those set forth for his elected office by this Charter, for which position or duties full or partial compensation is paid by the City.

No official, officer or employee appointed by the City Council shall be removed from his office or position with the City during the ninety (90) day period immediately subsequent to any municipal election of persons to the City Council.

(Amended by the electorate of the city at the election held April 11, 1978)

The City Administrator shall be chosen on the basis of his executive and administrative qualifications. He shall be paid a salary commensurate with his responsibilities as chief administrative officer of the City. No City Councilman shall receive such appointment during the term for which he shall have been elected, nor within two years after expiration of his term.

The City Administrator shall be the chief executive officer and the head of the administrative branch of the City government. He shall be responsible to the City Council for the proper administration of all affairs of the City, except as otherwise provided in this Charter, and he shall have power and be required to:

• (a) Appoint and remove, subject to the provisions of this Charter, all department heads of the City except as otherwise provided by this Charter, and pass upon and approve all proposed appointments and removals of subordinate employees by department heads;

• (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption;

• (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year;

• (d) Keep the City Council advised of the financial condition and future needs of the City and make such other recommendations as may seem to him desirable;

• (e) Exercise control of all administrative offices and departments of the City and of all appointive offices and employees except those directly appointed by the City Council; and

• (f) Perform such other duties as may be prescribed by this Charter or required of him by the City Council; not inconsistent with this Charter.

The City Administrator shall be accorded a seat at the City Council table and shall be entitled to participate in the discussions of the City Council, but shall not have a vote.

The City Administrator shall appoint, subject to the approval of the City Council, one of the other officers of the City to serve as City Administrator Pro Tempore during any temporary absence or disability of the City Administrator.

In the event that the City Council provides for the appointment of an Assistant City Administrator, he shall be appointed by, and be under the supervision and direction of, the City Administrator.

The City Attorney shall be licensed to practice law in the State of California and shall have the power and be required to:

• (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;

• (b) Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee, in or by reason of his official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein;

• (c) Attend all meetings of the City Council, unless excused, and give his advice or opinion in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City;

• (d) Approve the form of all bonds given to and all contracts made by the City, endorsing his approval thereon in writing;

• (e) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;

• (f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances, and misdemeanor offenses arising upon violation of the laws of the State unless otherwise provided by the City Council; and

• (g) On vacating the office, surrender to his successor all books, papers, files and documents pertaining to the City's affairs.

ARTICLE IX Appointive Boards and Commissions

In addition to the Commissions specified herein the City Council may create by ordinance such advisory Boards or Commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter. (Amended by the electorate of the city at the election held April 11, 1978)

The City Council shall include in its annual budget sufficient appropriations of funds for the efficient and proper functioning of such boards and commissions.

The members of such Boards or Commissions shall be appointed by the City Council. They shall be subject to removal by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four years, unless a lesser term is provided by a resolution adopted by the City Council, and until their respective successors are appointed and qualified. The members first appointed to such Boards and Commissions shall so classify themselves by lot that the term of one of each of their number shall expire each succeeding July 1st. Where the total number of the members of a Board or Commission to be appointed exceeds four, and is less than eight, no more than two terms of office shall expire in any one year, and the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than two shall expire in each succeeding year. Where the total number of members of a Board or Commission to be appointed exceeds eight, no more than three terms of office shall expire in any one year, and the classification by lot shall provide for the matching of terms to such an extent as is necessary in order that the terms of at least two and not more than three shall expire in each succeeding year. Any appointment to fill an unexpired term shall be for such unexpired period. The members of such Boards or Commissions shall be residents of the City.

(Amended by Assembly Concurrent Resolution No. 96 Paragraph 4, ratified by the qualified electors of the city at a general municipal election held April 11, 1972; amended by the electorate of the city at the election held April 11, 1978; amended by the electorate of the city at an election held November 5, 2002)

As soon as practicable after its creation and following the first day of July of every year, each of such boards and commissions shall elect one of its members to serve as presiding officer, at the pleasure of the board or commission.

Each board or commission shall hold a regular meeting at least once each month, except that a board or commission created by ordinance may be otherwise governed by the ordinance creating same.

The City Administrator shall designate a City employee to act as secretary for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this

Charter or with the ordinance creating it and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection.

(Amended by the electorate of the city at the election held April 11, 1978)

Each member of any such board or commission, and the secretary thereof, shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission.

There shall be a Planning Commission appointed by the City Council, which shall consist of seven members from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government.

The Planning Commission shall have the power and be required to:

• (a) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of the General Plan, or any part thereof for the physical development of the City;

• (b) Exercise such control over land subdivisions as is granted to it by the governing body of the City and by the laws of the State of California;

• (c) Make recommendations concerning proposed public works and for the clearance and rebuilding of blighted or substandard areas within the City; and

• (d) Exercise such functions with respect to zoning as may be prescribed by ordinance not inconsistent with this Charter.

ARTICLE X

General Provisions Relating to Officers and Employees

The City Council shall fix by ordinance the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be approved as to form by the City Attorney and shall be filed with the City Clerk. Premiums of official bonds shall be paid by the City.

