HomeMy WebLinkAboutReso 1982-11059 RESOLUTION NO. 11059
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA RECITING THE FACT OF THE SPECIAL
ELECTION HELD IN CONSOLIDATION WITH THE GENERAL ELECTION
HELD ON THE 2nd DAY OF NOVEMBER, 1982, 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 special election held in consolidation with
the general election was conducted in the City of Chula Vista,
County of San Diego, State Of California, the 2nd day of November,
1982, as required by law, and
WHEREAS, notice of said election was duly and regularly
given in time, form and manner as provided by the law; that voting
precincts were properly established; that election officers were
appointed and that in all respects said election was held and
conducted 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 cities, and
WHEREAS, pursuant to Resolution No. 10923, adopted on the
6th day of July, 1982, the Registrar of Voters canvassed the
returns of said election and has certified the results to this
City Council, said results are received, attached and made a part
hereof as "Exhibit A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were 64 voting precincts esta-
blished for the purpose of holding said election consisting of the
regular elections precints in the City of Chula Vista as
established for the holding of state and county elections.
SECTION 2. That said special election held in
consolidation with the general election was conducted for the
purpose of submitting the following measures to the electors of
said City, to-wit:
-1-
PROPOSITION J
An amendment to the Charter of the City of Chula Vista
amending Article III, Section 300, and Article X, Section
~00, providing for the election of members of the City
Council and the Mayor by a plurality of votes cast for a
particular position and establishing the second Tuesday
following the first Monday in November in each odd
numbered year as the election date for councilmembers and
the second Tuesday following the first Monday in November
in each even numbered year as the election date for Mayor
and extending the terms of the incumbents appropriately.
PROPOSITION K
An amendment to the Charter of the City of Chula Vista
amending Article III, Section 304, subsection (c),
providing that the Mayor shall serve in a full time
capacity and establishing his annual salary at $24,000.
PROPOSITION L
An amendment to the Charter of the City of Chula Vista
amending Article III, Section 308, providing greater
flexibility for meeting places of the Council within the
Civic Center.
PROPOSITION M
An amendment to the Charter of the City of Chula Vista
amending Article V, Section 500, and Article VII, Section
701, clearly defining the positions of City Clerk, Assis-
tant City Manager and Deputy City Manager as City
officers and providing a method for placing the
management level positions in the Unclassified Service.
PROPOSITION N
An amendment to the Charter of the City of Chula Vista
amending Article X, Sections 1001, 1006 and 1008
assigning the budget making function to the City Manager,
setting the property tax limit as required by Proposition
13, and authorizing the issuance of bonds which do not
effect the faith or credit of the City.
-2-
PROPOSITION O
An amendment to the Charter of the City of Chula Vista
amending Article X, Section 1009, revising procedures for
public works contracts to allow for bidding without adver-
tising on amounts under $25,000 and informal bids on
amounts of $10,000 or less.
PROPOSITION P
An amendment to the Charter of the City of Chula Vista
amending Article X, Sections 1014 and 1015, clarifying
the management of departmental trust funds and the
presentation of demands for payment against the City.
SECTION 3. That the whole number of votes cast in said
City including absent voter ballots was 27,6]3.
SECTION 4. That the propositions voted upon at said
election are as set forth hereinabove, and
That the number of votes given at each precinct for and
against the propositions set forth herein are as shown in Exhibit
"A", attached hereto and made a part hereof by reference.
SECTION 5. The City Council does declare and determine
that:
That as a result of said election, a majority of the
qualified voters voting on Propositions J, K, L, M, N, O and P did
vote in favor thereof, and that said propositions carried, and
shall be deemed adopted and ratified.
SECTION 6. 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 measures voted upon;
(3) The number of votes given at each precinct for and
against each measure.
-3-
k llC d}
SECTION 7. 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 said City, in the minutes of
the meeting at which the same is passed adopted.
