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HomeMy WebLinkAboutReso 1970-5868ASSEMBLY CONCURRENT RESOLUTION NO. 5868 , APPROVING CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, VOTED FOR AND RATIFIED BY THE QUALIFIED ELECTORS OF SAID CITY AT THE REGULAR MUNICIPAL ELECTION HELD THEREIN ON NOVEMBER 3, 1970 WHEREAS, proceedings have been taken and had for the proposal, adoption and ratification of certain amendments hereinafter set forth, to the Charter of the City of Chula Vista, a municipal corporation in the County of San Diego, State of Calif ornia, as set out in the certifi- cate of the Mayor and City Clerk of said City, as follows, to-wit: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) We, the undersigned, Thomas D. Hamilton, Jr., Mayor of the City of Chula Vista, and Jennie M. Fulasz, City Clerk of said City, do hereby certify and declare as follows: That the City of Chula Vista, a municipal corporation, is now and since the year 1949 has been organized and existing under and pur- suant to the provisions of a freeholders' charter adopted in accordance with and by virtue of the provisions of Section 8, Article XI of the Constitution of the State of California. That pursuant to and in accordance with the provisions of Section 8, Article XI of the Constitution of the State of California, the City Council of said City, being the legislative body thereof, on its own motion, proposed to the qualified electors of the City of Chula Vista certain amendments to the Charter of said City, which amendments were desi nated as Pro ositions "F" "G" "H" "J" "K" "L" " g P , and M , and submitted said propositions to the qualified electors of the City of Chula Vista at the special election held on November 3, 1970. That said proposed charter amendments were published and ad- vertised in the Chula Vista Star News, a newspaper duly designated and qualified as a newspaper entitled to publish legal notices, published in the City of Chula Vista, and published in the edition of September 10, 1970 and September 17, 1970, certified copies of which publications are attached hereto and made a part hereof by reference. That copies of said proposed charter amendments were printed in convenient pamphlet form and in type not less than ten point, a certified copy of which is attached hereto and made a part hereof by reference; that said pamphlets were mailed to each of the qualified electors of said city, and that until the date fixed for the election herein described, a notice was advertised and published in the Chula Vista Star News, a daily newspaper of general circulation published in the City of Chula Vista, and the official newspaper of said City, that copies of said proposed charter amendments could be had upon application therefor at the Office of the City Clerk of said City until the date fixed for said election. That said proposed amendments were submitted to the qualified electors of said City at said special municipal election held in said City. That at said election on said proposed amendments to the Charter of the City of Chula Vista, a majority of the qualified voters of the City voting on said proposed amendments voted in favor of Proposi- tions "F", "G", "H", "J", "K" and "M", and said proposed amendments were ratified by a majority of the qualified electors of said City voting thereon, as set forth in the Certificate of the Registrar of Voters of the County of San Diego, State of California on the 30th day of November, 1970, certifying the results of said election, a copy of which certificate is attached hereto and made a part hereof by reference. // C'~ -1- G~~J~ ~ ~ a That all of said proceedings were duly and regularly had and taken in accordance with Section 8 of Article XI of the Constitution of the State of California, the laws of the State of California, and the Charter of the City of Chula Vista. That as to the amendments to the Charter of the City of Chula Vista hereinafter set forth, this certificate shall be taken as a full and complete certification as to the regularity of all proceedings had and done in connection therewith. That the proposed amendments to the Charter of the City of Chula Vista which were so ratified by a majority of the electors of said City are in words and figures as follows: PROPOSITION F Amend Article IV, Section 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; SaZarz~. There shall 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. IneZigibiZitz~. 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. Sec. 401. City Manager. Powers and Duties. Generally. 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; - 2 - l~~<p ~~~ (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 Manager pro tempore during any temporary absence or disability of the City Manager. 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. ~~ _ 3- /~~ (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 to in- vestigate the facts set forth in said written 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 the Council a written reply or answer to any charges 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 such dismissal, the written 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. - 4 - ~5~6S~ r 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 any 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. (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: -5- ~~ ~ 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; (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 closing 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 all property of the City by all and agencies. current inventories of City departments, offices -6- ~~~~~~~~ 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 the City of Chula Vista to be repealing Section 603 thereof: and 602 of the Charter of and to read as follows, and 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. Sec. 602. Appointments; Terms. 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 1st 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 ~; Amend Article VI, Section 612 thereof, of the Charter of the City of Chula Vista to be and to read as follows: - 7- s~~,~ Sec. 612. Civil Service Commission; Powers and Duties. The Civil Service Commission shall have the power and be required to: (a) Recommend to the City Council, after a public hearing thereof, the adoption, amendment or repeal of civil service rules and regulations not in conflict with this Article; (b) Hear appeals of any person in the Classified Service 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 this Charter and to assist in the implementation of proper employee-employer relations. 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. And we further certify that we have compared the foregoing proposed and ratified amendments to the Charter of the City of Chula Vista with the original proposal submitting same to the electors of said City and find that the foregoing is a full, true and exact copy. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Chula Vista to be affixed hereto this 15th day of December 19 70. homas D. Hamilton, Jr., Mayor f the City of Chula Vista, California ~l `/ ~'~enriie M. Fulasz, City Clem of the City of Chula Vista, California 8 ~, seas WHEREAS, said proposed charter amendments are now submitted to the Legislature of the State of California for approval or rejection as a whole without power of alteration or amendment, in accordance with Section 8, Article XI of the Constitution of the State of California. NOW, THEREFORE, BE IT RESOLVED by the Assembly of the State of California, the Senate concurring, a majority of all the members elected to each house voting therefor and concurring therein, that said amendments to the Charter of the City of Chula Vista, herein set forth, as submitted to and adopted and ratified by the qualified electors of said City be, and the same are hereby approved as a whole, without amendment or alteration, for and as amendments to and as part of the Charter of said City of Chula Vista, California. ~~~ 9 ADGPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHUL~. VISTA, CALIFORNIA, this 15th day of foglowing vote, t.o-wlt: Decer'}ber ~.9 7~ by the AYES : Councilmen Scott, -~o~3e1, Ha~'~--ton ` ~kyde, ;~.'gdahl NAPES: ABSENT: Gounc~ imen =None Councx lmer~ lone= (s) Thomas D. Hamilton, Jr. Mayor of the City of Chula Vis~~a ATTEST (s) Jennie M. Fulasz - City Clerk SPATE OF CALIFORNIA COUNTY OF SAN DIEGO a ss. CITY OF CHULA VISTA I,, JENNTE M, F[JLASZ;; City Clerk of the City of Chula Vist-a„ California„ DO HEREBY CERTIFY that t.~ie above and foregoing ~s a full; true and cox°rect copy of__~~ R.eolution ia?o. 5F~v~3 r,_ P, and that she same has ~a.ot been amended or repealed, DATED ~ Decemlaer l~ 1~ 7~~_~.a~. '1~~% c-1iC ,~n, City C erk ~~s -~~'