In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, his superior officer or other officer or employee, or the bond of the latter, unless such superior officer, or other officer or employee is a party to, or has conspired in, the wrongful act causing directly or indirectly such loss.

Each member of the City Council, of every board and commission, and each officer provided for in this Charter before entering upon the discharge of the duties of his office, shall take, subscribe to and file with the City Clerk the following oath or affirmation:

"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of (here inserting name of office) according to the best of my ability."

No member of the City Council shall be financially interested, as that term is defined at Government Code Section 87103 as it is presently worded or may hereafter be amended, in any contract, sale or transaction to which the City is a party and neither shall any Board or Commission member or City official or employee be financially interested in any contract, sale or transaction to which the City is a party and which comes before said Board or Commission or official or employee, or department of the City with which he is connected, for official action. Any such contract or transaction in which there shall be such an interest shall become void at the election of the City, when so declared by resolution of the City Council. No City Councilman or member of any Board or Commission shall vote or participate in any contract or transaction in which he is directly or indirectly financially interested whether as an employee or stockholder of the corporation or otherwise. If an officer of the City, during the term of which he was elected or appointed shall vote or participate, or shall be financially interested as aforesaid upon conviction thereof, he shall forfeit his office.

(Amended by Assembly Concurrent Resolution No. 96 Paragraph 5, ratified by the qualified electors of the city at a general municipal election held April 11, 1972; amended by the electorate of the city at the election held April 11, 1978)

Each department head and his deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to his department.

Each department head shall have the power to appoint, suspend, and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his department upon the following conditions:

• (a) Subject to the provisions of this Charter and the rules and regulations promulgated hereunder; and

• (b) Subject to the prior approval of the City Administrator except for deputies, assistants, subordinates and employees of the City Council and the City Attorney.

ARTICLE XI Elections

General municipal elections for the filling of elective offices under this Charter shall be held in said City on the first Tuesday, following the first Monday, in November in each even-numbered year commencing with the year 1986.

(Amended by the electorate of the city at an election held November 5, 1985)

All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.

Unless otherwise provided by ordinance, hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities insofar as the same are not in conflict with this Charter.

The provisions of the Elections Code of the State of California as the same now exist or may hereafter be amended, governing the initiative, referendum and the recall of municipal officers, shall apply to use thereof in the City insofar as such provisions of the Elections Code are not in conflict with this Charter.

ARTICLE XII Fiscal Administration

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 the following year.

Unless otherwise provided by ordinance, the City shall continue to use, for the purpose of ad valorem municipal taxation, the County system of assessment and tax collection, as such system is now in effect or may hereafter be amended and insofar as such provisions are not in conflict with this Charter.

If the City Council fails to fix the rate and levy taxes on or before August 31, in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year.

At such date as he shall determine, the City Administrator, or an officer designated by him, shall obtain from each department head estimates of revenue and expenditures for his department, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimates, shall hold conferences thereon with the department heads, respectively, and may revise the estimates as he may deem advisable.

At least thirty-five days prior to the beginning of each fiscal year, the City Administrator shall submit to the City Council the proposed budget as prepared by him. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper.

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.

At the time so advertised, or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given an opportunity to do so.

After the conclusion of the public hearing, the City Council shall further consider the proposed budget and make any revision thereof that it may deem advisable, and on or before June 30 it shall adopt the budget with revisions, if any, by the affirmative votes of at least three members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. A copy thereof, certified to by the City Clerk, shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, departments and agencies of the City.

From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, departments or agencies for the respective objects and purposes therein specified. All appropriations shall lapse at the end of the fiscal year 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 amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget.

There shall be established under the control and direction of the City Administrator a centralized purchasing system for all city departments and agencies. The City Administrator shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for, purchasing, storing and distribution of all supplies, materials and equipment required by any office, department or agency of the City government.

Subject to the provisions of Section 608, before making any purchase of, or contract for, supplies, materials or equipment, vendors shall be given ample opportunity for competitive bidding, under such rules and regulations and with such exceptions as the City Council may prescribe by ordinance.

The City Council shall maintain a revolving fund, to be known as the "Cash Basis Fund," for the purpose of placing the paying of the running expenses of the City on a cash basis. A sufficient reserve shall be built up in this fund from any available source with which to meet all lawful demands against the City for the first five months, or other necessary period, of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible, on a cash basis.

All moneys so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year.

A fund for capital outlays, generally, is hereby created, to be known as the "Capital Outlay Fund." The City Council by ordinance may create a special fund or funds for a special capital outlay purpose. The City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time.

Once created, such fund shall remain inviolate for the purposes for which it was created; if, for capital outlays, generally, then for any such purposes and if for a special capital outlay, then for such purpose only, unless the assent of the voters is expressed to the use of such fund for some other purpose by majority vote of the electors voting in favor thereof at a general or special municipal election at which such proposition is submitted; provided that if the purpose for which a special capital outlay fund was created has been accomplished, the City Council may transfer any remaining surplus to the general capital outlay fund.

