THE CHARTER
The original Torrance City Charter was voted on and ratified by the qualified electors at an election held August 20, 1946, and filed with the Secretary of State January 7, 1947.
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Date Of Election |
Filed With Secretary Of State |
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April 13, 1948 |
January 7, 1949 |
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April 11, 1950 |
March 20, 1951 |
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April 10, 1956 |
January 10, 1957 |
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October 29, 1957 |
February 5, 1958 |
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April 10, 1962 |
April 26, 1962 |
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April 14, 1964 |
May 11, 1964 |
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April 12, 1966 |
May 25, 1966 |
On April 17, 1973 the qualified electors of the City of Torrance approved and ratified an amended, recodified and renumbered City Charter, which was adopted in the Assembly by Assembly Concurrent Resolution No. 19 on August 9, 1973; adopted by the Senate August 13, 1973; filed with the Secretary of State on August 13, 1973 at 3:00 P.M. The City Clerk recorded said Charter in the Office of the County Recorder on September 7, 1973 at 2:47 P.M., Document No. 4140; File No. F2507.
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Date Of Election |
Filed With Secretary Of State |
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November 5, 1974 |
January 9, 1975 |
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March 2, 1976 |
April 2, 1976 |
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November 2, 1976 |
March 25, 1977 |
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March 7, 1978 |
March 27, 1978 |
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November 8, 1988 |
May 1, 1989 |
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November 3, 1992 |
December 31, 1992 |
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November 2, 2004 |
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March 3, 2020 |
May 4, 2020 |
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Ordinance No. |
Date Adopted |
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3829 |
June 19, 2018 |
THE CHARTER OF THE CITY OF TORRANCE
TABLE OF CONTENTS
ARTICLE 1 - Name of City
ARTICLE 2 - Boundaries
ARTICLE 3 - Succession
310 Ordinances Continue in Force
320 Preservation of Personnel Rights
ARTICLE 4 - Powers of City
410 Limitations Upon General Powers of the City Council
413 Advertising, Promotion and Music
414 Limitation on Indebtedness
ARTICLE 5 - Elections
500 Procedure for Holding Elections
510 General Municipal Elections
520 Special Municipal Elections
530 Initiative, Referendum and Recall
540 1958 General Municipal Election. Repealed
ARTICLE 6 - Elective Officers
601 Eligibility for Elective Office
621 Special Powers and Duties of the Clerk
640 Election as to Making Clerk or Treasurer Appointive Offices
650 Political Activity of Those Under System
ARTICLE 7 - City Council Powers and Duties
720 Ordinances; Enactment Clause
722 Codification of Ordinances
723 Adoption of Code by Reference
724 Adoption of Ordinances and Resolutions
726 Ordinances; When Effective
727 Ordinance Violation: Misdemeanor or Infraction
ARTICLE 8 - Board of Education
ARTICLE 9 - City Manager
900 City Manager Form of Government
910 Appointment, Removal and Salary of City Manager
920 City Manager Responsible to City Council
921 Noninterference by City Council with Powers and Duties of City Manager
930 The Power of City Manager over Executive Departments
931 Special Powers and Duties of City Manager
940 Ordinance and Charter Provisions Repealed
ARTICLE 10 - City Attorney
ARTICLE 11 - Director of Finance
ARTICLE 12 - General Provisions Applicable to Officers and Employees
1220 Illegal Contracts. Financial Interest
1230 Duties of Officers and Employees
ARTICLE 13 - Civil Service
1320 Compensation; Appointive Officers and Employees
ARTICLE 14 - Fiscal Affairs
1430 Deposit of Moneys in Treasury
1431 Special Fund for Capital Outlays. Repealed
1432 Clerk's Petty Cash Fund. Repealed
1440 Presentation of Demands. Repealed
1450 Contracts on Public Works
1451 Publishing of Legal Notices
ARTICLE 15 - Airport Fund
1502 Definition of Airport Facilities
1503 Article 15 not a Covenant
ARTICLE 16 - Miscellaneous
1630 Operating Draw Poker Establishment Where Fee Charged
100 NAME.
The municipal corporation now existing and known as the City of Torrance, in Los Angeles County, California, shall remain and continue to exist a body politic and corporate, as the present, in fact and in law by the name of City of Torrance and by such name shall have perpetual succession.
200 BOUNDARIES.
The territory of the City shall be that contained within its present boundaries as now established, with the power and authority to change the same in the manner provided by law.
300 RIGHTS AND LIABILITIES.
The City of Torrance as successor in interest of the municipal corporation of the same name, heretofore created and existing, shall own, hold, possess, use, lease, control and in every way succeed to and become the owner of rights and of property of every kind and nature by said existing municipal corporation, owned, controlled, possessed or claimed, and shall be subject to all the debts, obligations, liabilities and duties of said existing corporation.
310 ORDINANCES CONTINUE IN FORCE.
All ordinances, resolutions and other regulations, or portions thereof, in force at the date this Charter takes effect and not inconsistent with this Charter, shall be and remain in force after this Charter takes effect until changed or repealed by proper authority.
320 PRESERVATION OF PERSONNEL RIGHTS.
Nothing in this Charter contained, except as specifically provided or as inconsistent with this Charter, shall affect or impair the rights or privileges of officers or employees of the City or of any office, department or agency thereof existing at the time when this Charter shall take effect.
400 GENERALLY.
The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter, and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter or by other lawful authority. The specifications in this Charter of any particular powers shall not be held to be exclusive of, or any limitations upon, this general grant of power. The City shall have the power to act pursuant to procedure established by any law of the State, unless a different procedure is established by ordinance.
410 LIMITATIONS UPON GENERAL POWERS OF THE CITY COUNCIL.
The general powers vested in the City Council by this Charter are hereby limited in the following manner:
411 TAX LIMIT.
The City Council shall not levy a property tax in excess of One Dollar on each One Hundred Dollars of the assessed value of taxable property in the City, without the assent of two-thirds of the qualified electors of the City, voting at any general or special municipal election at which a proposition to exceed such limit shall be submitted. Such limitation shall not apply to any tax that is levied for the payment of principal or interest of bonds heretofore or hereafter issued and any taxes levied for the purpose of payment thereof may be in excess of said limitation.
In addition to the levy for municipal purposes, there shall be included in every annual levy, a sufficient amount to cover all liabilities of the City for principal and interest of all bonds or judgments due and unpaid or to become due during the ensuing fiscal year and not otherwise provided for. The City Council may also levy such additional tax as is required to cover all obligations of the City to the State Employees' Retirement System or any other system for the retirement of City employees which may be provided for.
Special levies, in addition to the above, may be made annually, based on approved budget requirements, for the following specific purposes: Parks, playground and recreational centers, promotion and advertising, city planning and libraries. The proceeds of any such special levy shall be used for no other purpose than that specified.
Any unexpended or unencumbered balances resulting from such special funds shall, at the end of each fiscal year, accrue to the general fund.
412 BONDED DEBT LIMITATION.
The City shall not incur any bonded indebtedness for public improvements which shall in the aggregate exceed fifteen percent of the assessed value of all the real and personal property of the City.
413 ADVERTISING, PROMOTION AND MUSIC.
The City Council shall not expend more than five percent of the moneys accruing to the general fund in any one (1) fiscal year for advertising, promotion or music.
