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HomeMy WebLinkAboutReso 1970-5848 RESOLUTION N0. 5848 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF TIIE SPECIAL ELECTION HELD IN SAIll CITY ON THE 3rd DAY OF NOVEMBER, 1970, DECLARING TIIE RESULT THEREOF AND SUCH OTHER DIATTERS 7~S ARE PROVIDED BY LAW The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, a special municipal election was held and conducted in the City of Chula Vista, County of San Diego, State of California, on Tuesday, the 3rd day of November, 1970, as required by iaw, and 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 r_c.spects said election was held and conducted and the votes cast thereat received and canvassed and the returns made and declared in the 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 cities, and WHEREAS, i.he returns of said election have been duly and regularly canvassed as provided by law, and all absentee ballots, if any, returned have been canvassed as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1. That there were sixty-two (62) voting precincts established for the purpose of holding said election, consisting of consolidation of the regular election precincts as established for the holding of state and county elections. Section 2. That at said special municipal election, the following measures were submitted to the electors of said City, to-wit: PROPOSITION F Amend Article IV, Sections 400, 401, 402 and 403 thereof, and add new Section 404, to change the title of the Adminis- trative Officer to City Manager. ARTICLE IV. CITY MANAGER. Sec. 400. City Manager. Appointment; SaZar~. There shal]. be a City Manager who shall be the chief administrative officer of the City. He shall be appointed by and serve at the pleasure of the City Council. He shall be chosen on the basis of his adminis- trative qualifications and shall be paid a salary, fixed by the Council, commensurate with his responsibilities. Removal. The City Manager may be removed from office by motion of the City Council adopted by at least three affirmative votes. IneZigibiZit~. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council, nor within one year after he has ceased to be a City Councilman. -1- Sec. 401. City Manage-r. Powers and Duties. Genera.ZZz~. The City Manager shall be the head of the administrative branch of the City government. He shall be responsible to the City Council for the proper administra- tion of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appoint and remove, subject to the civil service provisions of this Charter and to the approval of the City Council, all department heads and officers of the City except elective officers and those department heads and officers, the power of appointment of whom is vested in the City Council, and pass upon and approve all proposed appointments and removals by department heads and other appointive officers; (b) Prepare the budget annually, submit such .budget to the City Council, and be responsible for its adminis- tration after adoption; (c) Prepare and submit to the City Council as of_ the end of the fiscal year a complete report on the finances and administrative activities of the City for the pre- ceding year; (d) Keep the City Council advised of the financial condition and future needs of the City and make such recom- mendations as may seem to him desirable; (e) Establish a centralized purchasing system for all city offices, departments and agencies; (f) Prepare rules and regulations governing the con- tracting for, purchasing, storing, distribution, or dis- posal of all supplies, materials and equipment required by any office, department or agency of the City govern- ment and recommend them to the City Council for adoption by it by ordinance; (g) Enforce the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City; and (h) Perform such other duties consistent with this Charter as may be required of him by the City Council. Sec. 402. Participation at Council Meetings. The City Manager shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council but shall not have a vote. Sec. 403. City Manager Pro Tempore. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or depart- ment heads of the City to serve as City A4anager pro tempore during any temporary absence or disability of the City Manager. -2- s~s~~ Sec. 404. Designation of City Manager. Upon the adoption of the change of title of the Adminis- trative Officer to City Manager by the voters of Chula Vista and approval by the State Legislature and certification by the Secretary of State, all references to the Administra- tive Officer or Chief Administrative Officer wherever they appear in the Charter of the City of Chula Vista shall be changed to City Manager. PROPOSITION G Amend Article V, Sections 500 and 501, and Article VIII, Section 801 thereof to be and to read as follows: Sec. 500. Appointment and Removal of Officers and Depart- ment Heads. (a) Appointment. In addition to the City Manager, there shall be a City Attorney and a City Clerk who shall be appointed by and serve at the pleasure of the City Council. All other, officers and department heads of the City