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HomeMy WebLinkAboutReso 1976-8126~ A RESOLUTION NO. 8126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF CHULA VISTA ON THE 13th DAY OF APRIL, 1976, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF CHULA VISTA 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 13th day of April, 1976, as required by the Charter of the City of Chula Vista, and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting pre- cincts 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. 8106, adopted the 6th day of April, 1976, the City Clerk of the City of Chula Vista 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 TF'E CITY OF CHULA VISTA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. That there were seventy-seven (77) voting precincts established for the purpose of holding said election, consisting of con- solidation 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 as required by the Charter of the City of Chula Vista, to-wit: Two (2) Members of the City Council (Seat 1 and Seat ?) of said City for the 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 Amend Article 3, Section 304 thereof, of the Charter of_ the City of Chula Vista to be, and to read as follows: Sec. 304. Presiding Officer, Mayor. (a) Mayor. There shall be election at the general municipal election as provided in Article X, Section 1000 of this Charter, or in accordance with the directive - 1 - of the voters of the City of Chula Vista, a Mayor who shall devote such time as may be necessary and desirable to properly and efficiently discharge the powers and duties assigned herein. (b) 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 Councilman. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the Council from time to time on the affairs of the City and to recommend for its con- sideration such matters as he may deem expedient, and (2) to be the official head of the City for all ceremonial purposes and shall 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 military purposes, and (3) in the time of public danger or emergency, he may, with the consent of the Council and for such period as the Council may fix, 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, unless a representative is designated by the affirmative vote of a majority of the City Council, shall 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 or the above- mentioned representative shall be binding upon the City of Chula Vista unless duly authorized or ratified by the City Council, and (5) to perform such other duties consistent with his office as may be prescribed by this Charter or delegated to him or imposed by him or the City Council if not inconsistent with the provisions of this Charter. (c) The Mayor shall serve in a full-time capacity and shall receive a salary in accordance with an ordi- nance adopted by the City Council or by a majority vote of the electors voting on the proposition at a municipal election in accordance with the salary setting process as provided for general law cities, as set forth in Section 36516.1 of the Government Code of the State of California 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 ($50.OD) per month, which amount shall be deemed to be reimburse- ment of other out-of-pocket expenditures. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month to reimburse him for the additional demands and expenses made upon and incurred by him in serving as Mayor. - 2 - (d) Mayor Pro Tempore. The City Council shall also 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 his absence or disability. PROPOSITION B Amend Article 8, Section 803 thereof, of the Charter of the City of Chula Vista, by repealing and deleting Sub- section 5 of Section 803. Sec. 803. Rules and Regulations. The Civil Service rules and regulations shall pro- vide for the following matters, in addition to such others as the Civil Service Commission may deem neces- sary, proper or expedient to carry on the intent and purpose of the Civil Service provisions of this Charter: 1. The classification of all positions in the Classified Service. 2. The selection, employment, advancement, sus- pension, demotion, discharge and retirement of all persons in the Classified Service. 3. The recruitment of applicants for City posi- tions through public advertisement inviting appli- cations and by the establishment of lists according to the merit and fitness of the applicants, to be determined by free examinations in accordance with such rules. The holding of promotional examinations to fill vacancies where promotional examinations are practicable in the opinion of the Civil Service Com- mission. 4. The certification of three names standing highest on the eligible list to the appointing authority to fill a position in the Classified Service, unless the Civil Service Commission, with the consent of the appointing power, authorized the certification of less than three names on an eligible list and, in the opinion of such Commission and such appointing power, conditions warrant such action. 5. (Repealed and Deleted). PROPOSITION C Amend Article 8, Section 807 thereof, of the Charter of the City of Chula Vista, by repealing and deleting said Section 807. Sec. 807. Removal or Suspension of Employees. Entire Section Repealed and Deleted. - 3 - PROPOSITION D Amend Article 3, Section 308 thereof, of the Charter of the City of Chula Vista, to be and to read as follows: Sec. 308. Place of Meetings. All regular meetings shall be held in the Council Chamber of the City Hall and shall be open to the public. If, by reason or fire, flood or other emer- gency, it shall be unsafe to meet in the place desig- nated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he should fail to act, by three members of the City Council. It is further provided that any special meetings 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 participa- tion in the business of the City, subject to the require- ments 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 herein- above. 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 said meeting except that final actions may be taken at joint meetings with other governmental agencies held at a regular place of meeting of such agency. Section 4. That the whole number of votes cast in said City (except absent voter ballots) was That the whole number of absent voter ballots cast in said City was 398, making a total of votes cast in said City . Section 5. That the names of persons voted for at said election for Member of the City Council of said City are as follows: Seat No . 1 Lauren I. Egdahl Seat No . 