414 LIMITATION ON INDEBTEDNESS.
The City Council shall not incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year without the assent of two-thirds of the qualified electors of said City voting at an election to be held for the purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest of such indebtedness as it falls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty (40) years from the time of contracting the same; provided, however, anything to the contrary herein notwithstanding, when two (2) or more propositions for incurring any indebtedness or liability are submitted at the same election, the votes cast for and against each proposition shall be counted separately, and when two-thirds of the qualified electors, voting on any one (1) of such propositions, vote in favor thereof such proposition shall be deemed adopted.
500 PROCEDURE FOR HOLDING ELECTIONS.
All elections shall be held in the manner prescribed in the Elections Code of the State of California for the holding of elections in general law cities, so far as the same may be applicable and excepting as herein otherwise provided. No person shall be entitled to vote in any such election unless he shall be a qualified elector of said City or school district. The City Council may by ordinance provide a procedure for the holding of City elections, in which event such procedure shall prevail over the provisions of the said Elections Code.
510 GENERAL MUNICIPAL ELECTIONS.
General municipal elections shall be held in said City on the same day as the statewide direct primary election in each even numbered year.
(Ratified Special Municipal Election, 11/02/2004; Filed with Sec'y of State,).
520 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.
530 INITIATIVE, REFERENDUM AND RECALL.
The provisions of the Elections Code of the State of California governing the initiative and referendum shall apply to the use of the initiative and referendum in said City insofar as the same may be applicable and except as herein otherwise provided. All elective officers of said City shall be subject to recall in the manner provided in the said Elections of the State of California relating to recall of municipal officers insofar as the same may be applicable and except as herein otherwise provided.
540 1958 GENERAL MUNICIPAL ELECTION. Repealed.
600 ELECTIVE OFFICERS.
The elective officers of the City shall be the Mayor, six members of the City Council, five members of the Board of Education, the City Clerk and the City Treasurer. No person shall be a candidate for more than one of said offices at any municipal election. (Ratified Spec. Mun. Elec. 10/29/57), Amend. No. 2; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
601 ELIGIBILITY FOR ELECTIVE OFFICE.
No person shall be eligible to hold any elective office in this City unless he be a resident and elector therein and shall have resided in such City for at least thirty (30) days next preceding the date of his filing of nomination papers. If an elective officer shall cease to possess any of the qualifications for office herein set forth, or shall be convicted of a crime involving moral turpitude, or shall resign, or be adjudged an incompetent, his office shall immediately become vacant. In case a member of the City Council or Board of Education absents himself from all regular meetings of the body to which he shall belong, for a period of sixty (60) days consecutively, from and after the last regular meeting of such body attended by said member, unless by the expressed permission of such body duly recorded in its official minutes, his office shall automatically become vacant and the same shall be filled as in case of other vacancies. (Ratified Gen. Mun. Elec. 3/2/76, Amend. No. 1; Filed with Sec'y of State 4/2/76).
602 TERMS.
a) The six members of the City Council shall be elected by-district, and the remaining elective officers of the City shall be elected from the City at large and, except members of the Board of Education, shall hold office for a term of 4 years from and after the Tuesday next succeeding the date of such election and until their successors are elected and qualified. (Ratified Gen. Mun. Elec. 4/10/62, Amend. No. 2; Approved by State Legislature Concurrent Res. No. 21 on 4/13/62).
b) No person shall be elected as Mayor for more than two (2) consecutive full terms; provided, however, that such person may be successively elected to additional terms as Mayor in full compliance with this subsection where the first of such two (2) full terms succeeds the term of another person.
c) Any person elected as a member of the City Council for two (2) consecutive full terms shall not be eligible to hold office as a member of the City Council until a period of four (4) years has elapsed from the expiration of the second consecutive term. Appointment or election to an unexpired term shall not count in determining a person's eligibility under this section. Terms completed prior to this provision taking effect, shall not be counted in determining a person's eligibility under this section. Terms which are in progress at the time this provisions goes into effect, shall count as the first term of the two (2) term limit. (Ratified Spec. Mun. 11/2/76, Amend No. 1; Filed with Sec'y of State 3/25/77, Amend. No. 3; Filed with Sec'y of State 12/31/92; Amended by O-3829 6/19/2018).
603 VACANCIES.
a) Any vacancies occurring in any of the elective offices provided for in this Charter, other than of members of the Board of Education, shall be filled by appointment by the City Council. Vacancies in the Board of Education shall be filled by appointment by the Board of Education.
b) In the event of the City Council or the Board of Education, respectively, failing to fill a vacancy by appointment within 60 days after such vacancy occurs, the City Council or the Board of Education, as the case may be, must immediately, after the expiration of said 60 days, cause an election to be held to fill such vacancy.
c) Any person appointed or elected to fill any vacancy on the City Council shall hold office only until the next regular municipal election at which time a person shall be elected to serve for the remainder of such unexpired term. Any person appointed or elected to fill a vacancy on the Board of Education shall hold office for the remainder of the unexpired term.
d) In the election of member of the City Council or members of the Board of Education, where full terms and 1 or more unexpired terms are to be filled, no distinction shall be made in nomination or voting between the full terms and the unexpired terms but the person or persons elected by the highest number of votes shall be elected for the full terms or term and the persons receiving the next highest vote shall be elected for the unexpired terms or term, as the case may be. (Ratified Spec. Mun. Elec. 11-5-74; filed with Sec'y of State 1-9-75) (Ratified Gen. Mun. Elec. 3/3/20; filed with Sec'y of State 5/4/20).
604 COMPENSATION.
The members of the Board of Education shall receive no compensation for their services as such. The members of the City Council shall receive compensation in the amount of One Hundred Dollars ($100.00) per month, payable on the same dates as City employees, and in addition thereto shall receive their actual and necessary expenses while engaged on City business at the direction of the City Council. Any member of the City Council making demand for reimbursement for traveling or other expenses shall provide the Director of Finance with vouchers covering such expenses, together with a sworn statement to the effect that such expenses were actually incurred in good faith by said party while on official City business. The compensation of any member of the City Council appointed or elected to fill a vacancy shall be the same as that payable to such member whose office was vacated. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 1; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57). (Ratified Gen. Mun. Elec. 3/2/76; Amend No. 3; Filed with Sec'y of State 4/2/76). (Ratified Gen. Mun. Elec. 3/7/8, Amend. No. 7, Filed with Sec'y of State 3/20/78, Recorded with County Recorder, Los Angeles County 6/20/78).
610 THE MAYOR.
The Mayor shall preside at the meetings of the City Council, and in case of his absence or inability to act, the City Council shall appoint a Mayor Pro Tempore, who shall serve only until such time as the Mayor returns and is able to act, and for such period shall have all the powers and duties of the Mayor. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon him by virtue of his office as Mayor. 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. The Mayor shall sign all warrants drawn on the City Treasury, and shall sign all written contracts required by ordinance to be approved by the City Council and all conveyances made up or entered into by said City. The Mayor shall have the power to administer oaths and affirmations, to take affidavits and to testify the same under his hand. The Mayor is authorized to acknowledge the execution of all instruments executed by said City that are required to be acknowledged. (Ratified Spec. Mun. Elec. 10/29/57, Amend. No 2; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58). (Ratified Gen. Mun. Elec. 3/7/78, filed with Sec'y of State 3/27/78, Recorded with County Recorder, Los Angeles County 6/20/78).
