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RESOLUTION NO. 5667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY,
SEPTEMBER 15, 1992, FOR THE SUBMISSION OF
PROPOSED CITY CHARTER AMENDMENTS
WHEREAS, pursuant to authority provided by Article XI of the
Arcadia City Charter, the Constitution of the State of California,
California Government Code and Elections Code, the City Council of
the City of Arcadia desires to submit to the voters a proposed
Charter Amendment relating to various revisions to update and
clarify various parts of the Arcadia City Charter, and
WHEREAS, the city Council is authorized and directed by
statute to submit the proposed Charter Amendment to the voters, and
WHEREAS, the city proposed September 15, 1992 Special Election
for certain Charter revisions is not part of the regular cycle of
municipal elections for the City of Arcadia and therefore even so-
called routine election functions would not occur or involve the
city, except for the conduction of a Bond Election for the Arcadia
Unified School District (District), and
WHEREAS, the City Special Election is being conducted on
September 15, 1992 in response to the request of the School
District, to accommodate their request and need to schedule a Bond
Election on September 15, 1992; and
WHEREAS, in order for the District to have their Bond Election
on September 15, 1992 it is necessary for the City of Arcadia to
conduct a Special Municipal Election on that date which is the
reason for the Charter revision measure at this time, and
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WHEREAS, in response to the documented request of the District
to accommodate their need for a September 15, 1992 Bond Election
and Resolution 700 (A Resolution of the Board of Education) setting
forth their commitment to pay all costs and expenses of the
consolidated election, the City of Arcadia is calling for the
special Municipal Election described in this Resolution; and
WHEREAS, pursuant to Sections 1101 and 1102 of the Arcadia
city Charter and Arcadia Municipal Code Section 1700, a Special
Municipal Election can be scheduled for September 15, 1992; and
WHEREAS, the City Council of the city of Arcadia intends to
establish that date for the purpose of submitting certain Charter
revisions to the electorate in order to amend the portions of the
Arcadia City Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the authority set forth above,
there shall be submitted at a Special Municipal Election.called and
ordered to be held in the city of Arcadia for Tuesday, September
15, 1992, the following city Charter Amendment.
SHALL THE ARCADIA CITY CHARTER BE AMENDED BY
ADOPTION OF REVISIONS TO VARIOUS SECTIONS
OF THE CITY CHARTER, AS FOLLOWS:
(1) Require that a person reside in the City and be a
registered voter and elector of the City when nomination papers
are issued for Councilmember eligibility.
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(2) Authorize the City Council to determine when to
reschedule a meeting which falls on a holiday.
(3) Requires a city officer or employee to give up that
position if elected to a City of Arcadia office.
(4) Authorize action by a majority vote of a quorum for city
Boards and commissions.
(5) Delete language that accords membership on the Recreation
Commission to representatives of agencies that contract with the
city relating to recreation or parks.
(6) Delete language that calls for a personnel representative
in the Classified Service.
(7) Eliminate all reference to specific gender by the
substitution of Councilmember for Councilman.
(8) Authorize that violations of the Municipal Code be
misdemeanors or infractions and prescribe the misdemeanor penalty
to be that which is authorized by State Law.
YES
NO
SECTION 2. That the text of the Charter Amendments submitted
to the voters is attached as Exhibit "A".
SECTION 3. That the ballots to be used at the election shall
be in form and content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
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lawfully conduct the election.
SECTION 5. That the polls for the election shall be open at
seven o'clock a.m. of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. of the same
day when the polls shall be closed, except as provided in section
14301 of the Elections Code of the State of California.
SECTION 6. That in all particulars not recited in the city
Charter, Municipal Code and this Resolution, the election shall be
held and conducted consistent with the Arcadia City Charter,
Municipal Code, applicable Resolutions and as otherwise provided
by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 8. That the City Clerk shall certify to the adoption
of this Resolution.
Passed, approved and adopted this 19thd , 1992.
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ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby
certify that the foregoing Resolution No. 5667 was passed and
adopted by the City Council of the city of Arcadia, signed by the
Mayor and attested to by the city Clerk at a regular meeting of
said Council held on the 19th day of May, 1992 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Harbicht, Lojeski, Margett
and Fasching
NOES: None
ABSENT: None
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EXHIBIT "A"
AMENDMENTS TO THE ARCADIA CITY CHARTER. (WORDS TO BE ADDED
ARE UNDERLINED, AND WORDS TO BE DELETED ARE SHOWN STRICKEN
THROUGH) .
SECTION 401. ELIGIBILITY. No person shall be eligible to
hold the office of -€ottnei.,:),maiT- Councilmember unless ~e- -is- that
person, shall reside in the City and be a reaistered voter of the
City when nomination papers are issued. -ttftCl-ha-ve-beefl- Hlr-a~ l-ee*
-t,we- -yea-r-s- -4lll1fteeb3.-t=e},y- flfeeea.ioftg-ffi5-el:-eoHcm -tlP- 'ftP~~men~,-e
-l-e<Ja"Hy -re~.t;e-re€l-'rOt-er '-iH1<i-ree-i4en-t- Gf. ~e-C4-ty-. A ~l:Ifle-iMnan-
Councilmember who has been elected for two consecutive four-year
terms, excluding part or all of any unexpired term, shall not be
eligible to hold the office of -€otffie:i:1illatt Councilmember again until
two years after expiration of the second consecutive term, This
section shall apply to Councilmembers~l:Ifl~me~holding office on
the effective date of this Charter.
