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HomeMy WebLinkAboutCC Ord 881 1972-08-14 I .1 I ~ ORDINANCE NUMBER ill 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 7TH DAY OF NOVEMBER, 1972, CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION, AND DECLARING 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 specfal municipal election to be held in said City on November 7, 1972, and consolidated 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 7:00 a.m., for the day of the said election and shall remain open continually from that time until B:OO p.m. of said day, when said polls shall be closed, except as provided in Section 14436 of the Election Code of the State of California. Section 3. That the ballots to be used at said special election in addition to any other matters required by law, shall be printed substantially as follows: Charter Amendment Number 1. Shall the Charter of the City of Seal Beach YES be amended by repealing Sections 500 through 515 of Article V; by adding Section 500 through 506 thereto; and by amending Section 400, 403, and 404(a) of Article IV thereof to remove the provision requiring a primary municipal election and to provide for changes. NO in the general election date and procedures? Charter Amendment Number 2. Shall the Charter of the City of Seal Beach YES be amended by repealing Sections 915 and 916 of Article IX; and amending Sections 911, 912 and 913 thereof to provide procedures for the suspension, appeal and hearing of city employees under the Civil NO Service System? I 1 I Ordinance Number . Charter Amendment Number 3. Shall Section 604(g); the title of Section YES 605; and Section 1011 of the Charter of the City of Seal Beach be amended to include further specifications of the financial duties and responsibilities of the City NO Manager? Charter Amendment Number 4. Shall Section 408 of the Charter of the City YES of Seal Beach be amended to provide for twenty-four hours notice of special meetings NO of the Council? Charter Amendment Number 5. YES Shall Section 421 of the Charter of the City of SeaT Beach be amended to provide that compensation of the City Clerk and the City NO Treasurer be fixed by ordinance? Section 4. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. Section 5. That the special election hereby called for and the date hereinbefore specified shall be and is hereby ordered consolidated with the state-wide general election to be held on said 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 consolidation of the special municipal election hereby called with said state- wide general election, and said Board of Supervisors is 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 shall certify the results of the canvass of the returns of said special municipal election to the City Council of said City and shall thereafter 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 hereby 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 Ordinance by the City Council and shall cause the same to be posted as required by law. Ordinance Number PASSED, APPROVED, AND ADOPTED by the City Council of/.~e City of ~Beach ~ a meeting thereof held on the /f'v day of UI ~~...,,r , 1972. . I ~41AAj ~ or ~, -- ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Jerdys Weir, City Clerk of the City of Seal Beach, CalifPrnia, hereby certify the foregoing ordinance was introduced on~~ I~ , 1972, and adopted by the City cOW1l of the Cj..ty of Sea1;B~ch at a meeting thereof held on the /- day of u.u.~a../.M.r, 1972 by the following vote: AYES, c...'n"!z.:::?:J;d.u.J,d4"'[~ NOES: Councilmen_______________ ABSENT: Councilmen ~ a+ -/d;. Cit erk I, JERDYS WEIR, CITY 1;1 ER:< OF n~E C'TY OF SEAl BEA~H, DO HEr:-:-;y ~ "'~,'?f T~ :.I.\.T TI'r: ;C;;l::r9~'G ORD!f!A~.IC'E IS TI .,:" ,,..-..,,,,,=~,.r' ,..-.r"...,r~..('... r\I(),-,r:/./ AND WAS posrD p" ~U~'''-I TO ""~'I"" ~E . ........ ..., ....... I ~_ON 'Y.f:DAV ~;d~ .~.. . ............. CITY CLERK ~~ l" " . 1 -I I . .. Ordinance Number E X H 1 BIT "A" CHARTER AMENDMENT NUMBER ONE THAT THE CHARtER OF THE CITY OF SEAL BEACII BE AMENDED BY REPEALING SECTIONS 500 THROUGH 515 OF ARTICLE V, AND BY ADDING SECTIONS 500 THROUGH 506 THERETO, AND BY AMENDING SECTIONS 400, 403, AND 404(a) OF ARTICLE IV 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. City Councilmen, the city clerk and the city treasurer shall hold office for four years succeeding their election, and until their successors are elected and qualified. Section 403. Vacancies. A vacancy in any elective office from whatever cause arising, shall be filled by appointment by the City Council of a qualified person from the city in the case of City Clerk