HomeMy WebLinkAboutCC Res 916 1956-02-07
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ORIO:l"A Or-'-'CI.li::L COpy
'E TAKEN F,~OM
CLERK'S OFFICE
RESOL UTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH CALLING A GENERAL
MUNICIPAL ELECTION, APPOINTING ELECTION
OFFICERS, DESIGNATING POLLING PLACES, PRO':
VIDING FOR THE OPENING AND CLOSING OF THE
POLLS AND FOR THE COMPENSATION OF ELEC-
TION OFFICERS, PROVIDING FOR THE OFFICES TO
BE FILLED AND THE MEASURES TO BE VOTED UPON
AND FIXING THE DUTIES OF THE CITY CLERK
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WHEREAS, \t \s necessary that a regular general munic\pal elec-
hon be held on 'tuesday, April 10, 1956, for the purpose of f\lhng certain
offices on the legislahve body of the CIty of Seal Beach, and for the purpose
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of electing a C\ty Clerk and a CUy Treasurer; and
WHEREAS, the election laws of the State of Cahfornia provide that
the C\ty Council take certain action in respect to such election; and
WHEREAS, the C\ty CounCIL desires to submIt to the voters and
electors of the CL ty of Seal Beach certain proposed ordinances at said elec-
tion;
NOW, THEREFORE, the City Council of the City of Seal Beach
does resolve as follows:
SECTION 1: That pursuant to the election laws of the State of
Cahforma, it \s hereby ordered, and the City Council does hereby call, a
regular general municipal elect\on to be held and conducted on Tuesday,
AFill0, 1956.
SECTION 2: That the polls shall be opened at the hour of seven
o'clock A. M. of sa\d election day and be kept open contInuously until the hour
of seven o'clock P.M. of such day, when the polls shall be closed.
SECTION 3: That the City Council \ntends to canvass absent voter
ballots on Apr\l17, 1956, m the City Council Chambers at the hour of 7:30
o'clock P. M.
SECTION 4: That the City Counc\l intends to canvass the returns
of said elechon on Tuesday, AprIL 17, 1956, at the CIty Counc\l Chambers at
the hour of 7:30 o'clock p. M. of said day.
SECTION 5: That each of the election offl.cers shall be paid the
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1 sum of $10.00 as full compensation for their services in conducting the said
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2 elechon.
3 SECTION 6: That the sum of $10.00 be paid as and for rent for
4 each polhng place used In said election.
5 SECTION 7: That eight precincts be established for the purpose
6 of holding said election, consisting of the regular precincts estabhshed for
7 holding c.unty and state elections, to Wit:
8 ;PRECINCT NO. 1
9 Polhng Place Seal Motel, 501 Central Avenue
Seal Beach, Cahfornia
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12 Polling Place 312 Fourteenth Street
Seal Beach, California
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~~ 15 Polllng Place 201 Eighth Street
7.E ~.. Seal Beach, Cahfornia
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Seal Beach, California
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20 PRECINCT NO. 5
21 Polhng Place 112 Central Avenue
Seal Beach, Cahfornta
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23 PRECINCT NO. 6
24 Polling Place 125 Dolphin Avenue
Seal Beach. California
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I 26 PRECINCT NO. 7
27 Polhng Place 205 Fourth Street
Seal Beach, California
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29 PRECINCT NO. 8
30 Polling Place 1003 ElectriC Avenue
Seal Beach. Cahfornta
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32 SECTION 8: That the foLlowlng persons shall be the election
PAISE 2.
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lP-spector:
Judge:
Clerk:
Clerk:
~RECINCT NO.8
~uth L. Calkins
Anna M. Fink
Margaret Applegate
Lou\se ColUer
2,29 Thl'rteenth Street
1003 Electric Avenue
1203 Electric Avenue
319 Main Street
SECTION 9: That the City Clerk is hereby author\zed and d\rect-
ed to comply with all of the apphcable provis\ons of the election laws of the
State of Califorma m order that said election may be held, and in parhcular
shall comply with the followipg Sechons of the Elect\Ons Code of the State of
Cahforn\a: 9750, 9751, fJ752, 9754, 9755, 9850, 9917, 9919, 9920, 9753,
9754. 1.
SECTION 10: That sa\d election is for the purpose of fLlhng certain
off\ces and to submit certain measures to the voters.
SECTION 11: That the off\ces to be filled at sa\d elect\on are two
seats on the legislative body or City Council of said C\ty of Seal Beach, and
the elechon of one City Clerk of said City and the elechon of one C\ty Treasur-
er of sa\d C\ty.
