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HomeMy WebLinkAboutReso 1972-6431r ~Z~--~- / ~ c -~ S~ c ~% C/~ / ASSEMBLY CONCURRENT RESOLUTION NO. 6431 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 GENERAL MUNICIPAL ELECTION HELD THEREIN ON APRIL 11, 1972 WHEREAS, proceedings have been taken and had for the pro- posal, 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 California, as set out in the certificate 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 pursuant 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 Cali- fornia. 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 designated as Propositions "A", "B", '°C", "D", "E", "F", "G", "H", and "J", and submitted said propositions to the qualified electors of the City of Chula Vista at the general election held on April 11, 1972. That said proposed charter amendments were published and advertised 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 February 6, 1972, a certified copy of which publication is 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 newspaper of general circulation published in the City of Chula Vista, and the official newspaper of said City, that copies of said proposed charter amend- ments 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 quali- fied electors of said City at said general 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 - 1 - favor of Propositions "C", "D", "E", "F", "G" and "H", and said proposed amendments were ratified by a majority of the qualified electors of said City voting thereon, as set forth in the Certi- ficate of the Registrar of Voters of the County of San Diego, State of California on the 17th day of April, 1972, certifying the results of said election, a copy of which certificate is attached hereto and made a part hereof by reference. That all of said proceedings were duly and regularly had and taken in accordance with Section 8 of Article X~ of the Con- stitution of the State of California, the laws of tme State of California, and the Charter of the City of Chula Vita. 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 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 quali- fies. 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 Unclassi- fied 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. ~~ S~3/ 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. 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. 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. - 5 - o~ ~ ~~ / IT WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Chula Vista to be affixed hereto this 16th day of May 19 72 . Thomas D. Hamilton, Jr., May of n ie M. Fulasz, City Clerk f the City of Chula Vista, California the City of Chula Vista, California 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. ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 16th. day of ~~ay , 197 by the following vote, to-wit: AYES: Cauv~c~.~mev~ NAYES : Caunc~,.~mev~ ABSENT: Cau~.c~..~mev~ Egdahl, Scott, Hobel, Hamilton, Hyde None None ATTEST ,~2-~2t.E. ^~ Cti~y C en S`K`ATE OF CALIFORNIA ) ~GuNTY OF SAN DIEGO ) ss. 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