620 CITY CLERK.
It shall be the duty of the City Clerk to keep a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted exclusively to such purposes, respectively. Such books shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein.
The City Clerk shall keep a book marked Ordinances into which he shall record all City ordinances with his certificate annexed to each of said ordinances stating the same to be a true and correct copy of any ordinance of said City, giving the number of said ordinances and stating that the same has been published or posted according to law. Said record with said certificate shall be prima facie evidence of the contents of each ordinance and of the passage and publication of the same and shall be admissible as such evidence in any court or proceedings.
The official records of the City in the custody of the City Clerk shall not be filed in any court proceedings or other action but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. The City Clerk shall be the custodian of the seal of the City.
The City Clerk may appoint a deputy, or deputies, from an eligible list to be prepared in accordance with the proceedings prescribed in the civil service system of the City, such deputy or deputies to receive such compensation as may be provided for by the City Council.
The City Clerk and his deputy, or deputies, shall have power to administer oaths or affirmations, to take affidavits and depositions pertaining to the affairs and business of the City, which may be used in any court or proceedings in the State, and to certify the same. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 7; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57).
The salary of the City Clerk shall be determined by the City Council. (Ratified Gen. Mun. Elect. 3/2/76, Amend. No. 3; Filed with Sec'y of State 4/2/76).
The City Clerk shall devote his entire time to the interests of the City, and shall be entitled to receive expenses, vacation periods and sick leave, with pay, the same as prescribed by the civil service ordinances of the City for heads of departments. (Ratified Gen. Mun. Elec. 4/14/64, Amend. No. 1 ; Approved by State Legislature Concurrent Res. No. 62 on 5/7/64).
621 SPECIAL POWERS AND DUTIES OF THE CLERK.
a) The City Clerk shall keep at least one (1) original copy of each contract and conveyance executed or accepted by direction of the City Council. Said documents shall be kept in a secure manner and sufficiently indexed to enable a person readily to ascertain matters contained therein.
b) The City Clerk shall maintain a central records system for storage of all records of the various City departments referred by the various departments. Such records shall be readily available to the various departments and the public. Said documents may be retained either in their original state or as photographed, microphotographed, or reproduced on film in a form approved for permanent photographic records by state law. Said documents shall be sufficiently indexed to enable a person readily to ascertain matters contained therein.
c) The City Clerk shall supervise all micrographic or other record reproduction functions pertaining to City records retention under his control.
d) The City Clerk, subject to the provisions of Section 500 of this Charter, shall conduct all municipal elections as shall be required by law, and shall keep and maintain the necessary records and facilities for registering voters, administering oaths of office, and accepting the filing of election and campaign documents in accordance with law.
e) The City Clerk shall be the agent for service of legal process on the City of Torrance.
f) The City Clerk shall conduct openings of bids for public works projects undertaken by the City.
g) The City Clerk shall acknowledge the execution of all instruments executed by the City that are required to be acknowledged.
h) The City Clerk shall have such other powers and perform such other duties not otherwise delegated or in conflict with this Charter as may be assigned by the City Council.
i) The City Clerk may delegate and/or redelegate the performance of any of the foregoing duties among employees of the Clerk's office.
j) The City Clerk, or Deputy City Clerk may attest the signatures of City officials on written contracts or conveyances. (Ratified Gen. Mun. Elec. 3/7/78; Amend. No. 1; Filed with Sec'y of State 3/27/78; Recorded with County Recorder, Los Angeles County 6/20/78).
630 CITY TREASURER.
It shall be the duty of the City Treasurer to receive and safely keep all moneys which shall come into his hands as City Treasurer. He shall comply with all provisions of law governing the deposit and securing of public funds. He shall also comply with all the provisions of the general laws of the State governing the handling of such trust funds as may come into his possession. He shall 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 his 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. He shall at regular intervals, at least once each month, submit to the Director of Finance a written report and accounting of all receipts, disbursements and fund balances, a copy of which report he shall file with the City Council.
The City Treasurer may appoint a deputy, or deputies, from an eligible list to be prepared in accordance with the proceedings prescribed in the civil service system of the City, such deputy or deputies to receive such compensation as may be provided by the City Council. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 8; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57).
640 ELECTION AS TO MAKING CLERK OR TREASURER APPOINTIVE OFFICES.
The City Council may submit to the electors at any special or general municipal election, the question as to whether the City Clerk or City Treasurer, or either of them, shall be appointed by the City Council instead of being elected, as provided in this Charter. If a majority of votes cast on any such proposition are in favor of the appointment of such officers, or either of them, then at the expiration of any such official's term of office, or on the occurrence of a vacancy in such office, such office shall be filled by appointment by the City Council and the appointee shall hold office in the same manner as other appointive officers.
650 POLITICAL ACTIVITY OF THOSE UNDER SYSTEM.
No person in the classified service of the City shall seek or accept election, nomination or appointment as an officer of a political club, or organization or take an active part in a county or municipal campaign or serve as a member of a committee of such club, organization or circle, or seek signatures to any petition or act as a worker at the polls, or distribute badges, pamphlets, dodgers or handbills of any kind, favoring or opposing any candidate for election, or for nomination to a public office or for nomination to a county or municipal public office; provided, however, that nothing in this Act shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political group or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to any public office.
Any willful violation hereof, or violation through culpable negligence shall be sufficient grounds for the discharge of any such officer or employee.
700 LEGISLATIVE POWERS.
The legislative powers of the City shall be vested in the City Council and the people through the initiative and referendum.
710 ORGANIZATION MEETING.
The City Council shall meet on the Tuesday next suceeding the date of the holding of any general municipal election. (Ratified Spec. Mun. Elec. 10/29/57, Amend. No. 2; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
711 REGULAR MEETINGS.
The City Council shall hold regular meetings at least once in each month, at such times as it shall fix by ordinance or resolution, and may adjourn any regular meeting to a date 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. Any adjourned meeting may likewise be adjourned.
712 ADJOURNMENT.
In the event that any order of adjournment of a regular meeting fails to set the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held on the day specified in the order of adjournment, if held at the hour set forth in the ordinance or resolution prescribing the time for regular meetings.
713 SPECIAL MEETINGS.
Special meetings may be called at any time by the Mayor, or by a majority of the members of the City Council, upon compliance with the notice requirements for special meetings prescribed by state law; provided, however, that any special meeting of the City Council shall be a validly called special meeting, without the giving of such written notice, as provided, if all members of the City Council shall give their consent, in writing, to the holding of such meeting, and such consent is on file in the office of the City Clerk at the time of holding such meeting. A telegraphic communication from a Councilman consenting to the holding of the meeting shall be deemed to be a consent in writing, within the meaning of the terms as expressed in the foregoing sentences. At any special meeting the powers of the City Council to transact business shall be limited to matters referred to in such written notice or written consent. (Ratified Gen. Mun. Elec. 3/7/78, Amend. No. 3, Filed with Sec'y of State 3/27/78, Recorded with County Recorder, Los Angeles County 6/20/78).