and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. A private secretary for the City Manager shall be appointed by the City Manager, a private secretary for the Mayor and Council shall be appointed by the Council, and a private secretary for the City Attorney shall be appointed by the City Attorney. The City Attorney shall also appoint such Assistant or Deputy City Attorneys as may be authorized by the Council, subject to the approval of the City Council. Said officers and employees shall be in the Unclassified Service as hereinafter provided. (b) Removal. Officers and employees in the Unclassified Service appointed by the City Council may be removed by them at any time by a majority vote of the members of the Council, and such officers and department heads in the Unclassified Service appointed by the City Manager may be removed by him at any time and, in the case of appointees in the Unclassi- fied Service, the order of the City Council or the City Manager affecting said removal shall be final and conclusive. Any appointee or employee in the Unclassified Service so removed by the City Manager or the City Attorney may, how- ever, within five (5} days after receipt of a notice of dismissal, demand a written statement of the reasons there- for. Thereupon it shall be the duty of the City Clerk, as directed by the City Council or the City Manager, to forth- with deliver to the dismissed officer or employee a written statement of the reason for such dismissal, a copy of which shall be forthwith filed with the City Council. Upon re- ceipt of such written statement so furnished by the City Manager or the City Attorney to the City Council, the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority ti7 in- vestigate the facts set forth in said caritten communica- tion from the City Manager or the City Attorney containing the reason for said dismissal, and determine the truth or falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the City Manager or the City Attorney and file the original with the City Clerk. The dismissed appointee or employee in such cases shall have the right to file with ttie Council -_- ~,,-rya a written reply or answer to any chargers filed by the City Manager or the City Attorney. All written documents, including the City Manager's or the City Attorney's written reasons for sucr. dismissal, the wra_tten order of dismissal, and the reply of the dismissed appointee or employee, the findings and decisions of the Council, and any documentary evidence used at the hearing shall be filed with the proper officer of the City as public records, open for inspection at any time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of the City Manager or the City Attorney to remove any appointee or employee in the Unclassified Service of the City, appointed or employed by him, and all such removals shall be final and conclusive. Sec. 501. Administrative Departments. The City Council may provide by ordinance not inconsis- tent with this Charter for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, for the creation of additional departments, divisions, offices and agencies and for their alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of divisions, offices and agencies to departments, and for the number, titles, qualifications, powers, duties and compensation of all officers and em- ployees. Each department so created shall be headed by an officer as department head who shall be appointed by the City Mana- ger, subject to the approval of the City Council. Sec. 801. Unclassified and Classified Service. The Civil Service of the City shall be divided into the Unclassified and the Classified Service. (a) Unclassified Service. The Unclassified Service shall include the following officers and positions: 1. All elective officers; 2. City Manager, Director of Finance, City Clerk, City Attorney, Assistant or Deputy City Attorneys, Assistant City Manager, a private secretary to the City Manager, a private secretary to the Mayor and Council, and a private secretary to the City Attorney, and all department heads; 3. All members of boards and commissions; 4. Positions in an_y class or grade created for a special or temporary purpose and which may exist for a period of not more than ninety (90) days in any one calendar year; 5. Persons employed to render professional, scien- tific, technical or expert service of any occasional and exceptional character; and 6. Part-time employees paid on an hourly or per diem basis. -9- ~,s-~~P' (b) CZassified Service, The Classified Service shall comprise all positions not specifically included by this section in the Unclassified Service. (c) Any person holding a position or employment included in the Classified Service who, on the effective date of this Charter, shall have served continuously in such posi- tion, or in some other position included in the Classified Service, for a period of six (6) months immediately prior to such effective date, shall automatically be granted regular status in the Classified Service in the position held on such effective date, without preliminary examina- tions or other tests and shall thereafter be subject in all respects to the provisions of the