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Home My WebLink AboutCC Res 5395 2005-11-14 RESOLUTION NUMBER 5395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDERING THAT MEASURES AMENDING THE CITY CHARTER BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON MARCH 28, 2006 I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council has previously called and given notice of the Regular Municipal Election to be held in the City on March 28, 2006, to be conducted by mailed ballot. Section 2. The City Council, pursuant to its right and authority, does hereby order submitted to the voters at such Regular Municipal Election the following measures: I Measure B-06 Shall the Seal Beach Charter be amended to change the date of the general municipal election YES - from March of even-numbered years to November of even-numbered years and to change the date of NO - the runoff election from May of even-numbered years to January of odd-numbered years? Measure C-06 YES - Shall the Seal Beach Charter be amended so that the city clerk is appointed by the city council, rather NO - than elected by the electorate? Measure D-06 . YES - Shall the Seal Beach Charter be amended to make state law govern' the filling of elective office NO vacancies? - -' , J - " , . ".., "" ... I Measure E-06.' : .... ,.. ." .../ -'~__~J' Shall the Seal Beach Charter be amended to YES - delete provisions applicable to elections held in 1964 and 1966? NO - Measure F-06 YES - Shall the Seal Beach Charter be amended to make state law govern elections on city measures? NO - I Resolution Number 5395 Measure G-06 : YES Shall the Seal Beach Charter be amended to revise the Civil Service System? NO Section 3. The text of the proposed amendments to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. Notice of the time and place of holding the election is hereby 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 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions. I PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 14th day of November, 2005 by the following vote: AYES: Council Members (t,,~/ ,/PA.a/)nici$..~ ~-a)"hz, ~ NOES: Council Members ~1.1 ABSENT: Council Members ~v ABSTAIN: Council Members ~..f I ~ 4.._.fi)- Mayor ATTEST: ,>f<~H;itt Jj/}W~/ ~ Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify I that the foregoing Resolution is the original copy of Resolution Number 5395 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 14th day of November, 2005. ,~~ f'ky "Cit Clerk Resolution Number 5395 EXHIBIT A BALLOT MEASURES AMENDING THE CHARTER OF THE CITY OF SEAL BEACH 1 MEASURE 8-06: Shall the Seal Beach Charter be amended to change the date of the general municipal election from March in even-numbered years to November of even': numbered years and to change the date of the runoff election from May of even-numbered years to January of odd- numbered years? If the voters adopt Measure B-06 ,Charter Sections 501, 502, 400, 500, 508, 509,510 and 513 would be amended to read as follows: SECTION 501. General Municipal Elections. General municipal elections shall be held in the City on the first Tuesday after first Monday in November in even-numbered years commencing with the year 2008. The City Council may by ordinance fix another date in any even-numbered year, if such change will not extend or reduce any elective officer's term by more than 12 months. The City Council may order any special municipal election consolidated with the general municipal election by following the procedure prescribed by law for the consolidation of special elections with municipal elections held in a general law city. 1 SECTION 502, Municipal Runoff Elections, Municipal runoff elections for the election of officers shall be held in the City on the last Tuesday in January in each odd-numbered year commencing with the year 2009. If, pursuant to Section 501, the City Council has fixed another date for the general municipal election, the municipal runoff election shall be held on a Tuesday no later than seven weeks after the date fixed for the general municipal election. SECTION 400, Elective Officers, The elective officers of the City shall consist of a City Clerk elected from the City at large, and five members of the City Council, one elected from each of the five Councilmanic districts as prescribed in Article V. The terms of elective officers shall be four years and until their respective successors qualify. The term of each elective officer shall commence on the seventh day following his or her eJection at the time of the completion of the canvass of the election retums. SECTION 500, Municipal Elections. Municipal elections held in the City shall be classified as either: 1. General municipal elections. I 2. Municipal runoff elections. 3. Special municipal elections. SECTION 508. Voting for Candidates for Elective Offices at General Municipal Elections, The entire electorate of the City may vote for any candidate for the office of City Clerk. Each elector may vote for one candidate for the office of Councilmember from the district in which the elector resides. Only one person shall be elected to the City Council from each district. SECTION 509. Number of Votes Needed for Elective Offices. The City Council shall declare any candidate who receives a majority (50% plus 1) of all Resolution Number 5395 the votes cast for an office at any general municipal election to be elected to such office. If no candidate for an office receives a majority (50% plus 1) of all the votes cast, the two candidates receiving the highest number of votes at the general municipal election shall be the only candidates for such office printed upon the ballots at the municipal runoff election. The City Council shall declare the candidate who receives the most votes at the municipal runoff election to be elected to such office. SECTION 510, (Repealed 2006) SECTION 513. (Repealed 2006) 1 MEASURE C-06 : Shall the Seal Beach Charter be