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HomeMy WebLinkAboutReso 1972-6403~. ,. RESOLUTION NO. 6403 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL ELECTION HELD IN SAID CITY ON THE 11TH DAY OF APRIL, 1972, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, a regular general municipal election was held and conducted in the City of Chula Vista, County of San Diego, State of California, on Tuesday, the 11th day of April, 1972, as required by law, 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 respects said election was held and con- ducted and the votes cast thereat, received and canvassed and the 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 cities, and WHEREAS, the 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 eighty-one (81) voting precincts established for the purpose of holding said election, consisting of consolidation of the regular precincts in the City of Chula Vista and the Chula Vista City School District, as established for the holding of state and county elections. Section 2. That said regular general municipal election was held for the purpose of electing the following officers of said City and City School District, as required by laws relating to general law cities in the State of California, to-wit: One (1) Mayor of the City of Chula Vista for a long term of five (5) years; Two (2) Members of the City Council for a full term of four ( 4 ) years ; Three (3) Members of the Board of Education of the Chula Vista School District for a full term of four (4) years. Section 3. That at said regular general municipal election, the following measures were submitted to the electors of said City, to-wit: PROPOSITION A BOND PROPOSITION A: Shall the City of Chula Vista incur a bonded indebtedness in the principal sum of $3,000,000 for the purpose of the acquisition, construction and financing - 1 - of a certain municipal improvement constituting a city plan pursuant to X43603 of the California Government Code, to wit: library facilities, including landscaping, furniture, equipment, and related facilities and property necessary therefor; park facilities and related improve- ments adjacent to said library; and City administrative facilities, including landscaping furniture, equipment and related facilities and property necessary therefor. PROPOSITION B Amend Article III, Section 302 thereof, and delete Article III, Section 304, subsection (c) and renumber Article III, Section 304, subsection (d) to Article III, Section 304, subsection (c), of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 302. Compensation for Members of City Council. The members of the City Council, including the Mayor, shall receive as compensation for their services the amount prescribed by ordinance of the City Council adopted in accordance with the provisions set forth hereinafter. Said ordinance shall be adopted no later than June 1 of each year commencing on June 1, 1972 establishing the salary for the Mayor and Councilmen for the succeeding fiscal year, provided, further, that the compensation and reimbursement schedules in effect at the time this section shall have been ratified shall remain in effect until such ordinance is implemented. The City Council shall conduct at least one public hearing prior to the adoption of said ordinance. The compensation established thereby shall be in an amount equal to or less than that recommended by the Salary Review Commission, which commission shall be selected in the manner provided herein. There is hereby established a Salary Review Commission whose members shall be selected by the members of the boards and commissions of the City of Chula Vista from other than the membership of said boards and commissions. Each board and commission of the City of Chula Vista shall by majority vote select for membership on the Salary Review Commission, a Chula Vista resident who has been a resident of the City for at least one year, in the month of June of each year commencing in June of 1972. Each member so selected may serve no more than two successive one-year terms. It shall be the duty of those members appointed to the Salary Review Commission to select a chairman and to hold such meetings as may be deemed necessary in order to establish the salaries for the Mayor and City Councilmen for the succeeding fiscal year. The Salary Review Commission shall hold at least two public hearings prior to making their recommendation to the City Council. The commission shall make recommendation as to compensation of Council members on or before November 1 of each year. The City Council shall adopt an ordinance declaring their intention to establish the salaries of the Mayor and Councilmen by the ordinance referred to hereinabove on or before December 31 of each year commencing December 31, 1972. The City Council shall hold at least one public hearing prior to the adoption of said ordinance. Both the ordinance declaring the intention of the Council to establish the salaries for the ensuing fiscal year and the ordinance establishing said salaries shall be subject to the right of referendum in accordance with the provisions of the Constitution of the State of California and the Elections Code of the State of California. Members of the Council may also 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 reimbursement for actual out-of-pocket expenses incurred by him in serving as a member of the Council. PROPOSITION C Amend Article III, Section 303, Article V, Section 500, subsection (b), and Article VI, Section 605 of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 303. Vacancies. A vacancy in the office of any member of the City Council from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a Councilman or Mayor shall be elected to serve for the remainder of any unexpired term of said office. If a member of the City Council absents himself from all regular meetings of the City Council for a period of thirty days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, his office shall become vacant. The City Council shall declare the evidence of any vacancy. In the event it shall fail 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. Sec. 500. Appointment and Removal of Officers and Department Heads. (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 Unclassified Service, the order of the City Council or the City Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. Any appointee or employee in the Unclassified Service so removed by the City Manager or the City Attorney may, however, within five (5) days after receipt of a notice of dismissal, demand a written statement of the reasons therefor. Thereupon it shall be the duty of the City Clerk, as directed by the City Council or the City Manager, to forthwith 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 receipt 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 investigate the facts set forth in said written communication 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. 