Civil Service sys- tem provided for in this Charter. Any person holding such a position or employment who, on the effective date of this Charter, shall have served in the Classified Service for a period of less than six months immediately prior to such effective date shall automatically be granted the status of a probationary appointee in the position held on such effective date, without preliminary examinations or other tests, and the length of his service in the position shall be credited to his probationary period as provided for in this Article. PROPOSITION H Amend Article V, Section 505 thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 505. Director of Finance; Powers and Duties. There shall be a Finance Department headed by a Direc- tor of Finance, who shall have power and be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Mana- ger; (b) Compile the budget expense and income estimates for the City Manager; (c) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve be- fore payment all bills, invoices, payrolls, or demands against the City government and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges; (d) Maintain a general accounting system for the City government and each of its offices, departments and agencies; (e) Keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the un- encumbered balance, require reports of the receipts and disbursements for each receiving and expending agency of the City government to be made daily or at such intervals as he may deem expedient; -5 ~~y~' (f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; as of the end of each fiscal year and within one hundred and twenty days thereafter, submit to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and clositlg fund balances in the treasury, and cause said statement to be published once in the official newspaper; (g) Collect all taxes, assessments, license fees and other revenues of the City, or for whose 'collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal government; or from any court or from any office, depart- ment or agency of the City; (h) Have custody of all public funds belonging to or under the control of the City or any office, department or agency of the City government and deposit all funds coming into his hands in such depository as may be desig- nated by resolution of the City Council, or, if no such resolution be adopted, by the City Manager, and in com- pliance with all of the provisions of the State Constitu- tion and the laws of the State, governing the handling, depositing and securing of public funds; and (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. Upon the adoption of the change of title of the Finance Officer to Director of Finance by the voters of Chula Vista and approval by the State Legislature and certification by the Secretary of State, all references to the Finance Officer wherever they appear in the Charter of the City of Chula Vista shall be changed to Director of Finance. PROPOSITION J Amend Article VI, Sections 600 and 602 of the Charter of the City of Chula Vista to be and to read as follows, and repealing Section 603 thereof:. Sec. 600. In General. There shall be the boards and commissions enumerated in this Article which shall have the powers and duties set forth in this Charter. In addition, the City Council may create by ordinance such boards or commissions as, in its judgment, are required and may grant to them such powers and duties as are consistent with the provisions of this Charter. Such boards and commissions shall consult with and advise the Mayor, Council or City Manager as may be provided herein or in the ordinances establishing such boards and commissions, but they shall have no authority to direct the conduct of any department. -6- ~,sBY~' Sec. 602. Appointments; Terrns. The members of each of such boards or commissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified. Members of such advisory boards and com- missions shall be limited to a maximum of two (2) consec- utive terms and an interval of two (2) years must pass be- fore a person who has served two (2) consecutive terms may by reappointed to the commission upon which he had served; provided, further, that for the purpose of this section, an appointment to fill an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an unexpired term in excess of two (2) years shall be considered to be a full term. The limitations provided herein shall not affect any presently appointed members of boards and commissions until the expiration of the term which they presently serve. The members first appointed to such boards and commis- sions shall so classify themselves by lot that each suc- ceeding July lst the term of one (1) of their number shall expire. If the total number of members of a board or com- mission to be appointed exceeds four (4), the classifica- tion 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 (1) member shall expire on each succeeding July 1st. Sec. 603. Existing Boards. DELETE. PROPOSITION K Amend Article VI, Section 612 thereof, of the Charter of the City of Chula Vista to be and to read as follows: Sec. 612. Civil Service Commission; Powers and Duties. The