714 PLACE OF MEETINGS.
All regular or special meetings of the City Council shall be held within the corporate limits of the City, at such place as may be designated by ordinance or resolution, and shall be open to the public. If, by reason of fire, flood or other disaster or emergency, it shall be unsafe to hold a Council meeting at the designated place, the City Council may meet during such emergency at such place as is designated by the Mayor or by three members of the City Council. The City Council shall have the right and privilege to hold and conduct its meeting in accordance with an agenda and may specify the matters which shall be considered at each meeting and shall have the right to establish a time at which all communications shall be on file in the Office of the City Clerk in order that such communications may be considered at the next regular meeting of the City Council. (Ratified Gen. Mun. Elec. 4/11/50, Amend No. 5; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51).
715 QUORUM.
At any meeting of the City Council, a majority of said Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. In the absence of all of the City Council from any regular meeting or adjourned regular meeting the City Clerk may declare the same postponed and adjourned to a stated day and hour, and must thereupon deliver or cause to be delivered personally to each member of the City Council a written notice of such adjournment at least three hours before the time to which said regular or any adjourned regular meeting has been adjourned. Whenever in this Charter a certain proportion of the Council is required for the performance of any act, it shall mean such proportion of the entire membership of the Council.
716 COUNCIL PROCEEDINGS.
The City Council shall judge of the qualifications of its members and of all election returns, and determine contested elections of all City officers. It may establish rules for the conduct of its proceedings and punish any member or other person for disorderly behavior at any meeting. It shall have the power and authority to examine witnesses under oath and compel the attendance of witnesses and the production of evidence before it by subpoena. Such subpoenas shall be issued in the name of the City and be attested by the City Clerk. Such subpoenas shall be served by the Chief of Police and the disobedience of such subpoenas, or the refusal to testify, shall constitute a misdemeanor for which prosecution may be had in any court of competent jurisdiction. It shall cause the City Clerk to keep a correct record of all its proceedings and at the desire of any member, the City Clerk shall call the roll, and shall cause the ayes and noes taken on any question to be entered in the record journal.
720 ORDINANCES; ENACTMENT CLAUSE.
The enacting clause of all ordinances shall be substantially as follows: 'The City Council of the City of Torrance does ordain as follows:' Every ordinance must be signed by the Mayor and attested by the City Clerk.
721 ORDINANCES: PUBLICATION.
At the time any ordinance is introduced to the City Council, the City Attorney shall prepare and submit a summary of the said ordinance. Upon adoption of an ordinance, the City Council may determine that the summary of the said ordinance shall be published in a newspaper of general circulation, printed, published and circulated within the City, or that the full ordinance shall be so published. In the event the City Council shall determine that a summary shall be published, it shall approve the summary as submitted or may modify it.
The City Clerk shall thereafter cause either the said ordinance, or the summary thereof approved by the City Council, to be published within fifteen (15) days after its adoption at least once in a newspaper of general circulation, printed, published and circulated within the City. If there is no such newspaper, then each such ordinance must be posted in at least three (3) public places within the City.
In the event the summary is published, the names of the Council Members voting for and against shall be shown. (Ratified Spec. Mun. Elec. 11/8/88, Filed with Sec'y of State 5/1/89).
722 CODIFICATION OF ORDINANCES.
Any and 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, may be compiled, consolidated, revised, indexed, including such re-statements and substantive changes as may be necessary in the interest of clarity and arranged as a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose which ordinance shall be required to be adopted and approved in the manner provided in this Charter for the passage of ordinances of the City. The ordinance code itself need not be published in the manner required for other ordinances, but not less than three (3) copies of such code shall be filed, for use and examination by the public, in the office of the City Clerk, prior to the adoption thereof. After the code has been adopted, all ordinances thereafter adopted shall be amendatory and revisory of the code, and no section of the code shall be revised or amended by reference but the section revised or amended shall be readopted and published at length as revised or amended.
723 ADOPTION OF CODE BY REFERENCE.
Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing, wiring or other subjects which require extensive regulations, after having been arranged as a comprehensive code, may be adopted by reference by the passage of an ordinance for such purposes; which ordinance may be adopted in the same manner as specified for the adoption of a comprehensive ordinance code.
724 ADOPTION OF ORDINANCES AND RESOLUTIONS.
No ordinance of any kind shall be passed by the City Council on the day of its introduction, nor within five (5) days thereafter, nor at any time other than a regular or adjourned regular meeting. At the time that an ordinance or resolution is up for final passage, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by motion of the City Council regularly made and approved by the unanimous vote of those present. In the event that any ordinance is materially altered after its introduction, the same shall not be finally adopted except 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.
No resolution or any order for the payment of money shall have any validity or effect unless passed by the votes of at least four (4) members of the City Council, and no ordinance shall have any validity or effect unless passed by the votes of at least four (4) members of the City Council. (Ratified Spec. Mun. Elec. 10/29/57, Amend. No. 2; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
725 ORDINANCES; WHEN REQUIRED.
Every act of the City Council establishing a fine or other penalty, or granting a franchise, creating a commission, board or agency, or in any way restricting or governing the use of property, and in addition thereto, every act required by the City Charter to be done by ordinance shall be by ordinance. (Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 6; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51).
726 ORDINANCES; WHEN EFFECTIVE.
No ordinance shall become effective until thirty (30) days from and after the date of its final passage, except an ordinance calling or otherwise relating to an election, or to a street improvement proceeding taken under some law, or ordinance determining the amount of money necessary to be raised by taxation, or fixing the rate of taxes to be levied, or an ordinance for the immediate preservation of the public peace, health, or safety, which contains a declaration of facts constituting its urgency, and is passed by a five-sevenths vote of the City Council. An ordinance for the immediate preservation of the public peace, health or safety which contains a declaration of the facts constituting its urgency and is passed as aforesaid, may be introduced and passed at one and the same meeting and the requirement that no less than five (5) days shall intervene between the introduction and final passage shall not apply to such an ordinance. (Ratified Spec. Mun. Elec. 10/29/57, Amend No. 2; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
727 ORDINANCE VIOLATION: MISDEMEANOR OR INFRACTION.
A. A violation of any ordinance of the City may be prosecuted by the authorities of the City either as a misdemeanor or an infraction, as the City Council may determine, in the name of the People of the State of California, or may be redressed by civil action, or both, at the option of said authorities.
B. For any ordinance of the City adopted after the effective date of this amended section, the City Council shall declare at the time of adoption whether the violation of such ordinance shall be a misdemeanor or an infraction or alternatively, a misdemeanor or infraction pursuant to Section 17(d) of the California Penal Code.
C. For each ordinance adopted before the effective date of this amended section, the City Council may determine, by the adoption of an ordinance or ordinances that the violation of any such previously adopted ordinances shall be an infraction, or alternatively a misdemeanor or an infraction pursuant to Section 17(d) of the California Penal Code. (Ratified Gen. Mun. Elec. 3/7/78, Amend. No. 6, Filed with Sec'y of State 3/27/78, Recorded with County Recorder, Los Angeles County 6/20/78). (Ratified Spec. Mun. Elec. 11/8/88, Filed with Sec'y of State May 1, 1989).