2 Greg Cox Newton C . Chaney Frances Walker David A. Linsley Sid Morris Emily C. Ritter Frederick A. R. Drew and - 4 - 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: Joseph D. Cummings Armando (A .Y . ) Casillas Peter J. Watry, Jr. Judith L. Bauer and That the propositions voted upon at said election are as set forth hereinabove, and That the number of votes given at each precinct 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 a 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. Section 6. That the City Council does declare and deter- mine that: Lauren I. Egdahl was elected as Member of the City Council (Seat No. 1) of said City for a full term of four (4) years; That no one received a clear majority of votes cast for Seat No. 2 of the City Council, and, therefore, Greg Cox and Newton C. Chaney will be entered into a runoff election on June 8 , 1976; Joseph D. Cummings was elected as Member of the Board of Education of the Chula Vista School District for a full term of four (4) years; Peter J. Watry, Jr. was elected as Member of the Board of Education of the Chula Vista School District for a full term of four (4) 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 quali- fied voters voting on Proposition A, did not vote in favor thereof, and that said change was not carried and shall not be deemed adopted and ratified, and That as a result of said election, a majority of the quali- fied voters voting on Propositions B, C and D 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; - 5 - (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 Section 11550 and Section 11559 of the Elections Code of the State of Cali- fornia, 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. Whereupon, each and all of said persons so elected shall be inducted into the respec- tive office to which they have been elected. Section 9. and adoption of this original Resolutions passage and adoption City Council of said same is passed and a• That the City Clerk shall certify to the passage resolution; shall enter the same in the book of of said City; and shall make a minute of the thereof in the records of the proceedings of the City, in the minutes of the meeting at which the 3opted. Presented by Approved as to form by ~ ,/ ,.~. J nnie M. Fulasz, City Cler George D. ~indberg, City AttorneyT~~ - 6 - ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA this 20th day of April ~ 197 6 by the following vote, to-wit: AYES : Counci Zmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None ATTEST 2r (_~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE Mo FULASZ, CMC, CITY CLERK of the City vf~'Yau"la Vista, CaZ~;fornia, DO HEREBY CERTIFY that the above and foregoing %s a fu~Z, true anal correct copy of that the same has not been amended or repealed. DATED City CGer (,SEAL ) and CC-660 ~.~q ,ru ,i r 3LLa61 ~ ~ ~, '''`' Office ~f JENNIE M. FULASZ, CITY CLERK .,~.~,' City o~ CInu.Qa ~Uista CALIFORNIA I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, California, County of San Diego, State of California, duly authorized by Resolution No. 8106, adopted by the City Council of said City on the 6th day of April 1976, do hereby certify that I have canvassed the returns of the regular general municipal election held in said city on the 13th day of April 1976, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, the re- spective offices for which said persons were candidates and for and against the measures were as follows: That the whole number of votes cast in the City of Chula Vista and the Chula Vista City School District was 9884. That the following person was elected to fill the office of Councilman Seat No. 1 for a term of four years: Lauren I. Egdahl That the following two candidates for Councilman Seat No. 2 must face a run-off election on June 8 due to the fact that none of the candidates received a majority of the votes cast for this Seat and the following received the highest number of votes cast: Gregory R. Cox Newton C. Chaney That the following persons were elected to fill the office of the Board of Education (Chula Vista Elementary School District) for a term of four years Judith L. Bauer Peter J. Watry, Jr. Joseph D. Cummings That the following propositions were voted upon at said election: PROPOSITION A: An amendment to the Charter of the City of Chula Vista amending Article 3, Section 304 thereof providing for a full-time Mayor and a method for the establishment of the salary for the office of Mayor in accordance with the pro- cedure established by State law by an ordinance adopted by the City Council or by a majority vote of the electors voting on the proposition at a municipal election. 276 Fourth Avenue, Chula Vista, CA 92010 (714) 427-3300 City Clerk's Canvass Certificate - April 13, 1976 Election PROPOSITION B: An amendment to the Charter of the City of Chula Vi~.ta amending Article 8, Section 803 thereof by repealing and deleting Subsection 5 of Section 803 relating to the probationary period of officers and employees in the Classified service of the City. PROPOSITION C: An amendment to the Charter of the City of Chula Vista amending Article 8, Section 807 thereof relating to the hearing and appeal requirements for the removal or suspension of employees in the Classified service of the City by repealing and deleting said Section 807. PROPOSITION D: An amendment to the Charter of the City of Chula Vista amending Article 3, Section 308 thereof to authorize the City Council to conduct special council meetings at a suitable place other than the Council Chamber of the City Hall upon proper notice and provided that no decisions be made at said special meeting except that final actions may be taken at joint meetings with other governmental agencies held at a regular place of meeting of such agencies. That as a result of said election, a majority of the qualified voters voting on said Proposition A relating to a Charter change did vote against the proposition and therefore it shall be deemed defeated. That as a result of said election, a majority of the qualified voters voting on said Propositions B, C, and D did vote in favor thereof, and that said Propositions carried and shall be deemed adopted. That attached hereto and made a part hereof is a list of persons voted for and the propositions and measures voted on, together with the number of votes received in each precinct and the total votes received in the election. I certify that the foregoing statement of results is a full, true and correct statement of the facts of said canvass and of the results of said election, and that as soon as the result was declared, the aforesaid statement was duly entered by me, the City Clerk of .the City of Chula Vista, on the records of said City Council. Dated: April 20, 1976 f ~ ~- ennie M. Fulasz, City Cle ity of Chula Vista, Califo is