SECTION 12: That the Cityt'o\l:4&u-w\ll submit to the voters a ..
certam proposihon for the adoption of an ordinance at said e lechon to be known
as Ord\nance No. 483, a copy of wh\ch is attached hereto and made a part here-
.f by reference, and that said proposed ordinance will appear on the ballot at
said election as Propos\hon No. 1 as follows: "Shall the ord\nance making it
unlawful to drill for, or erect, construct or install any derr\ck, machinery or
apparatus for the purpose of drilling for or producing 0\1, gas or other hydro-
carbon substances from any well located w\thin the upland porhon of the terri-
toriallimds and boundaries of the C\ty of Seal Beach, Cahfornia, and provid-
mg penalties for the v\olation thereof, exempt\l1g therefrom the tand and terri-
tory within the Naval Ammumt\on and Net Depot, and further exempting any
territory annexed after January 1, 1956, and repeahng Ordinance No. 446,
be adopted?"
SECTION 13: That the City Council wi.ll subm\t to the voters a
certain propos\tion for the adoption of an ordinance at sa\d etect\on to be known
as Ordmance No. 484, a copy of wh\ch \s attached hereto and made a part her -
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of by reference, and such proposed ordlnance wlll appear on the ballot at said
elechon as Proposition No. 2 as foLLows: "Shall the Clty adopt the Clty
Manager form of government?"
SECTION 14: That the Clty Councl1 will submlt to the voters a
certain proposition for the adoptlon of an ordlnance at sald electlon to be known
as Ordinance No. 4 a 5, a copy of which is attached hereto and made a part
hereof by reference, and that said proposed Ordinance wlll appear on the ball ot
at sald election as Proposition No. 3 as follows: "Shall the Clty COl,Ulcil be
authorized and dlrected to formulate and place lnto operatlon an employees'
retirement plan and be authorized to fu: a special tax levy of not more than
lat! per $100.00 valuation of all property in the City of Seal Beach In order to
fmance the City's contrlbution in such proposed plan?"
SECTION 15: The Clty Clerk shall certify to the passage and
adoptlon of the Resolutlon by the City Councl1.
PASSED, APPROVED AND ADOPTED by the City Council of the
Clty of Seal Beach at a regular meetlng thereof held on the 7th day of February,
1956.
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$TA TE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, F. W. HICKMAN, Clty Clerk of the Clty of Seal Beach and ex-
officl0 Clerk of the Clty Councl1, do hereby certify that the above and foregoing
Resolutlon was duly passcl, approved and adopted by the City Councl1 of the
City of Seal Beach at a regular meehng thercof held on the 7th day of February,
1956, by the following vote:
AYES Councl1men k..N".e~ ,.i44M6-It"" tf4~ 1'01 €c.#/" c:;
NOES Councl1men AJtM.l6"'-"
Z>A-5S6l> aOC,4t$IG4n1 .t:.;4uJ #i?~b
ABSENT Councllmen -1/()AI~
Dated:
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ORDINANCE NO. 4-t 3
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The People: of the City of Seal Beach, California, do ordain as
follows:
Section 1. It is hereby declared to be unlawful and a nuisance for
any person, wl1ether as principal. agent. servant, employee or otherWLse. to
drill any well for o\l. gas or other hydrocarbon substances upon those por-
tions of the territorlal timits and boundaries of the City of Seal Beach lymg
landward from the Paciflc Ocean or produce oil or gas or other hydrocarbon
substances from any well so located. or to erect. construc t or install. or
cause to be erected. constructed or installed. or to work upon or assist \n
any way in the erectlon. construction or installation of any derr\ck. machin-
ery or other apparatus or equipment designed or intended to be used for the
purpose of drl11ing or producmg any such well located landward from the
Paclflc Ocean, except that the provis\on hereof shall not apply to the land and
terrltory lying within the area commonly known as the United States Naval
Ammunition and Net Depot. and further. the foregoing shall not apply to any
territory which may be annexed to the City from and after January 1, 1956.
Section 2. Every person vlolat\ng any of the provlsbms of thlS
ord\nance shall be gU\lty of a misdemeanor, and upon conv\ctlon thereof. shall
be punlshed by a flne not exceedmg Three Hundred Dollars ($300.00). or by
lmprisonment not exceeding three (3) months, or by both such fme and lm-
prlsonment; and every person who shall so v\olate any of the prov\sions of
thlS ordmance shall be deemed guilty of a separate offense for each day during
any portion of which the violatlon of any of the prOV\S10nS of this ordinance is
commltted, contlnued or permitted.
Section 3. Ordinance No. 446 of the City of Seal Beach lS hereby
repealed.
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ORDINANCE NO. 48 4
The People of the Clty of Seal Beach, Callfornia, do ordain as
Sect10n 1. Office of City Manager created.
6 The office of City Manager of the C1ty of Seal Beach is hereby
7 created and establlshed. The City Manager shall be appointed by the maJor..
