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HomeMy WebLinkAboutNS-838ORDINANCE NS-838 ORDERING, CALLING, AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA, CALIFORNIA, THE 7TH DAY OF JUNE, 1966, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENTS TO VOTERS OF THE CITY AND ORDERING CONSOLIDATION WITH THE STATEWIDE ELECTION TO BE HELD ON THE SAME DAY WHEREAS, following many requests, the City Council appointed a Charter Review Committee, advertised their request and desire for all persons to submit proposed Charter changes for consideration and screening by said Committee; and after many months of diligent work this Committee reported its recommendations for certain changes to the City Council, and, after study by the City Council and detailed consideration of said recommendations, said Council has decided to submit the proposed Charter amendments hereinbelow set out to the voters of the City of Santa Ana. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That a Special Municipal Election is hereby called to be held in the City of Santa Ana, California, on June 7, 1966, for the purpose of submitting to the electors of said City certain propositions proposing amendments of sections of the Charter of the City of Santa Ana, and it is proposed that said sections be amended so that the same shall read as follows: "SECTION 401. City Council: Qualification of Members. To be eligible to hold the office of Councilman, a person must be a qualified elector of the City, and must be and have been for at least two (2) years immediately preceeding the date of his election or appointment, a resident and registered elector of the City. He must also be a resident of the ward from which he is elected at the time he is elected and for a period of one (1) year prior to that time. In the event any councilman shall cease to be a resident of the ward from which he (or, in the case of an appointee, his predecessor) was elected his office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilman ceases to be a resident of the ward from which he (or, in case of an appointee, his predecessor) was elected solely because of a change in boundaries of any ward as in this Charter provided, he shall not lose his office by reason of such change. If a member of the City Council shall be convicted of a crime involving moral turpitude, his office shall immediately become vacant and be so declared by the City Council. No person shall be eligible for nomination for or election to the office of Councilman who has served two consecutive terms of four (4) years each. Short or partial terms shall not be considered~" "SECTION 402. City Council: Compensation of Members. Each member of the City Council shall receive as compensation for his services as such a monthly salary in the sum of Three Hundred Dollars ($300.00). The member elected by the City Council to fill the office of Mayor shall receive the additional amount of One Hundred Dollars ($100.00) for each month said member shall fill the office of Mayor. Further, each member of the City Council shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by the City Council. Absence of a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him ineligible to receive the monthly salary for such a calendar month unless by permission of the City Council expressed in its official minutes." "SECTION 406. City Council: Judge of Elections and Qualifications of Members. The City Council shall be the judge of the election and quali- fications of its members as defined in Section 401 of this Article and shall meet on the first Tuesday after any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any." "SECTION 409. City Council: Meetinqs. The City Council shall meet regularly and in special session at such times and in the manner as shall be prescribed by ordinance and subject to the provisions of this Charter. The City Council shall hold regular meetings at least two times each month and may adjourn or readjourn any regular meeting to a certain date which shall he specified in the order of adjournment and, when so adjoux~e~ each adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. -2- Special meetings may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice delivered personally to each member of the City Council at least twenty-four hours before the time specified for the proposed meeting. If all members of the City Council shall give their consent, in writing, to the holding of a special meeting and such consent is on file with the Clerk of the Council at the time of the holding of such a special meeting, a special meeting shall also be validly called. A telegraphic communication from a member consenting to the holding of such a meeting shall be considered a consent in writing. Only such matters may be acted upon at any special meeting as are referred to in such written notice or consent. All regular and special meetings of the City Council shall be held in the Council Chambers of the City Hall and shall be open to the public. The City Council may adjourn to another location within the City Hall as publicly announced. 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 designated by the Mayor or, if he should fail to act, by a majority of the members of the City Council. Any meeting of the City Council may be held at a designated location outside the City Hall if ordered by the Mayor or a majority of the members of the City Council. Notice of such change of location shall be given in the same manner and for the same time as is required for notice of a special meeting and shall contain a statement of the reason for the change of location." "SECTION 421. Contracts. The City shall not be bound by any contract, except as herein- after provided, unless the same shall be made in writing by order of the City Council and signed by some officer in behalf of the City who has been authorized to do so by the City Council. The approval of the form of all contracts by the City Attorney. --3-- shall be endorsed thereon The City Council may authorize, by the affirmative votes of a majority of its members, any officer of the City to bind the City on contracts in writing without advertising and without previous approval by the City Council of each specific item for the payment of charges for supplies, labor, or other valuable consideration furnished the City, in amounts not exceeding Two Hundred Dollars ($200.00) in any one contract. Further, the City Council may authorize, by the affirmative votes of a majority of its members, the City Manager to bind the City on contracts in writing without advertising and without previous approval by the City Council of each specific item for the payment of charges for supplies, labor, or other valuable consideration to be furnished the City, in amounts not exceeding Four Thousand Dollars ($4,000.00) in any one contract. Every contract involving an expenditure of more than Four Thousand Dollars ($4,000.00) for materials, supplies, or equipment, or for public works construction (as hereinafter defined) shall be made by the City Council with the lowest and best bidder after the publication for at least two days in the official newspaper of a notice calling for bids and fixing a period during which such bids will be received, which shall be for not less than ten days after the first publication of said notice. The City Council may reject any and all such bids presented and may readvertise in its discretion. After rejecting such bids, or if no bids are received, the City Council may determine and declare that, in its opinion based on estimates submitted by the City Manager, the work may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by the affirmative votes of at least two-thirds of the members of the Council may proceed to have said work done in the manner stated,' without further observance of the provision of this section. Such contracts likewise may 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 -4- shall be authorized by motion passed by the affirmative votes of at least two-thirds of the members of the City Council and containing a declaration of the facts constituting such urgency. For purposes of this Section, public works construction shall be defined as a project for the erection or improvement of public buildings, streets, drains, sewers, parks, or playgrounds. Maintenance and repair of public buildings, streets, drains, sewers, parks, or playgrounds shall not be considered as public works construction. The City Manager shall recommend and the City Council shall consider and adopt by ordinance rules and regulations governing the contracting and purchasing of all services, supplies, material, and equipment required by any office, department, agency, officer, or employee of the City goverr~aent." "SECTION 602. Bonded Debt Limits. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed fifteen percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obliga- tion of the City may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such propositions at any election at which the question is submitted to the electors and unless in full compliance with the provisions of the Constitution of the State of California and this Charter. Bonds, which are payable solely and exclusively out of the revenues of the revenue-producing utilities owned, controlled, or operated by the City, may be issued when the City Council, by ordinance, shall have authorized a proposition therefor, only with the assent of the majority of the voters, voting upon such proposition, at an election at which such proposition shall have been duly submitted to the qualified electors of the City. Such revenue bonds shall be excluded from the debt limit hereinbefore established and shall not constitute an indebtedness of the City. Such proposition shall specify (a) the property to be acquired and/or the improvements or additions to be made to the equipment for such revenue-producing utility, or utilities, and the estimate of the cost thereof, (b) the maximum amount of bonds to be issued for such purposes, (c) the regulations and procedures for the sale and issuance of the bonds, and (d) the provision to be made from the revenue of the utilities for the payment of interest on, and retirement of, the bonds." "SECTION 704. Director of Finance: Powers and Duties. To become eligible for the position of Director of Finance, the person appointed by the City Manager shall be qualified to administer and direct an integrated department of finance. The Director of Finance shall have power and be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; (b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; (c) Supervise a system of financial internal control including approval of all purchase orders before issuance for encumbrance purposes only, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such charges; (d) Settle claims, demands, or other charges, including the issuing of warrants therefor; (e) Maintain general and cost accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require reports of the receipts and disbursements from each receiving and expending -6- agency of the City government; to be made daily or at such intervals as he may deem expedient; (f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the exact financial condition of the City, and, as of the end of each fiscal year, submit a complete financial statement and report; (g) Administer the license and business tax program of the City; (h) Direct treasury administration for the City, including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office, department, or other agency of the City government; and deposit all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, by the City Manager, in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing, and securing of public funds." "SECTION 704.1. Purchasinq Aqent: Powers and Duties. To become eligible for the position of Purchasing Agent, the person appointed by the City Manager subject to the civil service provisions of this Charter shall be qualified by experience in purchasing procedures. The Purchasing Agent shall have the power and be required to: (a) Have charge of the administration of purchasing affairs of the City under the direction of the City Manager; (b) On properly approved requisitions and purchase orders to render prompt purchasing services to the various departments, staff functions, and other auxiliary services and activities of the City. (c) Maintain records of bidders, suppliers and local avail- ability of goods and records of the experience with these individuals and organizations; -7- (d) Keep informed on market conditions as to oversupply or shortage, price trends, and City needs and inform the City Manager and any City employee directly concerned about important changes in availability or price; (e) Render such other services as are assigned to him by the City Manager." "SECTION 900. Appointive Boards and Commissions: In General. The following enumerated appointive boards and commissions are here established and shall have the powers and duties contained in this article: (a) Board of Recreation and Parks (b) Planning Commission (c) Personnel Board The City Council may create by ordinance such other appointive boards or commissions as in its judgment are required and may grant to them powers and duties as are consistent with the provisions of this Charter. The City Council, by motion adopted by the affirma- tive votes of at least a majority of its members, may appoint from time to time temporary committees as deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subjects within the jurisdiction of such authorities." "SECTION 901. Appointive Boards and Commissions: Appointments, Removals, Vacancies, Terms. Except as otherwise specified in this Charter, the membe~of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appoint- ment and removal by the affirmative votes of a majority of the members. Vacancies from whatever cause arising shall be filled in the same manner. 