Presented by Approved as to form by
George~'D. Lindberg, City Atto~.~ney
-4-
ADOPTED AND APPROVED BY THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th day of November
19 82 ., by the following vote, to-wit:
AYES: Councilmen Malcolm, Moore, McCandliss, Scott, Cox
NAYES: Councilmen None
ABSTAI N: CoL~cilmen None
ABSENT: Councilmen None
ATTEST~ y CleC//~/~
STAFE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 11059
,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
The City of Chula Vista
Office of the Ofy Clerk 57 -5041
CITY CLERK'S CERTIFICATE OF CANVASS
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, California,
County of San Diego, State of California, do hereby certify that I have
canvassed the returns of the Special Municipal Election in the City of
Chula Vista, California, in consolidation with the General Election
held on the 2nd day of November 1982 and find that the total number of
votes cast was 27613. The total number of votes cast for the Propositions
were as follows: Registered Voters: 40,431
PROPOSITION J
An amendment to the Charter of the City of Chula Vista
amending Article III, Section 300 and Article X, Sec-
tion 900 providing for the election of members of the
City Council and the Mayor by a plurality of votes YES 17,488
cast for a particular position and establishing the
second Tuesday following the first Monday in November NO 5,912
in each odd-numbered year as the election date for
councilmembers and the second Tuesday following the first
Monday in November in each even numbered year as the
election date for Mayor and extending the terms of the
incumbents appropriately.
PROPOSITION K
An amendment to the Charter of the City of Chula Vista
amending Article III, Section 304, subsection (c), pro- YES 15,875
viding that the Mayor shall serve in a full time capacity
and establishing his salary at $24,000 annually. NO 8,385
PROPOSITION L
An amendment to the Charter of the City of Chula Vista YES 17,415
amending Article III, Section 308, providing greater
flexibility for meeting places of the Council within NO 5,6~1
the Civic Center.
276 Fourth Avenue Chula Visla,Caljfornia 92010
SPECIAL MUNICIPAL ELECTION - NOVEMBER 2, 1982 CERTIFICATE OF CANVASS
page 2
PROPOSITION M
An amendment to the Charter of the City of Chula Vista
amending Article V, Section 500, and Article VII,
Section 701, clearly defining the positions of City YES 15,914
Clerk, Assistant City Manager and Deputy City Manager
as City officers and providing a method for placing NO 7,233
the management level positions in the Unclassified
Service.
PROPOSITION N
An amendment to the Charter of the City of Chula Vista
amending Article X, Sections 1001, 1006 and 1008 YES 15,987
assigning the budget making function to the City
Manager, setting the property tax limit as required NO 7,J53
by Proposition 13, and authorizing the issuance of
bonds which do not effect the faith or credit of the
City.
PROPOSITION 0
An amendment to the Charter of the City of Chula Vista
amending Article X, Section 1009, revising procedures YES12,G~2
for public works contracts to allow for bidding without
advertising on amounts under $25,000 and informal bids NO 10,802
on amounts of $10,000 or less.
PROPOSITION P
An amendment to the Charter of the City of Chula Vista
amending Article X, Sections 1014 and 1015, clarifying YES16,511
the management of departmental trust funds and the
presentation of demands for payment against the City. NO 6,540
The total number of registered voters was 40,431.
The total number of precincts in the City was 64 . That attached hereto and
made a part hereof is a 1 ist of the number of votes received in each precinct
for the propositions and the total number of votes received in the election.
Further, as a result of the said election, a majority of the qualified voters
voted for the passage of Propositions.
Dated: November 3, 1982
1/0,5
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, RAY J. ORTIZ, Registrar of Voters of the County of San Diego,
do hereby certify that I have conducted the canvass of the returns of
the Municipal Election for the City of Chula Vista, consolidated with
the General Election, held on November 2, 1982, and the semi-official
returns of said election are as follows:
TOTAL VOTES
PROPOSITION J YES 17,488
NO 5,912
PROPOSITION K YES 15,875
NO 8,385
PROPOSITION L YES 17,415
NO 5,681
PROPOSITION M YES 15,914
NO '7,233
PROPOSITION N YES 15,987
NO 7,153
PROPOSITION O YES 12,642
NO 10,802
PROPOSITION P YES 16,511
NO 6,540
REGISTERED.VOTERS: 40,431
TOTAL VOTES CAST: 27,613
Witness my hand and official seal this 9th day of November, 1982.