amended so that the city clerk is appointed by the city council, rather than elected by the electorate? If the voters adopt Measure C-06 ,Charter Sections 400, 421, 508 and 700 would be amended to read as follows: SECTION 400, Elective Officers, The elective officers of the City shall consist of five members of the City Council, one elected from each of the five councilmanic districts as prescribed in Article V. The terms of elective officers shall be four years and until their respective successors qualify. The term of each elective officer shall commence on the seventh day following his or her election at the time of the completion of the canvass of the election returns. SECTION 421. (Repealed 2006) I SECTION 508. Voting for Candidates for Elective Offices at General Municipal Elections, Each elector of the City may vote at the general municipal election for one candidate for the office of Council member from the district in which the elector resides. Only one person shall be elected to the City Council from each district. SECTION 700, Officers, The officers of the City shall be the following: (a) The five members of the City Council. (b) A City Clerk, who shall be appointed by the City Council. (c) A City Treasurer, who shall be the Finance Director. (d) A City Manager, who shall be appointed by the City Council. (e) A City Attorney, who shall be appointed by the City Council. (f) The person occupying any other office as the City Council establishes by ordinance or resolution. If Measure B-06 changing the dates of the election does not pass, but Measure C-06 making the city clerk an appointed position passes, Charter sections 508 and 513 shall be amended as follows: SECTION 508. Voting at Primary Elections. Each elector of the City may vote 1 at the primary nominating election for one candidate for the office of Council member from the district in which the elector resides. SECTION 513. Majority Elects, The candidate who shall receive the highest number of votes in the general municipal election for his/her respective office shall be declared elected to such office. Each elector of the City may vote at the general municipal election for one candidate for the office of the City Council member from the district in which the elector resides. Only one member of the City Council shall be elected from each district. Resolution Number 5395 MEASURE 0-06 : Shall the Seal Beach Charter be amended to make state law aovern the fillina of elective office vacancies? I If the voters adopt Measure D-06 ,Charter Section 403 would be amended to read as follows: SECTION 403. Vacancies. A vacancy in any elective office shall be filled in accordance with state law. MEASURE E-06 : Shall the Seal Beach Charter be amended to delete provisions applicable to elections held in 1964 and 1966? If the voters adopt Measure E-06 ,Charter Section 503 would be amended to read as follows: SECTION 503. (Repealed 2006) I MEASURE F-06 :. amended to make measures? Shall the Seal Beach Charter be state law aovern elections on citv If the voters adopt Measure F-06 ,Charter Section 514 would be amended to read as follows: SECTION 514. Measures, Initiatives, Referenda and Recalls. The electors of the City shall have the powers of the initiative and referendum and may recall Municipal Elective Officers. The provisions of the California Elections Code governing measures, initiatives, referenda and recall of municipal officers shall govern such subjects provided such provisions are not in conflict with this Charter. MEASURE G-06: Shall the Seal Beach Charter be amended to revise the Civil Service SYStem? I If the voters adopt Measure G-06 , Article IX of the Seal Beach Charter would be amended to read as follows: ARTICLE IX CIVIL SERVICE SYSTEM SECTION 900. Civil Service System. In order to: establish an equitable and uniform procedure for dealing with personnel and employment matters; attract to municipal service the best and most competent persons available; assure that appointments and promotions of employees will be based on merit and fitness as Resolution Number 5395 determined by competitive test; and provide a reasonable degree of security for qualified employees, the City Council, by ordinance, may establish a civil service system for City employees. The civil service system may include provisions for: the method of selection of city employees; the classification, advancement, suspension, discharge and termination of city employees; the consolidation and elimination of positions; and other provisions as deemed reasonable and necessary to govern personnel and employment matters of the City. The City Council may further adopt personnel rules to implement the provisions of any I ordinance. In the event of an appeal of disciplinary action of a civil service employee, the appeal may be heard by an impartial arbitrator designated by mutual agreement of the appellant and his/her representative and the City Manager, or as otherwise agreed upon through a memorandum of understanding negotiated during the collective bargaining process between the City and the applicable bargaining unit. The civil service system shall govem all employees of the City unless exempted by Section 901. SECTION 901. Exemptions, The following persons are exempt from the civil service system: (a) City Council Members; (b) Appointed persons; (c) City Attorney; (d) City Manager; (e) City Clerk; (f) Department heads; (g) Temporary, seasonal, part-time and hourly employees; (h) Any employee designated as exempt by City ordinance; (i) Volunteers; 0) Independent contractors. I The City Council, by ordinance, resolution or personnel rules, may establish provisions governing the selection, discipline and dismissal of non-civil service employees. SECTION 902, Discrimination. No person employed by, or seeking admission into employment with the City, shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief, or any other basis prohibited by law. I