728 ORDINANCE PENALTY.
The maximum fine or penalty for any violation of an ordinance of this City which is a misdemeanor, shall be the sum of One Thousand Dollars ($1000), or a term in the County Jail or in the City Jail for a period not exceeding six (6) months, or by both such fine and imprisonment, or as otherwise provided in Section 36901 of the California Government Code. The maximum fine or penalty for violation of any ordinance of this City which is an infraction, or which is charged as an infraction, shall be provided in Section 36900 of the California Government Code. By ordinance or resolution of the City Council, any persons imprisoned for a violation of any ordinance may be compelled to labor on the streets or other public property or works within the City. (Ratified Spec. Mun. Elec. 11/8/88, Filed with Sec'y of State 5/1/89).
800 BOARD OF EDUCATION.
a) The control of the public schools of this City shall be vested in the Board of Education, which shall consist of five members; the qualifications and removal of which shall be as prescribed in this Charter.
b) Notwithstanding any other provisions of this Charter, the members of the Board of Education shall be elected at elections called, held and conducted in accordance with the Education Code of the State of California, and shall hold office for a term of four years as prescribed by law for members of governing boards of unified school districts. (Ratified Spec. Mun. Elec. 11/5/75; Filed with Sec'y of State 1/9/75)
810 ELIGIBILITY.
No person shall be eligible to hold office as a member of the Board of Education unless he shall have been a qualified elector of the school district for at least thirty (30) days next preceding the date of his filing of nomination papers. (Ratified Gen. Mun. Elec. 3/2/76, Amend No. 2; Filed with Sec'y of State 4/2/76).
811 VACANCIES.
If a member of the Board of Education absents himself from all regular meetings of the Board for a period of sixty (60) days, consecutively, from and after the last regular board meeting attended by such member, unless by permission of the Board expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be an elector of the school district, his office shall become vacant and shall be so declared by the Board of Education.
900 CITY MANAGER FORM OF GOVERNMENT.
The City Manager form of government shall be and the same is hereby established for the City of Torrance, a municipal corporation. The office of City Manager in and for the City of Torrance is hereby established.
910 APPOINTMENT, REMOVAL AND SALARY OF CITY MANAGER.
Within sixty days after this amendment shall have become effective, the City Council shall appoint without reference to the provisions of any civil service ordinance rule or regulation, a City Manager, who need not be a resident at the time of his appointment. Said City Manager, however, shall become a resident of Torrance within six months from the date of his appointment. The City Manager must be a citizen of the United States, not less than thirty years of age, and shall be a person of demonstrated administrative ability, with experience in responsible executive positions and he shall be chosen by the City Council solely upon the basis of his executive and administrative qualifications.
The City Manager shall be appointed for an indefinite term and shall be removable at the pleasure of the City Council but only upon the adoption of a resolution by the affirmative vote of at least a majority of the members of the City Council. The City Manager, however, shall not be removed until after the expiration of six (6) months after the date of his appointment except (1) for conviction of a felony or (2) for conviction of a crime prescribed by statute applicable to municipal officials or (3) upon the passage of a resolution adopted by the unanimous vote of all City Councilmen. After the expiration of said six (6) months period, said City Manager may be removed by the City Council for either of the two reasons set forth in exceptions 1) and 2) above, and/or in the manner set forth in said exception 3) last mentioned and/or in the manner following:
At a regular meeting of the City Council, it shall adopt a Resolution of Intention to remove said City Manager, which resolution shall be approved by a majority of the members of the City Council and shall set forth the grounds for such proposed removal. A certified copy of said Resolution of Intention shall then be served personally upon said City manager who shall have the right to defend himself against said charges before said City Council at a public hearing and at a time to be fixed by it, which shall be not less than two weeks after the service of said Resolution of Intention upon said City Manager and not more than thirty (30) days thereafter.
The City Council may thereupon, or within five (5) days thereafter, enact a resolution by an affirmative vote of a majority of the members of said City Council, either discharging said City Manager or retaining him in office, as it may by such resolution determine.
Pending such hearing and by said Resolution of Intention, the City Manager may be suspended from office, but shall be entitled to his salary during the time of such suspension, if reinstated.
The salary of the City Manager shall be not less than Five Hundred Dollars ($500.00) per month, payable in equal semi-monthly installments. Subject to the foregoing limitations, the salary of the City Manager shall be fixed by resolution of the City Council adopted by a majority vote and salary thus fixed cannot be reduced without notice to the City Manager and an opportunity to be heard thereon at a public meeting of the City Council prior to adoption of the resolution reducing his salary.
In case of absence, suspension, or disability of the City Manager, the City Council may designate some qualified person to perform the duties of the office during his absence, suspension or disability. In case of a vacancy in the office of City Manager, the City Council shall proceed immediately to appoint a new City Manager.
The City Manager shall be entitled to vacation periods and sick leave, with pay, but in no event shall the basis of such pay be less than the basis prescribed for such compensation by the civil service ordinance of the City of Torrance for heads of municipal departments. Subject to the foregoing limitations, the City Council shall determine the extent of such periods and the compensation to be paid the City Manager during the same. Vacation periods and sick leave shall not respectively accumulate in excess of thirty (30) days.
920 CITY MANAGER RESPONSIBLE TO CITY COUNCIL.
The City Manager shall be responsible to the City Council for the proper and efficient management of all the affairs of the City placed in his charge hereby or by the City Council.
921 NONINTERFERENCE BY CITY COUNCIL WITH POWERS AND DUTIES OF CITY MANAGER.
Neither the City Council nor any member thereof, shall in any manner, direct or request the City Manager to appoint or remove any person to and/or from any office or position of employment of the City. Neither the City Council nor any member thereof shall give orders or instructions publicly or privately, to any person under the jurisdiction of the City Manager. No member of the City Council shall undertake to coerce the City Manager in respect to any of his duties and/or any municipal contract, and/or in connection with the purchase of any municipal supplies.
930 THE POWER OF CITY MANAGER OVER EXECUTIVE DEPARTMENTS.
The City Manager shall have supervision and control over all heads of departments, except the City Attorney, and elective officials of the City, and shall have the power to direct and control the administrative and executive functions of such departments and shall have power to appoint from the civil service eligible list, all heads of departments except the City Attorney, and elective officials of said City, and shall have power to prefer charges against such heads of such departments as are appointed by him in the manner prescribed by and in accordance with the provisions of any civil service ordinance of said City applicable to suspension, discipline or removal of such heads of such departments, but any decision of the Civil Service Board or the Trial Board, as the case may be, upon any such charges may be overruled by an affirmative vote of four members of the City Council.
The City Manager may recommend to the City Council, setting forth reasons therefor, the abolition, suspension or consolidation of the duties and functions of any of the heads of departments, chief officials, subordinate officers and employees of the City. The City Council may thereafter, at any time, abolish, suspend or consolidate any such duties or functions in accordance with such recommendations or as it may determine, and thereafter remove the person or persons affected from the employment of the City, whose duties are thus abolished, suspended or consolidated.