Registrar of Voters
The City of Chula Vista
Office of the City Clerk 575-5o4~
REGISTRAR OF VOTERS CANVASS OF RESULTS AS OF 11/9/82:
YEs ~NO
4.
PROPOSITION J 17,488 7 0 5,912 75.26%
K 15,878 65.44% 8,385 3~.56%
L 17,415 75.40% 5,681 24.60%
'M 15,914 68.75% 7,233 31.25~
N 15,987 69.09% 7,153 30.91%
0 ' 12,642 53.92% 10,802 46.08%
P 16,511 71.63% 6,540 28.37%
· 276 Fourth Avenue ChulaVisfa ,California 92010
November 18, 1982
~arch Fong Eu
Secretary Of State
Divisi~ of Certification
Public ~Iarket
1210 J ~treet
Sacr~nento, CA. 95814
Re: Filing o~ City of Chula Vista Charter Amendments Adopte~
on November 2, 1982 Pursuant to Section 3, Article XI of
the Constitution of the State of California and Request
for Certification
Enclosed is Resolution No. 11059 o~ the Chula Vista City Council
declarinU ~he results of the election held on November 2, 1982 and
the certification of said results by Ray J. Ortiz, Registrar Of
Voters of San Diego County.
The ~ull text of the Charter provisions in question are enclosed
including the language that has been changc~ as well as the text
of the Charter sections as amended.
~4e respectfully request that said filing be accepted and certified
as o~ the date of receipt by the Secretary of State.
Jennie .~4. Fulasz
City Clerk
J~IF:
ARTICLE III. CITY COUNCIL.
Sec. 300. Members, Eligibility and Terms.
There shall be a City Council of five members, consisting of
four Councilmembers and a Mayor, elected from the City at large a~
the times and in the manner provided in this Charter.
No perso~ shall be eligible to hold office as members of the
City Council unless they are residents of the City of Chula Vista,
and at the time of their election or appointment, qualified
electors of the City or of territory annexed thereto.
The term of each member of the City Council shall commence on
the' first Tuesday following election and shall continue until a
successor qualifies. Ties among candidates for any office shall
be settled by the gasting of lots.
No person shall be eligible for n~nination and election to the
offjJe of City Councilmember or Mayor for more than two (2)
consecutive terms, and no person who has held a Council office for
a period of two (2) consecutive terms or the office of Mayor for
two (2) consecutive terms, may again seek nomination and election
to said offices of Council or Mayor respectively until a period of
one (1) year from the termination of the second term for
Councilmember or Mayor has elapsed; provided, however, that any
person who is appointed by the Council to fill the office of
Council or Mayor or elected in a special election for the balance
of a regular term of Mayor for a period of two (2) years or less
may seek nomination and election for two (2) full terms
thereafter.
Each Council seat shall be numbered one (1) through four (4)
respectively. Persons seeking election to the City Council shall
at the time of filing nomination papers, select one of said seats
as the Council position for which they seek election.
Persons running for a Council office shall designate one of the
two numbered Council seats as memorialized by resolution of the
Chula Vista City Council on file in the office of the City Clerk.
Should a vacancy occur at any time in a Council seat or seats, if
said vacancy is to be filled by a special election as provided in
Section 303 of the Charter, candidates for said vacancy shall
similarly designate the appropriate numbered seat on their
nominating paper.
Sec. 300 (Continued)
bee~-~!-ed~n~u4~t-~F~e-i~e-a-ma~e~]~-e~-~-u<~t~s-~a~t-~r-~d
Any person to be elected for any numbered Council seat 1
through 4 or the office of Mayor for which nomination papers have
been ~iled shall be deemed elected upon receipt o~ the highest
number oE votes for the particular seat or the office of Mayor.
Sec. 304. Presiding Officer, Mayor.
(a) Mayor. There shall be elected at the general municipal
election a Mayor who shall hold office fora term of four years ~
and until a successor is elected and qualified.