8 ity vote of the City Council solely on the basis of his executf.ve and admmi-
9 strattve qualiflcatlons and ab111ty, and shall hold office at and during the
10 pleasure of the City Council.
Section 2. Eligibility.
Res1dence 1n the City of Seal Beach at the tf.me of appomtment shall
not be requ1red as a cond1tion of appointment; however, within 180 days after
his appointment, the C1ty Manager must be a resident of the Clty, otherwlse
the C1ty Council may declare the office of City Manager vacant.
No person elected to membership on the City Counc11, shall, sub-
sequent to such election, be eligible for appolntment as C1ty Manager of the
City of Seal Beach until one year has elapsed after he has oeased to be a
member of the City Council,
Section 3. Bond.
The C1ty Manager shall furnish a corporate surety bond to be ap-
proved by the Clty Council in such sum as may be approved by the City Coun-
cil, and shall be condit1oned on the fa1thful performance of the duties 1mposed
on the C1ty Manager as herem prescrlbed. The premium on such bond shall be
25 pa1d by the C1ty of Seal Beach.
Section 4. Absence.
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The City Manager shall appoint, subJect to the approval of the C\ty
Counc1l, one of the other officers or department heads of the City of Seal
Beach to serve as C\ty Manager, pro tempore, during the temporary absence 0
d\sabihty of the C\ty Manager, and in the event that the C1ty Manager falls to
make such appointment, the C1ty Counc1l may designate a City Manager, pro
tempore.
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Section 5. Compensation.
The Ctty Manager shall recetVe such compensation as the City
council shall from time to tim~ determine and fu:, and satd compensatiDn
shall be a proper charge against such funds of the City and the City Counctl
shall designate such funds.
Said City Manager shall be reimbursed for all sums necessartly
incurred Dr paid by him in the performance of his duties, or incurred when
traveling on bustness 'pertaining to said Cl ty under direction of the Ctty
counctl; reimbursement shall only be made, however, when a verified item-
tzed claim, setting forth the eum expended for which reunbursement is re-
quested, has been pr~sented to the Ctty Council, and by said Ctty Counctl
duly approved and allowed.
Section 6. Powers and Dubes.
The City Manager shall be the administrative head of the City
Government under the dtrection and control of the City Council, except as
otherwise provtded tn this Ordinance. He shall be responsible for the effici-
ent admtntstraUon of all the affairs of the City whioh are under hts control.
In addttlon to his general powers as admtntstratton of the affatrs of the City
whtch are under his cont rol. In addition to his general powere as admtnt-
strattVe head, and not as a limttatlon thereon, it shall be his duty and he shall
have the pDwer:
1. TD see that the laws of the State Df California pertaining to the
City and all laws and ordinances of the City are duly enforced, and that
all ,franchises, permtts and prtVileges granted by the City are fatthfully
observed.
2. To appDint, promote, disctpline, demote and remDve all heads
of deyartments, and all sllbordinate offtcers and employees of the City
except the City Clerk, the "City Attorney, and the City Treasurerl to
transfer employees frDm one department tD another, and tD consDlidate
Dr cDmbine offices, positions, departments or units under his jurisdic-
tion.
3. To exercise cDntrol over and tD supervtse tn general all de-
partments and divtstons of the City Government and an appointtVe
officers and employees thereDf except the City Clerk, the City AttDrney
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and the City Treasurer.
4. To attend aU meehngs of the City Council and its committees,
3 unless excused therefrom by the C1ty Council, except when h1S removal
4 is under cons1derat10n by the City Council. He ,shall have the right to
5 be heard by the Council but Shall have no vote on any matter before it.
6 He may also attend meetings of the Planning Comm1ssion, boards and
7 committees appointed by the Mayor or City Council, w1th the right to be
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8 heard but without any right to vote unless he shall be named by the C1ty
9 council to some board or comm1ssion with specific author1ty to vote.
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P. To recommend to the City Council for adoption such measures
and ordinances as he deems necessary or expedient.
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6. To keep the City Council at all hmes fuUy'adv1sed as to the
, financ1al cond1tions and needs of the City.
7. To prepare and submit to the C1ty Council the annual budget
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and to adm1n1ster it after adoption.
8. To prepare and subm1t to the City Council a monthly report of
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activities of city agenC1es, off1ces and departm~nts, and to prepare and
recom'!Dend to the City Council a salary plan.
9. To purchase or cause to be purchased all SUpplies for aU of
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10. To make investigations 1Oto the a:ffairs of the City and any de-
partment or dW1sion thereof, and any contract or the proper performanc
of anyobligation running to the City.