and City Treasurer, or from the district in which the vacancy has occurred in the case of a councilman, such appointee to hold office until the next general municipal election and until his successor qualifies. At the next general municipal election fOllowi!lg the occurance of any vacancy, an officer shall be elected to serve for the remainder of the unexpired term, if any. In the event the vacancy occurs in the office of councilman, the successor shall be elected from the appropriate district. If a member of the City Council absents himself from all regular meetings of the City Council for a period of three months from and after the last regular City Council meeting attended by such member, unless with permission of the City Council expressed in its official minutes, or is convicted of a felony, or ceases to be a qualified elector of his district, his office shall become vacant and shall be so declared by the City Council. In the event the City Council shall fsil to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term unless a general municipal election will be held within six months of the occurance of the vacancy. Section 404(a). At the first regular meeting of the City Council after the General Municipal Election of each even numbered year and at its first regular meeting in April of each odd numbered year, the City Council shall elect one of its members as its presiding officer, who shall have the title of Mayor. The ~~yor 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 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. ~ , 1- 1 I Ordinance Number . ARTICLE V Section 500. Municipal Elections. Municipal elections held in the City of Seal Beach shall be classified as two kinds, to wit: (1) General Municipal Elections (2) Special Municipal Elections Section 501. General Municipal Elections. General Municipal elections for the e~ection of officers shall be held in the City on the second Tuesday in April of each even numbered year commencing with the year 1974. Section 502. Election of Officers. Election for members of the City Council for Districts 1, 3, and 5 shall be held at the general municipal election in April, 1974 an4 at the general municipal election every four years thereafter. Election for members of the City Council for Districts 2 and 4, the city clerk and the city treasurer shall be held at the general municipal election in April, 1976 and at the general municipal election every four years thereafter. Section 503. Special Municipal Elections. All other municipal elections that may be held in the City of Seal Beach by the authority of the general law of the State of California, this Charter, or by ordinance or resolution of the City Council shall be known as special municipal elections. - Section 504. Law Governing Elections. Except as otherwise provided by this Charter or Ordinance the provisions of the general law of the State of California governing the conduct of municipal elections shall govern all municipal elections of the City of Seal Beach. Section 505. Initiative, Referendum and Recall. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers or general law cities shal~ apply to the use thereof in the City in so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter or Ordinance or the City. In the event the recall of a co~ncilman is proposed, the recall proceedings shall be conducted among the voters of the district from which the councilman, whose recall is proposed, was elected. . Section 506. Councilmanic Districts. The five members of the City Council shall be elected by districts numbered one (1) to five (5) inclusive, and the boundaries of each district as presently defined, or as may be redefined by ordinance of the City Council, shall be fair and logical. Boundaries so defined shall, as nearly as practicable, constitute areas of contiguous and compact territory and provide fair representation on the City Council; provided, however, that the City Council may, from time to time when reasonable and necessary, by ordinance change and redefine the boundaries of any or all of the districts, and 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. As a normal procedure of redistricting, in 1981 and each tenth year ther~after, the City Council shall appoint a Committee to study and report to the City Council on the advisability of redistricting the City. ; Ordinance Number CHARTER AMENmmNT NUMBER TWO I, THAT THE CHARTER OF THE CITY OF SEAL BEACH BE AMENDED BY REPEALING SECTIONS 915 AND 916 OF ARTICLE IX; AND AMENDING SECTIONS 911, 9i2 AND 913 THEREOF TO READ AS FOLLOWS: Section 911. Suspension. Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall not exceed a totsl of ten calendar days in any Ziscal year. A depa~ent head not having power of an appointment may make disciplinary suspension in accordance with the rules. 1 Section 912. Request for Statement of Reasons, Appeal. Any permanent employee in the competitive service who has been suspended, demoted, dismissed, or reduced in pay shall be entitled to request a written statement of the reasons for such action. Such a request must be made in writing to the Personnel Officer withtn five working days following the action. The appointing power shall provide such employee with a written statement of charges within five working days after receipt of the request or drop such charges and reinstate the employee to the status held prior to the action. The employee shall have five working days after receipt of the statement of charges in which to answer the charges in writing, filed with the Personnel Officer. In the event the employee requests the statement and files a written answer with the Personnel Officer, the Personnel Officer shall transmit such statement and answer to the Civil Service Board. Such filing with the Civil Service Board shall constitute an appeal from the disciplinary action. Section 9l~. Hearing on Appeal. Upon receipt of such stateme~t and answer the Board shall make such investigation as jt may deem necessary and within twenty days after such receipt the board shall hold a hearing. The hearing need not be conducted according to technical rules relating to evidence. The employee shall have the right to be represented by an attorney or spokesman. Within ten days after concluding the hearing the Civil Service Board shall certify its findings and decision and shall affirm, revoke or modify the action taken, as in its judgment seems warranted. The action of the Civil Service Board shall be final. .. 1 , . . I 1 I . Ordinance Number CHARTER AMENDMENT Ntn1BER THREE THAT SECTION 604(g); THE TITLE OF SECTION 60~AND SECTION 1011 OF THE CHARTER OF THE CITY OF SEAL BF.ACH BE AMENDED TO READ AS FOLLOWS: Section 604(g). To serve as finance officer and to keep the City Council fully advised as to the financial conditions and needs of the City. The City Manager shall be the chief financial officer of the City. Title to Section 605: Financial Duties of the City Manager. Section 1011. Presentation of Demands. Any demand against the City must. be in writing and may be in the form of a bill, invoice, payroll or formal demand. Each such demand shall be presented to the financial designee of the City Manager, who shall examine the same. If the amount thereof is legally due and there remains on the City books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw a warrant on the City Treasurer therefor, payable out of the proper fund. Objections of the financial designee of the City Manager may be overruled by the City Council and warrant ordered drawn. The financial designee of the City Manager shall transmit such demand, with his approval or rejection thereof, e~Aorsed thereon, and warrant, if any, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the City Council. Any person dissatisfied with the refusal of the'City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, may approve or disapprove the demand in whole or in part. ," i 1 I I Ordinance Number . CHARTER AMENDMENT NU~mER 4 THAT SECTION 408 OF TilE CHARTER OF THE CITY OF SF..AL BEACH BE AMENDED TO READ AS F01.LOWS: ' Section 408. Special Meetings. Special meetings may be called at any time by the Mayor, or by three members of the City Council, by written notice delivered personally or by mail to each member oi the Council and to each local news- paper of general circulation, radio or television station which has filed with the City Clerk written request for such notice. Such notice must be delivered personally or by mail at least twenty-four (24) hour~ before the time of such meeting as specified in the notice. The call and notice shall specifY the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by' the ,. Council. Such written notice may be disp~nsed with as to any member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. A telegraphic communication from a member consenting to the holding of a meeting shall be considered a consent in writing. Such written notice may also be dispensed with as to any ,member who is actually present at the meeting at the time it convenes. CHARTER AMENDMENT NUMBER 5 THAT SECTION 421 OF THE CHARTER OF TIlF. CITY OF SEAL BEACH BE MIENDED TO READ AS FOLLOWS: Section'42l. Compensation of the City CLerk and City Treasurer. The City Clerk and the City ~reasurer shall receive, at stated times, a compensation fixed by ordinance. i