(b) Duties. The Mayor shall be a member of the City Council'
and shall perform all the functions and have all of the powers and
rights of a duly elected Councilmember. In addition to said powers
and duties, the Mayor shall have the power and duty:
(1) to report to the City Council annually and from time
to time on the affairs of the City and to recommend
for its consideration such matters as deemed
expedient, and
(2) to ~e the official head of the City for all
political and ceremonial purposes and to be
recognized by the courts for the purpose of serving
civil process, for the signing of all legal
' instruments and documents, and by the Governor for
emergency purposes, and
(3) in the time of public danger or emergency, the
Mayor, with the consent of the Council, and for such
period as the Council may fix, to take command of
the police, maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive
responsibility, for interpreting to the people the
policies, programs and needs of the City government
and for informing the people of any major change in
policy or program. The Mayor may represent the City
in any and all matters involving other governmental
agencies, provided that no act, promise, commitment
or agreement entered into or committed by the Mayor
shall be binding upon the City of Chula Vista unless
duly authorized or ratified by the City Council, and
(5) to represent the City in all regional public
agencies which require an elected City official,
unless otherwise determined by the City Council, and
(6) to supervise the operation of the Mayor/Council
office and personnel assigned thereto, and
Sec. 304 (Continued)
(7) to perform such other duties consistent with the
office as may be prescribed by this Charter or
delegated to the Mayor or imposed on the Mayor
by the City Council if not inconsistent with the
provisions of this Charter, and
8) to exercise the full-time function as Mayor of
the City during the usual business hours that
the offices of the City are open, and such other
hours and times as shall be necessary to discharge
in full the duties imposed upon the Mayor.
(c) Compensation. The Mayor shall receive an annual salary
of s~ twenty-four thousand dollars ~$67888~88~ ($24,000.00)
per year ~eye~½e-e~-~he-~e~e-e~-~ve-~fe~-~e~½e~s-~$~88=88~
peT-men~h 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 the sum of
fifty dollars ($50100) per month, which amount shall be deemed
to be reimbursement of other out-of-pocket expenditures. The
City Council may also provided, by resolution, for the payment
to the Mayor of an allowance of a sum certain per month, as reim-
bursement for the additional demands and expenses made upon and
incurred by the Mayor.
(d) Mayor Pro Tempore. The City Council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability.
Sec. 308. Place of Meetings.
All meetings shall be held in the Council Chamber e~ in the
e~y-H~ Civic Center or such other appropriate conference room
located in the Civic Center and shall be clearly noticed and open
to the public. If, by reason of fire, flood or other emergency
it shall be unsafe to meet in the place designated, the meetings
may be held for the duration of the emergency at such place as is
designated by the Mayor, o~ if the Mayor should fail to act, by
three members of the City Council. ~
It is further provided that any special meeting may be held.
within any place suitable and desirable for public assembly within
the City of Chula Vista or areas contiguous thereto to facilitate
· the public participation in the business of the City, subject to
the requirements of notice as provided in this Charter and the
laws of the State of California. Further, the City Council may
meet in joint session at an appropriately designated official
place of meeting with the governing body or bodies of any other
governmental agency in the County of San Diego, subject to
notification as required hereinabove.
At such special~ meeting called at the time and place and in
the manner provided herein, the City Council may not pass upon
any ordinance or resolution, or make any final decision on the
matters being discussed at such meeting except that final actions
may be taken at joint meetings with other governmental agencies held
at a regular place of such agency.
~ ARTICLE V. OFFICERS AND EMPLOYEES.
Sec. 500. Appointment and Removal of Officers
and Department Heads.
(a) Appointment. The City Manager, City Attorney and City
Clerk shall be appointed by and serve at the pleasure of the City
Council and shall be in the Unclassified Service.' In addition,
there shall be in the Unclassified Service a private secretary for
the City Manager, City Attorney and the Mayor and Council who
shall be appointed by the respective officers for whom they serve.
All other officers and department heads of the City shall be appoint-
ed by the City Manager subject to the approval of the City Council.
The City Attorney shall also appoint Assistant or Deputy City
Attorneys as may be authorized by the Council, subject to the
' approval of the Council, who shall be in the Unclassified Service.
