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HomeMy WebLinkAboutCC Res 2160 1972-12-11 ., I I 1 ~ - . ..' RESOLUTION NUMBER ~/~() A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CAlIFORNIA, RECITING THE FACTS OF THE SPECIAL ELECTION HELD IN SAID CITY ON THE 7th DAY OF NOVEMBER 1972, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. WHEREAS, a special election was held and conducted in the City of Seal Beach, California, County of Orange, on Tuesday, November 7, 1972, as required by Ordinance Number 881 of the City of Seal Beach. WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects said election was held and conducted, and the votes cast there at received and canvassed and returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law and charter cities; and WHEREAS, pursuant to Resolution Number 2131, said special election was consolidated with the state-wide general election held on said date, that the precincts, polling places, and,officers of election for the special municipal election were the same as those provided for in said state-wide general election. and WHEREAS, said special municipal election was called for the purpose of submitting to the qualified voters of said ci.ty, Charter Amendments hereinafter set forth and attached hereto, as ,Exhibit "A". WHEREAS, said Charter Amendments were known on the state-wide general election ballot as Propositions D. E, F" G. and H and read as follows: Proposition D - Charter Amendment No. 1 Shall the Charter of the,Cfty of Se~l Beach YES be amended by repealing Sections 500 through 515 of Article V. by adding Sections 500 through 506 thereto; and by amending Sections 400, 403 and 404(a) of Article IV thereof to remove the provision requiring a primary NO municipal election and to provide for changes in the general election date and procedures? Proposition E - Charter Amendment No. 2 YES Shall the Charter of the Ctty,of Seal Beach be amended by repealing S~ct~on 915 and 916 of Article IX. and amending Sections 911, 912 and 913 thereof to provide procedures for the suspension, appeal and NO hearing of city employees under the Civil Service System? .' I Proposition F - Charter Amendment No. 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 NO duties and responsibilities of the City Manager? Proposition G - Charter Amendment No. 4 YES Shall Section 408 of the Charter of the City of Seal Beach be amended to provide for twenty-four hour notice of speci~l meetings NO of the Council? Proposition H - Charter Amendment No. 5 YES Shall Section 421 of the Charter of the City of Seal Beach be amended to provide that NO compensation of the City Clerk and the City Treasurer be fixed bv ordinance? WHEREAS, the Registrar of Voters, County of Orange, has certified as to the result of the canvass of said special municipal election consolidated with the general election held November 7, 1972 and the votes cast for and against each measure are as follows: I Proposition "0" - YES 6605 NO 6960 PropOSition "E" - YES 10370 NO 2923 Proposition "F" - YES 11034 NO 2074 Proposition "G" - YES 12280 NO 1345 Proposition "H" - YES 10478 NO 2934 NOW, THEREFORE, be it resolved by the City Council of the City of Seal Beach, California, that the certification of David G. Hitchcock, Registrar of Voters, County of Orange, hereby attached as Exhibit "B" is hereby accepted by this City Council; and BE IT FURTHER RESOLVED, that the certification of ratification by electors of the City of Seal Beach, California be forwarded to the California State Legislature for ratification as required by the California Government Code. I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal BeJ~' California, at~a meeting thereof held on the ~~ay of ~<,"'~/~M..I ,1972, by the following vote: I AYES: counci1me~.~~",.4..._ !;;(.tb~.~~ ~hJ NOES: Councilme~~~ ABSENT: councilme~ ~-" -. Resolution Number ~A~l/ Ray ~ jJ,---- ~ " ..... ~.. I , , Resolution Number .~ EXHIBIT "B" . . .- " CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA~ ss. COUNTY OF ORANGE I I, DAVID G. HITCHCOCK, Registrar of Voters of Orange County do hereby certify the following to be a full, true and correct Statement of the Vote of the CITY OF SEAL BEACH SPECIAL MUNICIPAL ELECTION, consolidated with the General Election held November 7, 1972. MEASURE "D" - CHARTER AMENDMENT YES: 6605 NO: 6960 I'IIEASURE "E" - CHARTER AMENDMENT YES: 10370 NO: 2923 MEASURE "F" - CHARTER AMENDI'IIENT I YES: 11034 NO: 2074 MEASURE "G" - CHARTER AMENDMENT YES: 12280 NO: 1345 MEASURE "H" - CHARTER AMENDMENT YES: 10478 NO: 2934 TOTAL VOTES CAST: 16589 I hereby certify that the number of votes cast for and against each measure as is set forth above appears in the Certified Abstract of Statement of the Vote entered in the Records .of the Board--of-Supervisors. o~ the County-.of'Orange. I WITNESS my hand and Official Seal this 22nd day of November, 1972. DAVID G. HITCHCOCK Registrar of Voters By ~M_AtI fit ~ Depu y . ' , . . ,I I 1 '. . , , . co Q) , ,- Resolution Number .