931 SPECIAL POWERS AND DUTIES OF CITY MANAGER.
The City Manager shall be specifically charged with the performance of the following duties and shall have the following powers, in addition to those enumerated above:
a) He shall enforce all municipal ordinances, franchises, leases, contracts, permits and privileges granted by the City.
b) He shall purchase all supplies, property or equipment needed or required by the City in accordance with such regulations as the City Council shall prescribe by ordinance.
c) He shall prepare and submit to the City Council an annual budget estimate at least two (2) months prior to the date when the annual tax rate must be established, and in this connection, the City Manager shall have plenary power to demand of the various executive departments and elective officials of the City a full and complete statement of the estimated expenditures of such departments and elective officials for the ensuing fiscal year, and the reasons for such expenditures. The City Manager may include or exclude such items from said budget estimate as he may deem advisable. Should any such head of such department or elective official fail to submit such a statement within thirty days after demand, the City Manager shall thereupon have the right to take possession of all books and fiscal records of such department or elective official and retain the same thereafter until such time as the City Council shall order them returned to such department head or elective official and the City Council may likewise engage the service of such subordinate employees as may be necessary to maintain such books and records.
The City Council shall hold at least two (2) public hearings upon said annual budget estimate and may increase the total estimated expenditures set forth therein only upon an affirmative vote of four (4) members of the City Council.
d) He shall make such recommendations to the City Council or the County Board of Equalization regarding taxes, assessments and/or the annual assessment roll as he may deem advisable.
e) He shall have general supervision and control over all City property, including public buildings, parks and playgrounds.
f) He shall advise the City Council concerning the financial needs, conditions, and requirements of the City, and may make such recommendations to the City Council in connection therewith as he may deem advisable.
g) He shall attend all meetings of the City Council or of the members thereof when public matters are under consideration or discussion, except when his suspension, removal or reduction of his salary is under consideration by the City Council.
h) He may examine, without notice, the official conduct or the official accounts or records, of any officer or employee of the City.
i) The City Manager shall devote his entire time to the interests of the City and shall not engage in any private business.
j) He shall perform such other duties and powers as may be conferred upon him by the City Council by resolution or ordinance.
k) The City Manager may delegate and/or redelegate any of the foregoing duties to any municipal department or to the head or chief official of any such department. (Ratified Gen. Mun. Election 4/13/48, Amend. No. 2; Approved by State Legislature Concurrent Res. No. 8 1/6/49) (Ratified Spec. Mun. Elec. 11/5/74, Filed with Sec'y of State on 1/9/75)
940 ORDINANCE AND CHARTER PROVISIONS REPEALED.
All ordinances or parts of ordinances of the City of Torrance and all sections, subsections or parts of sections of this Charter, in conflict herewith, are hereby amended or repealed as the case may be.
941 INVALIDITY. Repealed, Gen. Mun. Elec. 3/7/78.
1000 Eligibility.
No person shall be eligible for the office of City Attorney unless he shall have been admitted to practice before the Supreme Court of the State of California and shall have been engaged in the practice of law in the State of California for at least five (5) years prior to his appointment. (Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 11; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51).
1010 POWERS AND DUTIES.
The City Attorney shall have the power and be required to:
a) Represent and advise the City Council and all City officials in all matters of law pertaining to their respective offices and/or duties.
b) Represent and appear for the City and any City officer, employee or former City officer or employee, in any and all actions or 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. The City Council, at the request of the City Attorney, may employ other attorneys to assist in any litigation or other matter of interest to the City.
c) Approve the form of all bonds given to and all contracts made by the City, and amendments thereto.
d) Prepare any and all ordinances or resolutions for the City and amendments thereto.
e) To have charge of prosecuting on the behalf of the people all criminal cases for violations of this Charter, of City ordinances or of misdemeanor offenses arising upon violation of the laws of the State.
f) The City Council, on the recommendation of the City Attorney, may appoint such assistant City Attorneys or Deputy City Attorneys as may be required to carry out the functions of the office of the City Attorney and they shall have such duties as may from time to time be assigned to them by the City Attorney. Any such assistants or deputies so appointed shall be members of the classified service of the City and shall be paid a salary commensurate with the duties assigned to them. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 2; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57).
g) On vacating the office, surrender to his successor all books, papers, files and documents pertaining to the City's affairs. (Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 11; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51).
1100 POWERS AND DUTIES.
There is hereby created and established the office of Director of Finance of the City of Torrance. The Director of Finance shall be appointed by the City Council upon the recommendation of the City Manager and shall be responsible to and under the supervision of the City Manager and shall be a member of the classified service of the City. The duties and functions of said Director of Finance shall be to:
a) Maintain and operate the general accounting system of the City and of the respective departments, offices and agencies thereof.
b) Keep and maintain, or to prescribe and require the keeping and maintaining of inventory records of municipal properties.
c) Cooperative with the City Manager and City Treasurer in establishing and maintaining sufficient and satisfactory procedures and controls over municipal revenues and expenditures in all departments of the City.
d) To assume and perform all municipal functions and duties relating to the preparation, auditing, presenting and disbursement of claims and demands against the City, including payrolls.
e) Assist the City Manager in the preparation of the annual budget and in the administration thereof.
f) Prepare and present to the City Council through the City Manager, in sufficient detail to show the exact financial condition of the City, an annual statement and report of the financial condition of the City and such other financial reports as may be required by the City Council or the City Manager.
g) Supervise such subordinate employees or assistants as may be authorized by the City Council.
h) Perform such additional duties as may be hereafter required by the City Council or the City Manager. (Ratified, Gen. Mun. Elec. 4/10/56, Amend No. 7; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57).
1200 OFFICIAL BONDS.
The City Clerk and the City Treasurer and such other officers or employees as may be required to do so by ordinance of the City Council, shall each execute a bond to the City for the faithful performance of official duties; which bonds shall be in the amount fixed by the City Council. Said bonds shall be approved by the City Council and with the exception of the bond of the City Clerk, shall be filed with the City Clerk. The bond of the City Clerk shall be filed with the Mayor. Premiums upon said bonds shall be paid by the City out of its general fund. All the provisions of any law of this State relating to the official bonds of officers shall apply to any bonds herein required or authorized to the extent that such provisions are not in conflict herewith.
1210 OATHS OF OFFICE.
All officials, officers, members of boards, or commissions and employees shall take and file with the City Clerk the oath of office required by the constitution and the laws of the State. In addition to the oath of office, and as a part thereof, the City Council shall by ordinance require all of the persons herein mentioned, including members of the City Council, to affirm their loyalty to the United States of America and its principles of government. The oath of office of the City Clerk shall be taken by and filed with the Mayor. (Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 4; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51).
1220 ILLEGAL CONTRACTS. FINANCIAL INTEREST.
No member of the City Council shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party. No City official or employee shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party, and which comes before said official or employee, or the department of the government with which he is connected, for official action. Any contract or transaction hereinabove mentioned in which any such officer or employee of the City shall be or become financially interested, shall become void at the election of the City, when so declared by resolution of the City Council.
No member of the City Council, City official or employee shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation by reason of the ownership of stock in such corporation unless said stock so owned by him shall amount to at least three (3) percent of all stock of such corporation issued and outstanding. No City Councilman or member of any board or commission shall vote on or participate in any contract or transaction in which he is directly or indirectly financially interested, whether as a stockholder of the corporation or otherwise. If any officer of the City, during the term for which he was elected or appointed, shall so vote or participate, or be financially interested as aforesaid, upon conviction thereof, he shall forfeit his office and be punished for misdemeanor.
1230 DUTIES OF OFFICERS AND EMPLOYEES.
In addition to the powers and duties prescribed by this Charter, the officers and employees of the City shall have such other powers and perform such other duties as may be prescribed by the laws of the State of California, or by ordinances, resolutions or orders of the City Council, and not in conflict with the provisions of this Charter.