The City Clerk may also appoint Assistant or Deputy City Clerks as
may be authorized by the Council subject to the approval of the
Council and shall be in the Unclassified Service. It is further
provided the City Council may, by ordinance, determine that other
positions of management level employees, e.g., Assistant and
Deputy Department Heads, may be placed in the Unclassified Service
if adopted by a four-fifth's vote of the Council.
.S~c', ' 500 (Continued)
(b) Removal. Officers and employees in the Unclassified
fervice appointed by the City Council may be removed by them at
~,~y 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
turpi[ude. Any appointee or employee in the Unclassified Service
so removed by the City Manager, City Attorney or City Clerk may,
however, within five ~5) days after receipt of a notice of
dismissal, demand a written statement of the reason for such
'=smissal, a copy of which shall be forthwith filed with the City
Council. Upon receipt of such written statement so furnished by
the City Manager, the City Attorney or City Clerk 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, the City Attorney or the City Clerk containing
the reason for said dismissal, and determine the truth or falsity
of said facts. Council shall report its findings and recommen-
dations made as a result of such hearing, and cause a copy of said
findings to be delivered to the City Manager, the City Attorney o___r
the City Clerk, and file the original with the City Clerk. The
' S'ec. 500 (Continued)
~=smissed 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, the City Attorney or the City Clerk.
All written documents, including the City Managers's, the City
Attorney's or the City Clerk's written reasons for such 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 office 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, the City Attorney or the
City Clerk to remove any appointee or employee in the Unclassified
Service of the City, so appointed or employed, and all such
~ovals shall be final and conclusive.
Sec. 701. 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, Assistant City Manager, Deputy City
Manager, Director of Finance, City Clerk, Deputy City
Clerk, City Attorney, Assistant or Deputy City Attorneys,
a private secretary to the City Manager, a private
secretary to the Mayor and Council, a private secretary to
the City Attorney, department heads; or as provided
in Section 500 of this Charter.
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, scientific,
technical or expert service of any occasional and
exceptional character;
6. Part-time employees paid on an hourly or per diem
basis; and
Sec. 701 (continued)
7. Persons employed to fill positions which have been
created for work and/or projects funded entirely or in
part by grants made to the City or as provided and as ~
designated by the City Council pursuant to Section 500
of this Charter.
(b) Classified Service. The Classified Service shall comprise
all positions not specifically included by this section in the
Unclassified Service provided, however, that the City Council may
place management level positions in the Unclassified Service by
an ordinance adopted by a four-fifth's vote.
Sac. 900. General Municipal Election.
General municipal elections for the election of Councilmembers
and for such purposes as the City Council may prescribe shall be
held in sei~ the City of Chula Vista on-~e-~e~e-e~-~he
~ene~e¼-mun~e~a~-e~ee~e~-~o~-~ene~½-~ew-e~eM-~n-eeeh-e~en
n~m~efe~-yea~-eemme~e~-~-~98~-en~-~-~e-e~en~-~ha~-a-~ne~
on the first Tuesday after the first Monday in November in each
odd numbered year. Said general municipal election for the
election of Mayor and such other purposes shall be held on the
first Tuesday after the first Monday in November in each even
numbered year. The terms of incumbent Councilmembers and Mayor
shall be approDriately extended to said date and until a Council-
member or Mayor is qualified.
~e-Meyof-s~e~-~e-e~ee~eS-en-~He-~a~e-es~aB½~she~-By-~he
s~a~e-½eg~s~aeM~e-~e~-e~ee~o~-e~-seHee~-~e~er~n~-Beaf~=--~
+_he-ine~m~en~-MeyeEls-~e~m-~he~½-~e-e~enSeS-enS-~He-Meye~-she½½
ec. 1001. Annual Budget. Preparation by the
City Manager.