All demands against the City shall 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 duly appointed finance officer within one hundred days after the last item of the account or claim accrued, and he shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and pay same out of the proper fund. Otherwise, he shall reject it. Objections of the duly appointed finance officer may be overruled by the City Council and the demand ordered paid.

The duly appointed finance officer shall transmit such demand, with his approval or rejection thereof endorsed thereon to the City Administrator. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Administrator before payment; 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 Administrator to approve a 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.

Checks shall be paid out of the fund designated if there be sufficient money in the fund for that purpose. A check not paid for lack of funds shall be registered, and all registered checks shall be paid in the order of their registration when funds therefor are available.

The duly appointed finance officer of the City shall cause checks to be drawn for payment of municipal or other bonds, payable out of other funds in the treasury upon presentation and surrender of the proper bonds or coupons, upon the approval of the City Treasurer.

The City Council may provide for revolving petty cash funds to be paid to the City Administrator or department heads and used for payment in cash of expenditures provided for in the budgets, which cannot conveniently be paid otherwise. The City Administrator, or such department heads, shall account to the City Council and the duly appointed finance officer for all disbursements made therefrom when making demand for replenishment of the same and at such other times as the Council may require, and the amounts shall thereupon be charged against the proper appropriations.

No suit shall be brought on any claim for money or damages against the City, or any board, commission or officer thereof, on any cause of action for which this Charter or the general law requires a claim to be presented, until a demand for the same has been presented as in this Charter provided and such claim and demand has been rejected in whole or in part. Any such claim shall fully comply with the requirements for the presentation and consideration of claims as set forth in the applicable sections of the general law of the State.

Every claim for money or damages against the City, or any board or commission thereof, shall be filed with the City Clerk, who shall thereupon present the same to the City Council, officer, board or commission authorized by this Charter to incur or pay the expenditure. In all cases, such claims shall be processed as required by the general law of the State.

The City Council shall employ, at the beginning of each fiscal year, a certified public accountant who, from time to time, shall examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds, and of such other officers, employees or departments as the City Council may direct. At the end of the year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Administrator, one to the City Attorney, one to the City Treasurer, one to the duly appointed finance officer, and three additional copies to be placed on file in the office of the City Clerk where they may be available for inspection by the general public.

The City shall have the power to issue revenue bonds for the purpose of financing the acquisition, construction, extension, improvement or repair of any municipal revenue producing facilities, but no such bonds shall be issued unless the same shall first be authorized by the affirmative vote of a majority of those electors voting on the question of incurring such indebtedness at any election at which such question is submitted to the electors of the City. The Council may issue and sell bonds so authorized, may fix the terms and conditions thereof, and may make, fix and establish such covenants, conditions, terms and provisions as it deems necessary or desirable to facilitate the issuance and sale of the bonds or for the protection and security of the holders thereof. Bonds issued pursuant to this section shall not be general obligations of the City but shall be payable, principal and interest, solely from revenues or other special funds specifically pledged to that purpose.

ARTICLE XIII Franchises

The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to use the public streets, ways, alleys and places as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment, necessary or convenient in connection with its transportation, communication, water, light, heat, power, refuse collection, storage, cable television, or any other public utility or service. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter. (Amended by the electorate of the city at an election held November 5, 2002)

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 (15) days of the passage thereof in the official newspaper. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution.

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 grant, or deny, the franchise, subject to the right of referendum of the people.

Every franchise shall state the term for which it is granted, which may be indeterminate.

An indeterminate franchise shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with the terms by the possessor thereof.

Any franchise granted by the City with respect to any given utility facilities shall be in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee, to any rights under such franchise, with respect to such utility facilities within the limits of the City as they now or may hereafter exist. The acceptance of any franchise hereunder shall operate as an abandonment of all such other franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted.

Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall constitute a continuing agreement of such grantee that, if and when the City shall thereafter annex, or consolidate with, additional territory, any and all other such franchises, rights and privileges owned by the grantee therein shall likewise be deemed to be abandoned within the limits of such territory.

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 herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or at a price determined in a manner prescribed by law.

By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and shall further agree to:

• (a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power;

• (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise;

• (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operation under such franchise;

• (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct, or if the public peace, health, safety or welfare so demands; and

• (e) Pay to the City, during the life of the franchise, such compensation as the City Council may prescribe in the grant.

ARTICLE XIV Miscellaneous

Unless the provision or the context otherwise requires, as used in this Charter;

"Shall" is mandatory and "may" is permissive.

"City" is the City of Placentia and "department," "board," "commission," "agency," "officer," or "employee," is a department, board, commission, agency, officer, or employee, as the case may be, of the City of Placentia.

"County" is the County of Orange.

"State" is the State of California.

The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine not exceeding One Thousand Dollars ($1000.00), or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. Any person convicted of a violation of any provision of this Charter, or, in a civil action determined to have violated any provision of this Charter, shall also be liable, and shall reimburse the City, for all costs incurred by the City in the investigation of the violation and enforcement of the City Charter. (Amended by the electorate of the city at an election held November 5, 2002)

If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby.