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HomeMy WebLinkAboutCC Ord 939 1974-07-22 ...' ~ I I I ---..;::: ." , . . ORDINANCE NUMBER cr~'r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF SEAL BEACH, PROVIDING fOR THE SUBMISSION OF THE SAME TO THE QUALIFIED ELECTORS THEREOF FOR ADOPTION AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 1974, CONSOLIDATED WITH THE SrATE- WIDE GENERAL ELECTION, ANO OECLARING THIS ORDINANCE TO BE EFFECTIVE IMMEDIATELY. The City Council of the City of Seal Beach does ordain as follows: Section 1. That the following amendments to the Charter of the City of Seal Beach shall be submitted to the qualified electors of the City for adoption at a special municipal election to be held in said City on November 5, 1974, and consol idated with':the state-wide general election to be held on said date; that the Charter Amendments submitted to the voters shall be as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2. That the polls for said election shall be opened at 7 o'clock a.m. for the day of said election and shall remain open continually from that time until a'o'clock p.m. of said day, when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. Section 3. That the ballots to be used as said special election in addition to any other matters required by law, shall be printed substantially as follows: Charter Amendment No. 1 Shall the Charter of the City of Seal Beach be amended by deleting from Section 515 the YES legal descriptions of Councilmanic Districts but retaining the last paragraph specifying NO the procedures for redistricting the City? Charter Amendment No. 2 Shall the Charter of the City of Seal Beach be amended to require equal representation by all districts on all City boards and YES commissions by specifying that appointments to boards and commissions be made by each NO member of the City Council subject to majority vote of the City Council? " I I I , , , Page two'- Ordinance Number~ Charter Amendment No. 3 Shall the Charter of the City of Seal Beach be amended to add Section 422 limiting the consecutive terms of office for City Council to two full terms? YES NO Charter Amendment No. 4 Shall Section 1013 of the Charter be amended YES to read "120 days" instead of "60 days" for the final independent audit and report? NO Charter Amendment No. 5 Shall Sections 400, 404, and 502 of the Charter of the City of Seal Beach be amended to provide that the General Municipal Election be held on YES the second Tuesday in May and that the ejected officials shall take office on the seventh day following the General Municipal Election, and NO reorganization of the City Council to take place that same date? Charter Amendment No. 6 Shall Section 402 of the Charter of the City of Seal Beach be amended to read "Compensation. The members of the City Council shall receive as compensation for their services the sum of One Hundred Fifty Dollars per month. Said YES compensation may be adjusted on order of the City Council on or after August 1 in even numbered years based on changes in the yearly Average Consumer Price Index published by the NO United States Department of labor from the average index for the 1973-74 fiscal year. Each member of the City Council shall receive I reimbursement on order of the City Council for Council authorized traveling and other expenses necessari ly' incurred in the performance of official dut,ies."1 -Charter Amendment No. 7 Shall Section 417 of the Charter of the City of Seal Beach be amended to authorize the City Council to reduce the penalty from misdemeanor to infraction for violation of specific City ord i nances1 YES NO .' I I I ~ Page three - Ordinance Number~ Section 4. That a cross (I) placed in the voting square after the word "YES" in the manner herinbefore provided shall be counted in favor of the adoption of the proposition. A cr.oss ( 1 placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted aga\nst the adoption of the proposition. Section 5. That the special election hereby called for and the date herinbefore specified shall be and is hereby ordered consolidated with the state-wide general election to be held on sa,i.d date, and within said city, the precincts, polling places, and officers of election for the special municipal election hereby called shall be the same as those provided for in said state-wide general election. The Board of Supervisors of Orange County is hereby authorized to order the consolidat,ton of the special municipal election hereby called wi th said state-wide general e.l,ectipnl ai1ldcsa,bd Board 0 of Supervisors .i.s hereby authorized,.-to canvass the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot, namely the ballots used at said general election shall be used. Said Board of Supervisors sha-rrcertify the results of the canvass of the returns of said special municipal election to the City Council of said City and shall bbereafter declare the results thereof. Section 6. That notice of the time and place of holding said election is hereby given and the City Clerk is heceby authorized, instructed, and directed to give such further notice of said election in time, form and manner as required by law. Section 7. Pursuant to Section 416 of the City Charter this ordinance shall take effect and be in force immediately upon its adoption. Section 8. The City Clerk shall certify to the passage and adoption of this Ordiannce by the City Council and shall cause the same to be ~osted as required by law. PASSED, APPROVED, AND ADOPTED by the City Council _~ ~he City o~al Beach at a meeting thereof held on the .;?