1300 CIVIL SERVICE SYSTEM.
All appointments and promotions in the classified service of the City shall be made according to merit and fitness, to be ascertained, so far as practicable by competitive examination. The civil service system existing on April 10, 1962, whether created or amended in whole or in part by ordinances adopted by vote of the People or by ordinances adopted by the City Council shall continue in full force and effect; provided, however, that the City Council may amend, delete or replace any provisions of said ordinances by ordinance or ordinances by a five-sevenths vote of the City Council after consideration thereof by the Civil Service Commission. The City Council shall not have the authority to withdraw any departments, appointive officers or employees from the operation of such system, either by outright repeal of the civil service ordinances or otherwise, unless and until the withdrawal thereof shall have been submitted to the qualified electors of said City at a regular or special municipal election held in said City. Nothing contained in this Section 1300 shall repeal or modify any of the provisions of Article 9 of this Charter which established the City Manager form of government. (Ratified Gen. Mun. Elec. 4/10/62, Amend. No. 3; Approved by State Legislature Concurrent Res. No. 21, 4/13/62).
1310 APPOINTIVE OFFICERS.
Appointive officers of the City shall be a City Attorney, a City Engineer, a Street Superintendent, a Park Superintendent, a Transportation Superintendent, a Chief of Police, a Chief of the Fire Department, a Building Inspector. The City Council may also provide by ordinance for such additional appointive boards, commissions, officers, assistants, deputies and employees as it deems necessary. The Council may also provide for the holding by one (1) person of several offices, providing that such offices are not incompatible with one another.
The City Council shall have the power of appointment of all appointive officers with the exception of such deputies as it may provide for in the office of the City Clerk and City Treasurer, as to which deputies the heads of the respective departments shall have the power of appointment.
1320 COMPENSATION; APPOINTIVE OFFICERS AND EMPLOYEES.
Compensation of all appointive officers and employees of the City, other than those serving gratuitously, shall be fixed or charged by the City Council. No officer or employee shall be paid by the City any fee or emolument in addition to, or save as embraced in, the salary or compensation fixed by the Council and all fees received by such officer or employee for the performance of any of his official duties shall be paid by him into the City Treasury.
1330 RESIDENCE; OFFICERS.
All elective officers and all members of all appointive boards and commissions, excluding those composed of employees of the City of Torrance, shall be residents of the City of Torrance. (Ratified Gen. Mun. Elec. 4/11/50, Amend. No. 3; Approved by State Legislature Concurrent Res. No. 32 on 3/15/51) (Ratified Gen. Mun. Elec. 3/2/76, Amend No. 4; Filed with Sec'y of State 4/2/76)
1400 FISCAL YEAR.
The fiscal year of the City shall begin on the first day of July and end on the 30th Day of June of the following year.
1410 BUDGET.
On or before the first day of June of each year the City Manager shall submit to the City Council a proposed budget for all departments. Said budget shall include estimates for all the revenues and expenditures for all City departments for the ensuing year. This estimate shall be compiled from detailed information to be supplied by each of the departments, on blanks to be furnished by the City Manager. Such blanks shall provide for a detailed estimate of the expenses of conducting each department, as statement of expenditures for the corresponding items for the current year and the last preceding fiscal year, with reasons for increases and decreases recommended for the current year, an estimate of the amount which should be reserved for contingent or emergency purposes; an itemization of all anticipated revenues of the City; an item to be known as 'cash basis fund' to be carried over to the next ensuing fiscal year, following the fiscal year for which the budget is prepared to meet the cash requirements prior to the receipt of taxes; an estimate of the amount of money to be raised for taxes; the tax rate, which, with revenue from other sources, will be necessary to meet the expenditures proposed; a recommendation as to such funds as should be deposited in, or withdrawn from, any capital outlay fund and such other information as may be required by the City Council.
1411 COUNCIL ACTION ON BUDGET.
a) After reviewing said proposed annual budget as compiled by the City Manager from information secured from department heads, and making such modifications as it may deem advisable, the Council shall adopt the same by resolution. 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, agencies, and programs therein named.
b) After adoption of the budget, the Council may amend the budget by motion adopted by the affirmative vote of at least four (4) members. In its authorization of expenditures, either budgeted or unbudgeted, the City Council shall not incur any indebtedness in excess of the limitations imposed by this Charter.
c) After adoption of the budget, the City Manager may make such changes within the budget totals and allocations of any department during the fiscal year as he deems reasonably necessary in order to meet the City's needs or goals; provided, however, that the City Manager may not increase the number of employee positions allocated in the budget for any department without the Council having amended the budget therefor. (Ratified Spec. Mun. Elec. 11/5/74; Filed with Sec'y of State 1/9/75)
1420 TAXATION SYSTEM.
Unless otherwise provided by ordinance of the City Council, the City shall continue to use, for purposes of municipal taxation, the county system of assessment and tax collection.
1430 DEPOSIT OF MONEYS IN TREASURY.
All moneys belonging to or collected or received for the use of the City by any officer or employee thereof, shall immediately be deposited into the treasury in such manner as the City Council shall prescribe by ordinance, for the benefit of the funds to which such moneys respectively belong. Every officer or employee collecting or receiving any such moneys shall report to the City Manager for the same on the first Monday of each month or at such shorter intervals as may be prescribed by ordinance.
1431 SPECIAL FUND FOR CAPITAL OUTLAYS. Repealed.
1432 CLERK'S PETTY CASH FUND. Repealed.
1440 PRESENTATION OF DEMANDS. Repealed.
1441 DEMANDS AND AUDITS.
a) All demands against the City shall be presented and paid in accordance with such regulations as the City Council shall prescribe by ordinance.
b) The accounts of the City shall be audited at least once in each fiscal year by a person (or persons) licensed by the State of California as a certified public accountant. Such accountant(s) shall be selected by the City Council and shall not be an employee of the City. (Ratified Spec. Mun. Elec. 11/5/74; Filed with Sec'y of State 1/9/75).
1442 ACTIONS AGAINST CITY.
No suit shall be brought against the City or any Board or Commission thereof on any claim for money or damages or for the taking of property until a demand for the same has been presented as herein provided and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. All such claims must be presented within the time prescribed by law.
Every claim brought against the City or any Board or Commission thereof for money or damages or for the taking of property shall be verified by the person making the claim and 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 expenditures or alleged indebtedness or liability represented thereby. In all cases, such claims shall be approved or rejected in writing and the date thereof given. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 4; Approved by State Legislature, Concurrent Res. No. 3 on 1/9/57). (Ratified Gen. Mun. Elec. 3/7/78, Amend. No. 5; Filed with Sec'y of State 3/27/78, Recorded with County Recorder, Los Angeles County 6/20/78).
1450 CONTRACTS ON PUBLIC WORKS.
As to contracts for the construction or improvements, excluding maintenance and repair, of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials and supplies for the same, the City Council shall establish by ordinance an expenditure limit therefor above which competitive bidding shall be required. Said expenditure limit may be revised from time to time by ordinance of the City Council. Every such contract involving an expenditure in excess of said expenditure limit shall be let to the lowest reponsible bidder after notice by publication in the official newspaper by two (2) or more insertions, the first of which shall be at least ten (10) days before the time for opening bids; or if there is no newspaper, then by posting copies of such notice in at least three (3) public places in said City.
