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Home My WebLink AboutCC Ord 1621 2012-07-09 ORDINANCE NUMBER 1621 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND ORDERING THE SUBMISSION TO THE VOTERS OF MEASURES RELATING TO AMENDMENTS OF THE SEAL BEACH CITY CHARTER WHEREAS, under the provisions of the City Charter a General Municipal Election shall be held on Tuesday, November 6, 2012 for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at such election measures relating to amendments of the City Charter. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to §506 of the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing City Councilmembers for the full term of four years in Councilmanic District Two and Councilmanic District Four; and for the purpose of electing a City Clerk for the full term of four years; and SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following measures: (Ballot measure designations will be assigned by the County) Shall the Seal Beach Charter be amended to eliminate the YES_ municipal run-off election process? NO Shall the Seal Beach Charter be amended to make state law YES govern the waiting period for installation of newly elected NO _ officials? Shall the Seal Beach Charter be amended to allow the City YES_ Council to call an election by resolution? NO Shall the Seal Beach Charter be amended to make City Councilmembers ineligible for appointment as City Manager or YES_ as a Department Head while serving on the City Council and for NO three years thereafter? Shall the Seal Beach Charter be amended to allow the City YES Council to establish the City Manager's powers and duties by NO ordinance? Shall the Seal Beach Charter be amended to eliminate an YES_ obsolete article regarding the Board of Education? NO SECTION 3. The text of the proposed City Charter amendments to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. Ordinance Number 1621 SECTION 5. The City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar Recorder County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in Elections Code §14401. SECTION 7. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by the City Charter and other applicable law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. The City Council authorizes the City Clerk to administer such election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance, shall cause the same to be published at least three times in the official newspaper of the City of Seal Beach ten days prior to the date of the election, and entered into the book of ordinances. SECTION 11. Pursuant to City Charter §416(a), this Ordinance shall take effect and be in force immediately upon its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting held on the 9th day of Jul / 201.- . , ®� SEA` ,:\�-pRPOR4T ' ' Mayor ATTEST: ,*; ,, �? ° ,z,-;. .; .W/i. . . '/ a ' : Qf �1 Citli Clerk 'o,R4..e4927 1,1>--4 - STATE OF CALIFORNIA °c9UNTV ��== COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 9th day of July , 2012, by the foll•wing vote: / • 1 AYES: Council Members 0' / 0 a tiklAt/ 4 c---4(177 NOES: Council Members Ieil/ di ABSENT: Council Members f) L� , ABSTAIN: Council Members / 1P and do hereby certify that Ordinance Number 1621 has been published as req ired by law. • c �� 11.E req lerk Ordinance Number 1621 EXHIBIT "A" BALLOT MEASURES AMENDING THE CHARTER OF THE CITY OF SEAL BEACH (Ballot designation will be assigned by the County) Measure: YES Shall the Seal Beach Charter be amended to eliminate the municipal run-off election process? NO If the voters adopt this Measure, Charter Sections 500, 502, and 509 would be amended to read as follows: SECTION 500. Municipal Elections. Municipal elections held in the City shall be classified as either: (Amended 2006, 2012) a) General Municipal Elections. b) Special Municipal Elections. SECTION 502. (Repealed 2012) SECTION 509. Number of Votes Needed for Elective Offices. The City Council shall declare the candidate who receives the highest number of votes cast for an office at any municipal election to be elected to such office. (Amended 2006, 2012) I Measure: YES Shall the Seal Beach Charter be amended to make state law govern the waiting period for installation NO of newly elected officials? If the voters adopt this Measure, Charter Section 400 would be amended to read as follows: SECTION 400. Elective Officers. The elective officers of the City shall consist of a City Clerk elected from the City at large, and five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four (4) years and until their respective successors qualify. The term of each elective officer shall commence upon completion of the canvass and installation, which shall be performed by the deadline specified by state law. (Amended 1974, 1978, 2006, 2012) Ordinance Number 1621 