The City Manager ~n~-~o~h-~He-B~ee~o~-e~-F~nanee shall
set a date for obtaining from each department head or other respon-
sible City officer estimates of revenues and expenditures for the
particular department or office detailed in such manner as may be'
prescribed by the City Manager. In preparing the proposed budget,
the City Manager shall review ~he estimates ho½~-eo~e~enee~-~hefeon
w~h-~he-~epa~men~-he~s-~espee~e½y and confer with the party
submitting such estimates and revise ~he such estimates as deemed
advisable.
qec. 1006. Tax Limits.
property-t~xT-~or-m~n~c±pa~-p~r?cses-±~-exc~s~-o~-one-do~ar
of-tbe-assessed-va}me-of-t~xab}e-proUerty-~n-t~e-e~tF7-except-as
otbcrw~se-prov~ded-~n-tb~s-sect~onT-un}e~-aut~orized-bF-the
aff~rmat~ve-votes-of-a-m~jor~tF-o~-t~e-e~ectors-votin~-on-a
proposit~on-to-~ncre~se-s~cb-}evy-at-~n~-e~ect~on-at-wh~eh-the
qncstion-of-sncb-add~t~on~-}ev~-~or-mu~ciFa}-purposes-~s-smb-
m±tted-to-the-e~ectorsr--~he-number-o~-Tears-that-such-add~tbne~
~ev!F-±s-to-be-made-sha}~-be-spec~E~ed-~n-such-proposition.
~b~--Add~tio~a~-~axesr--~kere-~ha}}-be-~eviea-and-co}}eceea
at-the-t~me-and-~n-the-same-manner-as-othe~-property-ea~es-~or
mnn~c~p~-p~rpo~e~-are-}eviedz-amd-c~ctedT-as-a~d~ione~-texes,
±f-no-othcrprov~s±on-for-payment-tbe~eo~-~s-made:
bonds-oz-jnd~ment~-dme-ana-u~paidT-o~-eo-Beeome
due-during-the-e~smi~g-~isca~-ye~T-wh~eh-eons~i-
the-e~-~o-~he-See~e-~mp~oyeesL-Re~emen~-Sy~em
~or-the-ret~remen%-o[-e~y-emp~oyeesT-due-and-unpa~d
The tax limit for any ad valorem tax on real property shall be
as prescribed by Article XIIIA Of the Constitution of the State of
California.
Sec. 1008. Bonded Debt Limit.
The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of
fifteen percent (15%) of the total assessed valuation for the
purposes of City taxation of all the real and personal property
within the City.
No bonded indebtedness which shall constitute a general
obligation of the City may be created unless authorized by the
affirmative votes of two-thirds of the electors voting on such
proposition at any election at which the question is submitted to
the electors and unless in full compliance with the provisions of
the State Constitution and of this Charter. No bonds payable out
of any revenues of the City or of any department thereof, shall be
issued without assent of a majority of the voters voting upon the
proposition of issuing the same, at an election at which such
propositions shall have been duly submitted to the qualified
electors of the City.
The City may issue bonds, notes or other obligations, any
portion of the proceeds of which will be used to finance in whole
or in part the acquisition, construction, equipping or improvement
of any public utility, industrial or commercial facility and which
will be payable in whole or in part out of any revenues derived
from the operation of such public utility system or payments
received from such industrial or commercial facility without the
assent of the voters provided that neither the faith and credit of
the City or any department thereof nor the taxing power of the
City is pledged to the payment of principal or interest of such
bonds, notes or other obligations.
Sec. 1009. Contracts on Public Works.
In the construction, reconstruction, or repair of public
buildings, streets, drains, sewers, parks, playgrounds and other
public works, the furnishing of supplies, materials, equipment or
contractual services for same shall be done by written contract ~
approved as to form and legality by the City Attorney.
Every project involving an expenditure of ~i~ twenty-five'
thousand dollars ($25,000.00) or more for the construction,
reconstruction, improvement or repair of public buildings,
streets, drains, sewers, utilities, parks and playgrounds and
other public works, and the furnishing of supplies, materials,
equipment or contractual services for same shall be done by
written contract except as otherwise provided in this chapter, and
the Council, upon the recommendation of the City Manager, shall
let said contract to the lowest responsible bidder after notice by
publication in the official newspaper for sealed bids for the work
contemplated by one or more insertions, the first of which shall
be at least ten days before the time for opening bids. If the
cost of said public works project is more than the sum of fi~ ten
thousand dollars ($10,000.00) but less than ~i~k~ twenty-five
thousand dollars ($25,000.00), the City Council may let said
contract without advertising for bids after the City Manager or
his designated agent has secured competitive prices from
interested contractors; which shall be considered by the Council
before said contract is let.
