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HomeMy WebLinkAbout5667 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 1 5667 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. 2 5667 (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 3 5667 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. M ATTEST: ,.\ ~ Arcadia cit 4 5667 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 ~ Arcadia cit 5 5667 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. 5667 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. 5667 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. * ~~et; be~een4he-Gkraftd._nethcr ~el.cy- rel-aH~-to- '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. 5667 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. 5667 (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. 5667