Measure: YES Shall the Seal Beach Charter be amended to allow the City Council to call an election by resolution? NO If the voters adopt this Measure, Charter Section 506 would be amended to read as follows: SECTION 506. Holding Elections. The City Council shall, by resolution, order the holding of all elections. Such resolution shall conform in all respects to the general law of the State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided. (Amended 2012) Measure: Shall the Seal Beach Charter be amended to make YES City Councilmembers ineligible for appointment as City Manager or as a Department Head while NO serving on the City Council and for three years thereafter? If the voters adopt this Measure, Charter Sections 602 and 701 would be amended to read as follows: SECTION 602. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council or within three (3) years after the member has ceased to be a City Councilmember. (Amended 2012) SECTION 701. Administrative Departments. The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager. No person shall be eligible to receive appointment as a department head while serving as a member of the City Council or within three (3) years after the member has ceased to be a City Councilmember. The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two (2) or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. (Amended 2012) Ordinance Number 1621 Measure: Shall the Seal Beach Charter be amended to allow YES the City Council to establish the City Manager's powers and duties by ordinance? NO If the voters adopt this Measure, Charter Sections 604 and 605 would be amended to read as follows: SECTION 604. Powers and Duties. The City Manager shall have the powers, and shall be required to perform the duties, specified by the City Council by ordinance. (Amended 2012) SECTION 605. (Repealed 2012) Measure: Shall the Seal Beach Charter be amended to YES eliminate an obsolete article regarding the Board of Education? NO If the voters adopt this Measure, Article XII of the Seal Beach Charter would be amended to read as follows: ARTICLE XII (Repealed 2012) Ordinance Number 1621 • a. • PROOF OF PUBLICATION This space is for the County (2015.5 C.C.P.) Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen Proof of Publication of years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the T ' Council to establish the City; City of Seal Beach, County of NA M M VMSE'ORDI-, y; y y NANCE NUMBER'1621. ' Manager's powe•rs and duties Orange and which newspaper has ^+ •. ; .,. •• by'ordinance?•;• . • Pursuant Id §506 of: YES—=, :;' -: ._.- been adjudged a newspaper of the City'Charter,•the City NO._= ;.- . Council hereby calls and • '' - ' • general circulation by the Superior orders to,be•heldin the City• Shall the Seal•Beach Charter.' • of Seal Beach,California,•on'• be amended to:eliminate am Court of the County of Orange, State Tuesday,November 6,2012, . obsolete article•regarding the a General Municipal Election; Board of:Education?.: - of California, under the date of •for the.purpose of electing.r YES_. 2/24/75. Case Number A82583; that -city councilmembers'for• NO ••. the full term of four years in, c • •- ' ,Counciimanic District Two the notice of which the annexed is a Resolution•Numbe�'6278 and:Councilmanic District requested. the •Courity printed copy (set in type not smaller Four;and for,the purpose tof• of Orange that.the,City's electing a City.Clerk for the-,. General.Municipal Election than nonpareil), has been published full:term•of four years. : . be.•consolidated with the . That the City Council,pur,-• .statewide General•Election, in each regular and entire issue of suanttolts•righfand•author held on the same day:The •ity„does,order-submitted to, ,polls for-the election shall said newspaper and not in any the voters:at..the:General'bp..open at•seven'o:clock .Municipal Election;the:fol aim.of the.day of the elec supplement thereof on the following , lowing measures:."•••!.',-..�, •tion.and•shali remain open dates to-wit. ' (Ballot Measure•.designa continuously :from that time lions will.be assigned.by the until eight'O'clock,p.m of the.• VI County) ?: :•: .. . •,• same+day,when.the.,polls• }• ••, . ',. i;, .shall rberclosed;.pursuant. UL.' Shall the Seal Beach Charter; .to•Election Code §10242, be amerlded,to eliminate the except asprovided in§1:4401 all in the Oar 2012. , municipal run-ofkelection',; of•the-.Elections'Colle'ofthe. .:process? ' •, ,State'of•California::.-. 1% YES_ . CPursuant,td?Cherter.�§4■6; I certify (or declare) under penalty of "o ..-.. .s effect t ordinance'aif ce.imm e, s effect and bean force.imme that the foregoing is true and Shall the Seal Beach Charter:'diately:upon'itsfadoption: • perjury ore O g g bp'amended to niakeystate• °Ordinance:Number1621�- correct. IawLgovern the waiting peri