If the project involves the expenditure of ten thousand
dollars ($10,000.00)or less, the City Manager may cause such
written contract to be let without advertising for bids. However,
except in emergencies, the City Engineer or the Purchasing Agent
shall obtain informal bids. The project shall be awarded to the
lowest responsible bidder whose bid is deke~ined to be, in all
respects, most advantageous to the public interest. The DiKex~eK
e~ Z~ W~xks City Engineer may solicit such bids personally, by
telephone or by mail, and shall submit to the Purchasing Agent and
the City Manager a written account of the procedures used and the
bids thus obtained. A copy of said informal bidding procedure
shall be filed in the Office of the City Clerk as a public
record .
Sec. 1009 (Continued)
The City Council may, however, declare and determine that, in
its opinion, based upon estimates approved by and the reco~nenda-
tions of the City Manager, said projects may be excepted from the
requirements of this section because the work in question may be
performed better or more economically by the City with its own
employees, and by a resolution to this effect, adopted by at least
four affimnative votes of the Council, order the performance of
any such constructiuon, reconstruction, improvement or repair by
appropriate City forces. ~
All bids of more than f~ twenty-five thousand dollars
($25,000) shall be accompanied by either a certified cashier's
check, or a bidder's bond executed by a corporate surety autho-
rized to engage in such business in California, made payable to
the City. Such security shall be in an amount not less than that
specified in the notice inviting bids or in the specifications
referred to therein, or if no amount is specified, then in an
amount not less than ten percent (10%) of the aggregate amount of
the bid. If the successful bidder neglects or refuses to enter
into the contract within the time specified in the notice inviting
bids or specifications referred to therein, the amount of his
bidder's security shall be declared forfeited to the City and
shall be collected and paid into its general fund and all bonds so
forfeited shall be prosecuted and the amount thereof collected and
paid into such fund.
The City Council shall be competent i~ to award~M~ any
contract k® b__y compar~ison of bids on the basis of several factors
including time completion. ~ X~ak ~e~ ~M~ ~wa~ ~as beeM
award shall be secured by a surety bond as hereinabove provided
with adequate sureties and penalties, and provided, further, that
for any contract awarded solely or partially on a specified time
for completion, the Council shall not extend such time limits
unless such extension be recommended by the City Manager and the
head of the department concerned.
The City Council may reject any and all bids presented and
may readvertise in its discretion.
Contracts may likewise be let without advertising for bids if
such work shall be deemed by the City Council to be of urgent
necessity for the preservation of life, health or property, and
shall be authorized by resolution passed by at least four
affirmative votes of the Council and containing a declaration of
the facts constituting such urgency; provided, however, tha~
nothing in this section shall prevent the City Manager from taking
any and all means necessary to make emergency repairs in the event
of immediate need arising from any calamity or disaster.
Sec. 1014. Departmental Trust Fund.
The City Council shall prescribe, by ordinance, for the
setting up of a "Departmental Trust Fund" into which the collec-
tions of the various departments, offices and agencies shall be
deposited daily by the respective officers handling the receipt
of such collections. Withdrawals from such fund may be made by
the Director of Finance only on order signed by the proper depart-
ment or division
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Sec. 1015. Presentation of Demands.
Any demand against the City must be in writing and may be in
the form of a bill, invoice, payroll, or formal demand. Each such
demand shall be presented to the Director of Finance, who shall
examine the same. If the amount thereof is legally due and there
remains on his books an unexhausted balance of an appropriation
against which the same may be charged, the Director 0f Finance
shall approve such demand and draw a warrant on the City treasury
therefor, payable out of the proper fund. Objections of the DireCtor
of Finance may be 'overruled by the City Council and the warrant
ordered drawn.
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