605. Compensation; Vacancies. The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such ex- penditures have received authorization by the City Council. Any vacancies in any board or commission, from what- ever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the City, his office shall become vacant and shall be so declared by the City Council. PROPOSITION D Amend Article V, Section 501 thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 501. Administrative Departments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions performed and the departments performing such abolished functions. - 4 - ~~o ~~~ The City Manager shall be responsible for the organi- zational structure of all departments subject to his direction, including their divisions, sections, crews, and other necessary unit components. The City Manager shall assign duties, delegate administrative powers, and provide staff for the departments for which he is responsible. The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each department so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council. PROPOSITION E Amend Article VI, Section 610, by deleting subsection (c) thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 610. Board of Library Trustees; Powers and Duties. The Board of Library Trustees shall have the power and duty to (a) Act in an advisory capacity to the City Council in all matters pertaining to City libraries; and (b) Recommend to the City Council the adoption of such bylaws, rules and regulations as it may deem necessary for the administration and protection of City libraries. PROPOSITION F Amend Article VIII, Section 803, subsection (5) thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 803. Rules and Regulations. 5. A probationary period of one year is hereby established for all officers and employees in the Classified Service after original or promotional appointment during which the officer or employee may be rejected or suspended for any period of time by the appointing authority without the right of a hearing before the Civil Service Commission; a person so rejected from a position to which he has been promoted to be reinstated to the position from which he was promoted, unless he is dismissed from the service of the City in addition to the rejection, in which event he shall have the right of a hearing before the Civil Service Commission as to such order of dismissal. PROPOSITION G Amend Article VIII, Section 805 thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 805. Temporary Appointments. (a) Temporary appointments to the head of any depart- ment where a vacancy may occur shall be made by the City Manager, subject to Council approval. (b) Temporary appointments shall be made by the head of each department in which such a vacancy may occur, subject to approval by the City Manager, of persons not on the eligible list in the event that no eligible list has been prepared for that position, or that those on the eligible list are not immediately available or during the suspension of an employee or officer, or pending final action on proceedings to review a suspension, demotion or dismissal of an employee or officer. Such temporary appointments shall not continue for a longer period than six months. No credit shall by allowed in the giving of examinations for service rendered under a temporary appointment. PROPOSITION H Amend Article XI, Section 1105 thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 1105. Budget. Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered except appropriations for specific capital projects incomplete at the end of the fiscal year. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members. PROPOSITION J Amend Article XI, Section 1106 thereof, of the Charter of the City of Chula Vista to be, and to read as follows: Sec. 1106. Tax Limits. (a) Property Taxes. The City Council shall not levy a property tax, for municipal purposes, in excess of one dollar and eighty cents ($1.80) annually on each one hundred dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electors voting on a propo- sition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City to the State Employees' Retirement System for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year. h _ ~~~~ Section 4. 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 in said City. Section 5. That the names of persons voted for at said election for Mayor of the City of Chula Vista are as follows: Thomas (Tom) Hamilton, Jr. Eugene V. Coleman Jack Cummings and That the names of persons voted for at said election for Members of the City Council are as follows: Frank A. Scott Lauren I. Egdahl Frederick A. R. Drew Fred J. Gelsomini Joseph A. Martin Lester "Les" Miller James V. Ross John Sipula and That the names of persons voted for at said election for Members of the Board of Education of the Chula Vista City School District are as follows: Armando Y. Casillas Edward A. Kemler Judith L. Bauer William M. Canedo and That the propositions voted upon at said election are as set forth hereinabove, and That the number of votes given at each pre- cinct and the number of votes given in the City to each of such person above named for the respective office for which said person was candidate and for and against the propositions set forth herein are as shown in Exhibit "A" attached hereto and made a part hereof by reference. that: Section 6. That the City Council does declare and determine Thomas Hamilton, Jr. was elected Mayor of the City of Chula Vista for a long term of five (5) years; Frank A. Scott was elected as Member of the City Council of said city for a full term of four (4) years; Lauren I. Egdahl was elected as Member of the City Council of said city for a full term of four (4) years; - 7 - ~ ~~ ~~3 Armando Y. Casil Education of the term of four (4) Edward R. Kemler Education of the term of four ( 4 ) Las was elected as Member of the Board of Chula Vista School District for a full years; was elected as Member of the Board of Chula Vista School District for a full years; Judith L. Bauer was elected as Member of the Board of Education of the Chula Vista School District for a full term of four ( 4 ) years ; and That as a result of said election, a majority of the qualified voters voting on Propositions "A", "B" and "J", did not vote in favor thereof, and that said changes were not carried and shall not be deemed adopted and ratified, and That as a result of said election, a majority of the qualified voters voting on Propositions "C", "D", "E", "F", G" and "H" did vote in favor thereof, and that said propositions carried, and shall 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, and the Chula Vista City School District; (2) The names of the persons voted for; (3) The propositions voted upon; (4) The office for which each person was voted for; (5) The number of votes given at each precinct to each person and for and against each proposition; (6) The number of votes given in the City and the Chula Vista City School District to each person and for and against each proposition. Section 8. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Sections 11565 and 11568 of the Elections Code of the State of California, shall deliver to each of such persons so elected a Certificate of Election, signed by her and duly authenticated; that she shall also administer to each person elected the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in her office. She shall also require from each of such respective persons so elected the required loyalty oath and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. Section 9. That the City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the Book of Original Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City of Chula Vista in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by J nie M. Fulasz, City C rk George Lindberg, City Atto ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of April 197 by the following vote, to-wit: AYES: Cau~,cti~mev~ Hobel, Hamilton, Hyde, Egdahl, Scott NAYES : C a uv~ c~..~m e vt None ABSENT: Cauv~eti~mev~ None ATTEST '~ `~ " ~ Cti~ C en S`~'ATE OF CALIFORNIA ) wui~TTY OF SAN DIEGO ) ss. 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