Civil Service Commission shall have power and be required to: (a) Recommend to the City Council, after a public hear- ing thereof, the adoption, amendment or repeal of civil service rules and regulations not in conf lict with this Article; (b) Hear appeals of any person in the Classified Ser- vice relative to any suspension, demotion or dismissal; (c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager. (d) Such other duties and powers as the City Council may, by ordinance or resolution confer upon the commis- sion in order to carry out the principles of civil service in accordance with the laws of the State of California and tYiis Charter and to assist in the implementation of proper employee-employer relations. PROPOSITION L Amend Article III, Sections 302 and 304(c) thereof, of the Charter of the City of Chula Vista to be and to read as follows: Sec. 302. Compensation for Councilmen. The Councilmen of the City Council shall receive, as compensation for their services, the sum of five hundred dollars ($500.00) per month, and shall receive reimburse- ment on order of tre City Council for Council-authorized traveling and other expenses when on official duty out of the City, and in addition, shall receive reimbursement for actual out-of-pocket expenses incurred by them in serving as Councilmen. Sec. 304. Presiding Officer; Mayor. (c) Thy Mayor shall receive an annual salary of twelve thousand dollars ($12,000.00) per year payable at the rate of one thousand dollars ($1,000.00) per month and shall receive reimbursement on order of the Council for Council- authorized travel and other expenses when on official duty out of the City, and in addition, shall receive reimburse- ment for actual out-of-pocket expenses incurred by him in serving as Mayor. PROPOSITION M Amend Article X, Section 1000 thereof, of the Charter of the City of Chula Vista to be and to read as follows: Sec. 1000. General Municipal Elections. General municipal elections for the election of Council- men and for such other purposes as the City Council may prescribe shall be held in said City on the second Tuesday in April in each even numbered year; provided, further, that at the general municipal election in 1972 a Mayor shall be elected by the people for a term of five (5) years and thereafter a general municipal election shall be held for the purpose of electing a Mayor and for such other purposes as the City Council may prescribe on the second Tuesday of April of each fourth odd numbered year, commencing with the year 1977. Section 3. That the whole number of votes cast in said City (except absent voter ballots) was and that the whole number of absent voter ballots cast in said City was making a total of votes cast in said City. Section 4. That the propositions voted upon at said election are as set forth hereinabove. Section 5. That the number of votes given at each precinct and the number of votes given in the City for and against the propositions set forth herein are as shown in Exhibit "A", attached hereto and made a part hereof by reference. - 8- ~ s~y~ Section 6. That the City Council does declare and determine that as a result of said election, a majority of the qualified voters voting on Propositions "F", "G", "H", "J", "K" and "M", relating to Charter. changes voted in favor thereof, and that said propositions carried and shall. be deemed to be adopted and ratified, and That as a result of said election, a majority of the qualified voters voting on Proposition "L" relating to the salary of the Mayor and Councilmen did not vote in favor thereof, and that said Charter change was not carried, and shall not be deemed adopted and ratified. Section 7. That the City Clerk shall enter on the records of the City Council of said City a statement of the results of said election, showing (1) The whole number of votes cast in the City; (2) The propositions voted upon; (3) The number of votes given at each precinct for and against each proposition; and (4) The total number of votes given in the City for and against each proposition. Section 8. and adoption of this Original Resolutions passage and adoption City Council of the at which the same is G~'~/ nnie M. Fulasz, City C1 k George D. `'Lindberg, City Attorney -9- That the City Clerk shall certify to the passage resolution; shall enter the same in the Book of of said City, and shall make a minute of the thereof in the records of the proceedings of the ~ity of Chula Vista in the minutes of the meeting passed and adopted. Presented by Approved as to form.by ~~u~ ADOPTED AND APPROVED by the CITY COUNCIL ~~f the CITY OF CHUL~ VISTA, CALIFORNIA, this 10th daY of November , T9 70 , by the fo.~lowing vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAPES: Councilmen None ABSENT: Councilmen None -, - '") _ ~,.: ~ ~~ `, __, __ Mayor of the City of Chula Vis"~~~ ATTEST ` ity Clerk S°I'ATE OF CALIFORNIA COUNTY OF SAN Dl"EGO ~ ss. CITY OF CHULA VISTA Ia JENNIE M. F'ULAS~;, City Clerk of~ the City of Chula Vista, California,, DO HEREBY CERTIFY that the. ab-we and foregaing is a full,.. true and correct capy of and th~.t the same has ~a.at been amended or repealed_ DATED= C7 ty Clea~k ~~~~