11. To investigate aU complaints in relahon to matters concern-
28 ing the adm1nistration of the government of the City and 1n regard to the
29 service ma10tained by public utilities 10 the City, and see that aU fran-
30 chises, perml,ts and pr1vileges granted by the City are faithfuUy observ-
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12. To exerC1se general superv1sion over aU public bU11dings,
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pubhc parks, streets and other public property which are under the con-
trol and jurisdiction of the City Council.
13. Te devote his entire time to the duties and interest of the City.
14. To make reports and recommendations as may be deslrable
or as requested by the Clty Councll.
15. To carry out and enforce any Council policies estabhshed with
respect to rules and regulations concerning Clty personnel.
16. To perform such other duties and exercise such other powers
as may be delegated to him from time to time by Ordinance or Resolution
of the City Councll.
17. In addition to the foregoing duties, the City Manager shall
serve in any appolllted office to which he may be qualifled and appointed
by the Clty Council, or may serve as an ex-offlclo member of all boards
and commlSSlons to whlch he shall be apPolnted by the Mayor or Clty
councll, wlth the rlght to particlpate therein but wlthout right to vote.
Section 7. Duties of Oth!!r Offlcers.
It shall be the duty of all subordinate offlcers, including the City
Clerk, the City Treasurer and the City Attorney, to cooperate with and assist
the City Manager in administering the affairs of the City most effiClently,
economically and harmoniously so far as may be conslstent" wlth their duties
as prescribed by law and the ordinances of the Clty of Seal Beach.
Section 8. Terms of Subordlnates.
Upon any appointment of a City Manager, the terms of subordlnate
officers and employees over which he has the power of appointment shall cease
upon his taking offlce, unless they are reappolnted by him, provlded, however,
that this shall not apply to the City Clerk, City Treasurer or City Attorney.
Section 9. Orders and Direction.
The Clty Council and its members shall deal with the admlllistra-
tlVe services of the City only through the City Manager, except for the purpose
of inqulry, and neither the City Council nor any members thereof shall glve
orders to any subordinates of the City Manager.
Section 10. Removal of City ;Manager.
The removal of the Clty Manager shall be only on a majority vote
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of the whole CounCil. (Subject. however. to the prOVisions of the next succeed
ing section.) In case of his intended removal by the Council. the City Manager
shaH be furmshed with a written notice stating the CouncU's mtentton to remov
him and the reasons therefor at least thirty days before the effective date of
h\s removal.
Within seven days after delivery to the City Manager of such notice
he may by written notification to the City Clerk request a pubU~ hearing before
the Council. Thereafter. the Council shall ftx a time for the public hearing,
which shaH be held at \ts usual meetmg place, but before the expiration of the
thirty day perio!i, and at which time the City MaQager shaH appear and be hear .
After furmshing the City Manager with written notice of intended
removal, the CtIbf Council may suspend him from duty. but his compensation
shaH cont\nuc until his removal by resolution of the Council passed subsequent
to the aforesaid public hearing.
In removing the City Manager. the City CounCil shaH use its un-
controHed discretion. and its action shaH be final and shaH not depend upon
any particular showing or degree of proof at the hearing. the purpose of which
\S to aHow the City Manager to publicly preaent to the City Council his grounds
of opposition to removal prior to its action.
Section 11.' Removal After Municipal Election.
Notwithstandmg the provisions of the ordmance hereinbefore enu-
merated, the City Manager shaH not be removed from office during or within
a period of mnety days next sllcceed\ng any general municipal election held in
said City at which said election a member of the Chy Council is elected. The
purpose of this provision \S to aHow any newly elected member to the City
COllncU or a reorganu:ed City C,ouncU to observe the acti.ons and ability of the
City Manager in the performance of the powers and duties of h\s office. After
the expiration of said mnety day period aforementioned, the proVisions of the
preceding section as to the removal of the said City Manager shaH apply and be
effective.
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ORDINANCE NO. 48 5
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The People of the City of Seal Beach, Caltforma, do ordain as
follows:
Secti.on 1:
That the CIty Council of the City of Seal Beach is here-
by authorized and dIrected to formulate and place lDto operation at the earhest
practIcable date a rehrement program for all full tirr.e City employees In
accordance wIth the Prelimi.nary Report on Employees' Retirement Platt to
the City Council by Van Cleve Estate ServIce, dated February 15, 1955, and
Analysis and RecommendatIons of BIds of Employees' Retirement Plan to the
City Council by Van Cleve Estate Service, dated June 8, 19&5; such program
to be placed into operatIon by Ordinance adopted by the City CouncIL.
Section 2: That the City Council i.s hereby authorized to levy an
annual special assessment for such employees' reti.rement plan at a tax rate
of not to exceed 18~ for each $100.00 property valuation of all property within
thp City of Seal Beach; such levy to be made at the time and In the manner as
other tax rates and leVIes are made.