The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, or that the material or supplies may be purchased at a lower price in the open market, and after the adoption of a resolution to this effect by at least five-sevenths vote, it may proceed to have said work done or such materials or supplies purchased in the manner stated, without further observance of the provisions of this Section. Such contract may be let and such purchases made without advertising for bids, if such work, or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by at least a five-sevenths vote.
1451 PUBLISHING OF LEGAL NOTICES.
In the event that there is more than one newspaper of general circulation printed and published in the City, the City Council shall, annually, prior to the beginning of each fiscal year, publish a notice inviting bids and contract for the publication of all legal notices required to be published in a newspaper of general circulation printed and published in said City. Said contract shall include the printing and publishing of all such legal notices during the ensuing fiscal year. In the event there is only one newspaper of general circulation printed and published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. In no case shall the price charged for the publication of such notices exceed the customary rate charged by such newspaper for the publication of legal notices of a private character.
1460 FRANCHISES.
Franchises may be granted to persons, firms or corporations upon such terms, conditions, restrictions, or limitations as may be prescribed by the City Council by ordinance, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred. (Ratified Gen. Mun. Elec. 4/10/56, Amend. No. 5; Approved by State Legislature Concurrent Res. No. 3 on 1/9/57).
1500 AIRPORT FUND.
There shall be in the treasury of the City a separate fund to be designated as the Airport Fund and under such fund there may be such accounts as may be necessary or convenient. From time to time as the same are received, all fees, tolls, rentals, charges, proceeds from the sale of property, and other revenues received by the City from or in connection with the use or operation of any airport facilities owned, controlled or operated by the City shall be placed in said Airport Fund. (Ratified Spec. Elec. 10/29/57, Amend. No. 1; Approved by State Legislature Concurrent Res. No. 1 on 2/4/58).
1501 AIRPORT FUND USES.
Moneys in the Airport Fund shall be used only for the following purposes and in the following order of priority, to wit:
1) For the payment or providing for payment, including payments into any reserve or sinking funds, as the same falls due, of the principal of and interest on any bonds of the City, issued for the acquisition, construction, improvement or financing of airport facilities or for additions, betterments, extensions or capital improvements thereto.
2) For the current, necessary and reasonable costs and expenses to the City of operating and maintaining airport facilities owned, controlled or operated by the City, but without allowance for depreciation or obsolescence, or for additions, betterments, extensions or capital improvements thereto.
3) After paying or providing for all payments under subparagraph (1) above which are due or which will become due during the next ensuing twelve (12) months' period, and after paying or providing for all current costs and expenses under subparagraph (2) above, any balance which remains from time to time in the Airport Fund and the several accounts therein may be used for the purpose of acquiring, constructing, or improving airport facilities or for additions, betterments, extensions or capital improvements thereto (including deposits in reserve or depreciation reserves or accounts established for that purpose), and any part of such balance not then needed for such purposes may be used for any lawful purpose. (Ratified Gen. Mun. Elec. 4/10/62, Amend. No. 1; Approved by State Legislature Concurrent Res. No. 21 on 4/13/62).
1502 DEFINITION OF AIRPORT FACILITIES.
As used in this Article 15 the term airport facilities means all property of any kind heretofore or hereafter acquired by the City for airport purposes or for the direct or indirect development and promotion of air commerce, air manufacture, air navigation, air transportation, aviation, or for matters incidental to or used in connection with any of the foregoing, and all land (formerly known as The Lomita Flight Strip) acquired by the City from the United States of America by quitclaim deed dated March 5, 1948. (Ratified Gen. Mun. Elec. 4/10/62, Amend. No. 1; Approved by State Legislature Concurrent Res. No. 21 on 4/13/62).
1503 ARTICLE 15 NOT A COVENANT.
Nothing in this Article 15 shall be deemed to be a covenant which shall be enforceable by any holder of any bond of the City. (Ratified Gen. Mun. Elec. 4/10/62, Amend. No. 1; Approved by State Legislature Concurrent Res. No. 21 on 4/13/62).
1600 DEFINITIONS.
Whenever in this Charter the word City occurs, it means the City of Torrance, and every department, board or officer, whenever either is mentioned, means a department, board or officer, as the case may be, of the City of Torrance.
1610 INVALIDITY.
If any section or part of a section of this Charter proves to be invalid, it shall not be held to invalidate or impair the validity of any other section or part of a section, unless it clearly appears that such other section or part of a section is dependent for its operation upon the section or part of a section so held invalid.
1620 AMENDMENTS.
The Charter may be amended in accordance with the provisions of the general laws of the State of California.
1630 OPERATING DRAW POKER ESTABLISHMENT WHERE FEE CHARGED.
It shall be unlawful for any person, firm or corporation to engage in the managing, carrying on or conducting or permitting the carrying on, or permitting the use of any room, shop, apartment or other place within the City of Torrance where tables or other articles of furniture are used by the public for the playing of the game of cards, known or generally designated as draw poker and for which a fee or compensation is charged or payable by the player of such game or games within the City of Torrance. (Ratified Gen. Mun. Elec. 4/13/48, Amend. No. 3; Approved by State Legislature Concurrent Res. No. 8 on 1/6/49).
1640 EXPOSURE OF FEMALE BREASTS PROHIBITED.
It shall be unlawful and a public nuisance to expose or procure, or to counsel or assist in the exposure within the City of Torrance of, the breast or breasts of any living human female for the purpose of public display, amusement, entertainment, or in connection with the sale or service of any commodity. For the purpose of this section, female breasts shall include the medial and lateral lower quadrants, or the nipple or areola, or any other portion of the lower half of the breasts. Each such display shall be considered a separate offense subject to separate criminal prosecution. The adoption of this section shall not preclude the City Council from adopting more restrictive ordinances further regulating the aforesaid subject matter. (Ratified Gen. Mun. Elec. 4/12/66, Amend No. C; Approved by State Legislature Concurrent Res. No. 60 on 5/25/66).
1650 CITY JUDGE. Repealed.
1660 CITY COURT. Repealed.
CITY CLERK’S CERTIFICATE OF FILING
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WHEREAS, the City of Torrance has been for many years and now is a city containing more than three thousand five hundred inhabitants, as ascertained by the last preceding census taken under the authority of the Congress of the United States, and |
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WHEREAS, pursuant to the provisions of Section 8 of Article XI of the Constitution of the State of California, the City Council of the City of Torrance, being the legislative body thereof, on its own motion did frame the foregoing as a proposed Charter for the City of Torrance and by Resolution No. 1786 passed and adopted on the 1st day of July, 1946, did order the same filed in the office of the City Clerk of Torrance; |
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NOW, THEREFORE, the undersigned, A. H. Barlett, City Clerk of the City of Torrance, does hereby certify and declare that the said 'Proposed Charter of the City of Torrance' consisting of Pages 1 to 25, was duly and regularly filed in his office as City Clerk in the City Hall at Torrance on the 1st day of July, 1946, at the hour of 8:00 p.m. |
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Dated: |
July 2, 1946 |
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/s/ |
A. H. Bartlett |
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A. H. Barlett, |
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City Clerk of the City of Torrance |