~y of AJLc'J 1974. Mayor Thomas I. ATTEST: r Clerk , ' Page four - Ordinance Number 9.39 I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council of the City of Seal Beach, do hereby certify to the passage and adoption of the foregoing ordinance by the City t;oUJ1c i I at a regu J ar meet i ng thereof he I d on the --='..;;JA,.fl.. day of (,~~" ,1974, by the following vote: r./ I A Counci lmen&4I'LI1.M~'L~Jr/f:t,u!r:t' )/o-/4oJlJ councilmen~ - ABSENT: councilmen~ AYES: NOES: I I I I I Ordinance Number E X H I BIT "A" CHARTER AMENDMENT NUMBER ONE THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTION 515 OF ARTICLE V THEREOF TO READ AS FOLLOWS: ARTICLE V Section 515. Councilmanic Districts. ,The five members of the City Council shall be elected by districts the boundaries of which shall be as defined by ordinance adopted by the City Council. In 1980 and each lOth year thereafter, the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be in accord- ance with constitutional requirements, fair and logical, the City Council may by ordinance change and redefine the boundaries of any or all of such districts. The boundaries so defined shall be established in such manner that the district shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent district or districts. CHARTER AMENDMENT NUMBER TWO THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTION 802 OF ARTICLE VIII THEREOF TO READ AS FOLLOWS: ARTICLE VIII Section 802. Appointments. Terms. The number of members to comprise such boards and commissions shall" be specified by ordinance if not specified by this Charter. The members of each of such boards shall be commissioned and appointed by motion of the City Council adopted by at least three affirmative votes. Each member of the City Council shall nominate one qualified elector from said member's district to serve on each such board or commission. All such nominations shall be confirmed by at least three affirmative votes of the City Council. Such nominees shall hold no paid office or employment in the City government and shall serve for terms to be fixed by ordinance, and until their respective successors are appointed and qualified, subject to removal by motion of the City Council adopted by at least three affirmative votes. The members first appointed to such boards and commissions shall so classify themselves by lot that each succeeding July lst the term of one of their number shall expire. If the total number of members of a board or commission exceeds four, the classi- fication by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one member shall expire on each succeeding July lst. Ordinance.Number CHARTER AMENDMENT NUMBER THREE THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY ADDING SECTION 422 TO ARTICLE IV THEREOF TO READ AS FOLLOWS: I ARTICLE IV Section 422. Members of the City Council. Consecutive Elective Terms. A member of the City Council shall not be elected to more than two consecutive elective four year terms. CHARTER AMENDMENT NUMBER FOUR THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTION 1013 OF ARTICLE X THEREOF TO READ AS FOLLOWS: ARTICLE X I Section 1013. Independent Audit. The City Council shall employ at the beginning of each fiscal year, a certified public account- ant who shall, at such time or times as may be specified by the City Council, and at such other times as he shall determine, examine the offical books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and all such other officers, employees or departments as the City Council may direct. Within one hundred twenty days after the end of the fiscal year, unless such time shall be extended by the Council, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to each member, one to the City Manager, Treasurer and City Attorney, respectively, and three additional copies to be placed on file in the office",of the City Clerk where they shall be available for inspection by the general public. CHARTER AMENDMENT NUMBER FIVE THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTIONS 400 AND 404 OF ARTICLE IV, AND BY AMENDING SECTION 502 OF ARTICLE V THEREOF TO READ AS FOLLOWS: ARTICLE IV Section 400. Elective Officers. The elective officers of the City shall consist of a City Clerk elected from the City at large, a City Treasurer 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 I respective successors qualify (except that the terms may be lengthened or shortened by not more than three months by change on the election date provided for in Article V). The term of ~ each elective officer shall commence on the seventh day following ~~ I~ e~ection at the hour of the completion of the canvass of the ~ elee,"on return" 1 I 1 Ordinance N~ber" ARTICLE IV Section 404. City Council, Presiding Officer, Mayor. (a) Upon the completion of the canvass of the election returns of any municipal election at which any member or members of the City Council is or are elected, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. He shall be the official head of the City for all ceremonial purposes. The Mayor shall also act in a liaison capacity between the City Council and the City Manager, and in such capacity shall advise the City Manager on matter of Council policy. He shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. (b) Mayor Pro Tempore. At the time as a Mayor is selected, the City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. ARTICLE V Section 502. General Municipal Elections. General municipal elections for the election of officers shall be held in the City on the second Tuesday in May in each even-numbered year commencing with the year 1976. 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. CHARTER AMENDMENT NUMBER SIX THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTION 402 OF ARTICLE IV THEREOF TO READ AS FOLLOWS: ARTICLE IV Section 402. Compensation. The members of the City Council shall receive as compensation for their services the sum of One Hundred Fifty Dollars per month. Said compensation may be adjusted on order of the City Council on or after August 1st in even-numbered years based on changes in the yearly average Consumer Price Index published by the United States Department of Labor from the average index for 1973-74 fiscal year. Each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses necessarily incurred in the performance of official duty. I I I Ordinance "Number CHARTER AMENDMENT NUMBER SEVEN THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY AMENDING SECTION 417 OF ARTICLE IV THEREOF TO READ AS FOLLOWS: ARTICLE IV Section 417. Ordinances. Violation. Penalty. A violation of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California or may be redressed by civil action. Provided, however, the City Council may by ordinance provide that a violation of a specific ordinance shall constitute an infraction with such prosecution, redress and penalty provisions as may be set forth in said ordinance. The maximum fine and imprison- ment or other penalty for the violation of any city ordinance shall be the same as is provided in the laws of the State of California for the violation of an ordinance of a general law city as the laws of the State now provide or as they may hereafter be amended.