-.. ~ CHARTER AMENDMENT NUMBER 4 THAT SECTION 408 OF THE CHARTER OF THE CITY OF SEAL BFACH BE AMENDED TO READ AS FOLLOWS: Section 408. Special Meetings. Special meetings may be ealled at any time by the Mayor, or by three members of the City'Council, b~ w~~tten notice delivered personally or by mail, to each member of the Council and to cach 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 bc delivered I'ersonally or by mail at least twenty-four (24) hours 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. S~~~ WTitteq notice may be disp~nsed with as t.o any member' who at or 'prior to the timc thc meeting convenes files with the City Clerk a vritten waiver of noti~e. A telegraphic communication from a member consenting to the holding of a meeting shall be considcred 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 AMENDHENT NUMBI;'R 5 THAT SECTION 421 OF THE CHARTER OF TilE CITY OF SEAL BF..ACH BE AMENDED TO READ AS FeLLOWS: Section 421. Compensation of the City CLerk and City Treasurer. The City Clerk and the City Treasurer shall receive, at stated , times, a compensation fixed by ordinance. . - ' r- I . I, 'I ' 1 . . '6)' Resolution Number -- -:~ . ," CHARTER A.~END~ENT Ntr.1BER THREE 'THAT SECTION 604(g); THE TITLE OF SECTION 60~.AND SECTION 1011 OF THE CHARTER OF THE CITY OF SEAL BEACH 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 th~ 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 !~nager, 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 ~hall approve stich 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 des!gnee of the City Manager shall transmit such demand, with his approval or rejection thereof, endorsed 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 }~nager, otherwise it shall require the approval of the City Council. An~ person dissatisfied with the refusal of the City Manager to approve any deul8nd, 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. - , r t <; 1- 1 1 { Resolution Number w....._. " . . CHARTER AHEND}mNT h'UMBER TWO THAT THE CHARTER OF THE CITY OF SEAL BEACH BE MIENDED BY REPEALING SECTIONS 915 ArID 916 OF ARTICLE IX; AND AMENDING SECTIONS 911, 912 AND 913 THEREOF TO READ AS FOtI.OWS: . . . Section 91l. Suspension. Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the apeointing power, but such suspensions- shall not ,exceed a total of ten~alendar days in any fiscal year. A, , depa~~nt head not having power of an appointment may make disciplinary suspension in accordance with the rules. ~ Section 912. Request for Statement of Reasons,'Appea~. Any permanent employee in the competitive service who ha~ 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 within 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 charge~ and reinstate the employee to the status held prior to the action. The employee shall have five working days after receipt of the statement ~f 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 Pe~Gonnel 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. l' Section 913. Hearing on Appeal. Upon receipt of such statement and answer the Board shall make such investigation as it 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 moaify the action taken, as in its judgment seems warranted. The action of the,Civil Service Board shall be final. " ' - , r""'ll . ~ I I 1 . . AIl.TICLE V Resolution Number 10-._ . Section 500. Municipal Elections. Munieipal elections held in the City of Seal Beach shall be classified as two kinds. to wit: (~) (2) General Municipal Elections ! I ~ . Special Municipal Elections , Section SOL. General Munieipal'Elections~ General Municipal elections for the election 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 D~striets 1, 3. and 5 shall be held at the general municipal electipttfin April, 1974 and at the general municipal election;kvery (our years th~reafter. Election for mem~era 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 yeara thereafter. Sec;!;ion 503. Special Uunic1pal Elections. elections that may be held in the City of authority of the general law of the State Charter, or by ordinance or resolution of be known as spe~ial municipal elections. All other municipal Seal Beach by the of California, this the City Council shall 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 e~ective 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 of general law cities shall 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 of the City. In the event the recall of a councilman is proposed, the recall proceedings shall be conducted among the voters of the district from which the councilman, whose recall is proposed, was ~lected. Section 506. Councilmanic Districts. The five members of the City Council shall be elected by districts numbered one (I) 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 anne~ed to or consolidated ~ith the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent distriet or districts. As a normal procedure of redistricting, in 1981 and each tenth year thereafter, the City Council shall appoint a Committee to study and report to the City Council on the advisability of redistricting the City. ..' r . I I I -- '. . Resolution Number ...... . '. . E X RIB I '!' "A" " CHARTER ~NDMENT NUMBER ONE THAT THE CHARTER OF THE CITY OF SEAL BEACH 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 q~alified. Seetion 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 t~e case of a councilman, such appointee tO,hold office until the next general municipal election and until his successor qualifies. At ~he next general municipal election following 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 expresseu in its official minut~s, 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 Counci~. In the event the City Council shall fail to fill a vacancy by appo:l,ntment within thirty days after such office shall have been so declared vacant, it shal~ 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 !!ach 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 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 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 ~myor shall serve in such capacity at the pleasure of the City Council. .. . - , r