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HomeMy WebLinkAboutOrd 1972-1383 ORDINANCE NO. 1383 AN ORDINANCE OF THE CITY OF CHULA VISTA PROPOSItdG AND SUBMITTING TO THE ELECTORS OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON THE llth DAY OF APRIL, 1972, CERTAIId PROPOSITIONS TO AMEND THE CHARTER OF THE CITY OF CHULA VZSTA The City Council of the City of Chula Vista does ordain as follows : SECTION I : Pursuant to the provisions of Section Eight of Article Eleven of the Constitution of the State of California, and the Elections Code of the State of California, the City Council of the City of Chula Vista, being the legislative body thereof, hereby proposes and submits to the qualified voters of said City at the general municipal election to be held on the llth day of April, 1972 , the propositions contained in Exhibit "A" , attached hereto and made a part hereof by this reference, to amend the Charter of said City . SECTION II : The method of voting upon said Charter pro- visions shall be as provided in the Elections Code of the State of California, and on the ballots to be used at said general municipal election, in addition to any other matters required by law, there shall be printed substantially the language contained in Exhibit "B" , attached hereto and by reference made a part hereof. SECTION III : Said propositions shall be designated on the ballots by letters printed on the left margin of the square containing the descriptions of the measure, as provided in Section 10231 of, the Elections Code of the State of California. Only qualified voters of the City of Chula Vista shall be permitted to vote at said election. SECTION IV: The City Clerk of the City of Chula Vista shall , within fifteen (15) days after its final passage, cause this ordinance to be published once in the Chula Vista Star News , a newspaper of general circulation printed and published in the City of Chula Vista. No other notice of such election need be given . SECTION V: This ordinance shall take effect and be in force from and after its passage. Presented by Approved as to form by �/J7/J'GG� ✓%/� � � • G3enYrie M. Fulasz, City C1 rk George D. Lindberg, City Atto , y EXHIBIT "A" 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 Cit 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 com- pensation 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 com- missions of the City of Chula Vista from other than the member- ship 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 o£ 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 Diayor 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 . - 1 - 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 , sub- section (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, sha11 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 a£ter 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 £orthwith cause an election to be held to fill such vacancy . Sec . 500 . Appointment and Removal of Officers and Department Heads . (b) Pemoval . 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 . - 2 - 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 th 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 dis- missed 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 re- imbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authori- zation by the City Council . Any vacancies in any board of commission, from whatever 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 de- partments performing such abolished functions . - 3 - The City Manager shall be responsible for the organizational I 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 com- pensation 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 . PROPOSZTION 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 . PROPOSZTION 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 Re ulations . 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 department where a vacancy may occur shall be made by the City Manager, subject to Council approval . - 4 - (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 appointinents 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. Appro riations . 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 proposition 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 pa�ment 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 . � . . - EXHIBIT "B" PROPOSITION B 1 An amendment to the Charter of the City of Chula Vista amending Article III , Section 302 thereof providing a procedure for setting compensation for the Mayor and Councilmen by establishing a Salary Review Commission inde- pendently selected by the boards and commis- sions of the City from other than the member- 1'ES ship of said boards and commissions to recommend compensation levels for the Mayor and Councilmen. Said salaries sha11 be adopted by two ordinances , one declaring the intent to establish the salary and, one establishing the salary after public hearings thereon and both ordinances are subject to the right of referendum. Compensation levels as adopted by the Council may be no more than NO that recommended by the Review Commission. Also an amendment to Section 304 deleting sub- section (c) thereof establishing the Mayor ' s salary and renumbering subsection (d) to subsection (c) . PROPOSITION C An amendment to the Charter of the City of Chula Vista amending Article III , Section 303 , Article V, Section 500 and Article VI , Section 605 thereof, creating a vacancy YES in Council positions after unauthorized absence for a period of thirty days con- secutively from the last regular Council meeting attended by the member and pro- viding for vacancies in Council offices and other City offices for conviction of NO a felony as well as crimes involving moral turpitude . PROPOSITION D An amendment to the Charter of the City of Chula Vista amending Article V, Section 501 YES thereof defining the responsibility of the City Manager for the administration and N� structurin of the Cit overnment. PROPOSITION E An amendment to the Charter of the City of Chula Vista amending Article VI , Section YES 610 thereof deleting the authorization of the Board of Library Trustees to approve or disapprove the appointment of the NO Librarian. PROPOSITION F An amendment to the Charter of the City of yES Chula Vista amending Article VIII , Section 803, subsection (5) thereof by establishing a one-year probationary period for all officers and employees in the Classified NO Service . �_ . � . PROPOSITION G An amendment to the Charter of the City of Chula Vista amending Article VIII , Section 805, subsection (b) thereof by authorizing YES the City Dlanager to make temporary appoint- ments of department heads subject to Council approval and authorizing department heads to make temporary appointments within depart- NO ments subject to the approval of the City Mana er. PROPOSITION H An amendment to the Charter of the City of Chula Vista amending _Article XI , Section YES 1105 thereof by authorizing the carry over of appropriations for specific capital projects not completed prior to the end of the fiscal year . NO PROPOSITION J An amendment to the Charter of the City of Chula Vista amending Article XI, Section YES 1106 thereof eliminating the separate levies for the Library, Parks and Recreation and Planning and combine said levies with the general levy for municipal purposes esta- blishing a maximum limitation of $1 . 80 tax NO rate on each $100 . 00 of assessed valuation. i . . . . ._ . ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFO?2NIA, this 25th day of January , 19'72. , by the following-vote , to-wit: AYES : Cuunc�2men Eqdahl, Scott, Hobel Hamilton, Hyde NAYES : Counc�,�meit None - ABSENT : Caunc�,�me�a- None �e'��� ayorc ob .t e C.c.ty ob C u2a V�.h.ta ATTEST � _ � �� j e� � C�,.ty CXen S�'R�E OF CALIFORNIA ) t;'`vJFTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I , JENNIE M. �ULASZ , C�.ty C�en(z a6 .the C�..ty ob ChuQa V�.e.ta, Ca2� bonn�a, DU HER�BY� CERTIFY .tha.t .the above and boneyo.�ny �.a ' a bukk, .tnue and connec.t capy o6 and tha.t .the aame haa no.t been amended on nepea2ed. DA7ED: C�.ty C2eh