SECTION 407. REGULAR MEETINGS OF THE COUNCIL. The Council
shall hold regular meetings at least twice each month' at such
times as it shall fix by ordinance or resolution. At any time a
regular meeting falls on a holiday, such meeting shall be held on
the fl€~~s4ftess day desianated by motion of the city Council.
SECTION 707. ACCEPTANCE OF OTHER OFFICE. Any administrative
officer or any employee of the City who shall accept or retain any
elective public office of the City of Arcadia shall be deemed
thereby to have resigned from his office or employment under the
City government.
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SECTION 804. MEETINGS. CHAIRMEN. As soon as practicable,
following the first day of July of every year, each of such boards
and commissions shall organize by electing one of its members as
presiding officer, and another as chairman pro tempore, to serve
at the pleasure of such board or commission. Each board or
commission shall hold regular meetings as the Council may require,
and such special meetings as otherwise may be necessary. The
provisions of Section 411, hereof, relating to the Ralph M. Brown
Act, shall apply to all meetings of boards and commissions and,
subject to the provisions of said Act, all meetings shall be open
to the public.
The affirmative vote of a majority of the ciuorum -erH:-i-pe-
membe~hi~ of such board or commission shall be necessary for it
to take any action. -e~~ -'t!:o-a6j'~l'fl'.
The City Manager may designate a city employee for the
recording of minutes for each of such boards and commissions, who
shall keep a record of its proceedings and transactions. Each
board or commission may prescribe its own procedures and rules of
operation which shall be kept on file in the office of the City
Clerk where they shall be'available for public inspection. Subject
to any regulations and procedures established by the Council, each
board or commission shall have the power to compel the attendance
of witnesses, to examine them under oath, to compel the production
of evidence before it, and to administer oaths and affirmations.
Disobedience of any subpoena, or refusal to testify shall be a
misdemeanor and such conduct shall be reported to the Mayor and
procedures may be taken pursuant to Section 413, hereof.
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SECTION 810.
RECREATION AND PARKS COMMISSION. POWERS AND
DUTIES. There shall be a Recreation and Parks Commission which
shall :
(a) Act in an advisory capacity to the City Council in all
matters pertaining to community recreation and parks.
(b) Perform such other duties as may be prescribed by the
Council.
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'ge1MllU,*t-i'- FeCFea-t4-ElFl-CH?-~r*s '""HIa)'-prev4de- 4€>r-I1lE!il\befslH.fr a1T4he-
GElJlllll.i564-oH-~r-eflr-eseRt3.tive6-.~ ~l'l-a~dlH"iR'j tAe Bxistel1Ge
.ef 4he-<:~Gt,...
SECTION 901. UNCLASSIFIED AND CLASSIFIED SERVICE. The Civil
Service of the City shall be divided into the Unclassified and the
Classified Service.
(a) The Unclassified Service shall comprise the following
officers and positions:
.
1. Councilmember. ~e41~
2. City Manager, City Attorney, City Clerk, Chief of Police,
and Fire Chief.
Assistants, deputies, and clerical and
stenographic
employees
authorized
for
said
departmental
administrators and designated by the Council to be in the
Unclassified service.
3. All other departmental administrators.
4. City Manager Pro Tempore.
5. Personnel Director.
6. The Librarian and all employees of the Library Department.
7. All members of boards and commissions.
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8. Positions in any class or grade created for a special or
temporary purpose and for a period of not exceeding one hundred
eighty days in anyone calendar year.
9. Persons employed to render professional, scientific,
technical, or expert service of an occasional and exceptional
character.
10. Part-time employees.
(b) The Classified Service shall comprise all positions not
specifically included by this section in the Unclassified Service.
-fc+- .!lll:l~ -sbaJ.J.~ ..a-P.~=el DopreS>a+l.ta.t..j.v-e, ~-eflall 19e-
4n-the ~lass4f-4eG-SeEv-i-ee-a-nel-wll.e89 cHi-tries- ~ w4t-IT-
~Gee ~ -aI'li'- e:&fl~elllfH. ~e--4-n4l:le-Gl ass H-i-eEi- SEH'v i 00 .
SECTION 1500. DEFINITIONS. Unless the provision or the
context otherwise requires, as used in this Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Arcadia, and "department," "board,"
"commission," "agency," "officer," or "e!1lployee" is a department,
board, commission, agency, officer, or employee, as the case may
be, of the City of Arcadia.
(c) "Council" is the City Council of the City.
(d) -"evuuGilmanlL "councilmember" is a member of the Council.
(e) "Departmental administrator" is the person in charge of
a City department.
(f) "Government Code" is the California Government Code as
it exists upon adoption of this Charter, or is thereafter amended.
(g) "Municipal code" is the Arcadia Municipal Code.
(h) "Law" includes ordinance.
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(i) "Officer" is a person holding an elected office, a member
of a board or commission, the city Manager, and a departmental
administrator in charge of a city department or a person acting in
his place.
(j) "state" is the State of California.
(k) "Voter" is a legally registered voter.
(1) The masculine, feminine, and neuter genders shall be
interchangeable, as shall be the singular and plural.
SECTION 1501. VIOLATIONS. A violation of this Charter or of
any ordinance of the City shall constitute a misdemeanor or
infraction as deemed by ordinance of the city and may be prosecuted
in the name of the People of the State of California or may be
redressed by civil action filed by the City. The maximum fine or
penalty for any violation of a city ordinance shall be~be that sum
~f-F~-HuR6r~-e~~97 authorized by State Penal Code provisions
applicable to misdemeanors, or a term of imprisonment for a period
not exceeding six months, or both such fine and imprisonment.
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