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 regular meetings of such -8- board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a 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. The members of such boards and commissions shall serve for a term of four years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two consecutive terms of four years each. The members first appointed to such boards and commissions shall so classify themselves by lot that the term of one of each of their number shall expire each succeeding July 1. Where the total number of the members of a board or commission to be appointed exceeds four, the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than two shall expire in each succeeding year. Thereafter, any appoint- ment to fill an unexpired term shall be for such an unexpired period." "SECTION 911. Personnel Board. The Personnel Board shall consist of seven members to be appointed by the City Council from the qualified electors of the City. None of the members shall hold public office or employment or be a candidate for any other public office or position, be an officer of any local, state, or national partisan political club or organization, or, while a member of the Personnel Board or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City." -9- "SECTION 1002. Competitive and Excepted Service. The civil service of the City shall be divided into the Competitive Service and the Excepted Service, (a) The Excepted Service shall comprise the following offices and positions: 1 The individual offices held by all elective officers; 2 The City Manager and Administrative assistants, if any; 3 The City Attorney and his legal assistants, if any; 4 The Director of Finance; 5 The Director of Personnel, if any; 6 One private secretary to the City Manager; 7 All posts as members of boards and commissions; 8. Positions occupied by persons employed to render profes- sional, scientific, technical, or expert service of an occasional and exceptional nature; 9. Positions in any class or grade created for a special or temporary purpose, and which are to exist for a period of not longer than ninety days; 10. Positions of any class or grade exempted from the Competitive Service for a maximum period of six months in any calendar year provided that the Personnel Board upon application of the City Manager and after public notice and hearings recommends to the City Council such exemption and the City Council grants such exemption by motion adopted by two- thirds of its members. Any such exemption shall not affect the tenure of any person whose appointment has become final under civil service; 11. Part-time positions or employments requiring less than twenty regular hours of employment per week; 12. School crossing guards~ 13. Ail positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this -10- (b) (c) country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under Federal or State statutes. The Competitive Service shall comprise all positions not specifically included by this Section in the Excepted Service. Any person who, on the effective date of this Charter, holds a _ posit~on or employment included in the Competitive Service as defined in this Section or who is on an eligible or re-employmentl list for a position or class of position in such Competitive Service, shall retain all status previously held prior to the effective date of this Charter in such position, employment, eligible list, or re-employment list. The person holding the position of City Clerk, City Treasurer, or City Marshall, each formerly an elective officer, if he shall have served continuously in such position for the period of six months immediately prior to such effective date, shall assume regular status in the Competitive Service under this Charter - as to the person formerly holding the position of City Clerk, in the position of Clerk of the Council; as to the person formerly holding the position of City Treasurer, in a position having similar duties in the department headed by the Director of Finance; and as to the person formerly holding the position of City Marshall, in a position of Chief of Police, the duties of which position shall be prescribed by the City Council by ordinance." "SECTION 1007. Eligible Lists, Certification., and Appointment. Upon completion of any examination, the City Manager shall cause to be prepared and shall approve an eligible list with the persons who passed such examination being listed in relative order of the points they received, from highest to lowest. Such eligible list shall remain in effect for two calendar years unless within such period, the City Manager, or such person under the City Manager having charge of personnel administration, shall not be able to -il- certify for appointment the number of persons required under the provisions of this Section. Upon receipt of notice of a vacancy in the Competitive Service, the City Manager or such person under the City Manager having charge of personnel administration, shall certify to the appointing power the names of the three highest candidates on the eligible list for such position. The appointing power may appoint, of the three thus certified, whichever one in his opinion is best qualified for such position. No candidate may be certified more than four times for any one class or classified position from an eligible list resulting from any one examination. If no eligible list for the classification exists, or an existing list for the classification contains less than the required three persons who are eligible and available for appoint- ment, the City Manager, or such person under the City Manager having charge of personnel administration, shall so notify the appointing officer who may appoint one of the lesser number of persons or may make a temporary, appointment to the vacancy, at his discretion. Such temporary appointment may not be for a longer period than one hundred and eighty calendar days after the first day of such temporary appointment, nor may temporary appointments be made to any position a cumulative total of more than one hundred and eighty calendar days in one calendar year following the first day on which the position is filled by a temporary appointment. Upon appointment to a position in the Competitive Service, other than a temporary appointment, the person so appointed or promoted shall hold probationary status in such position and in the class to which it has been allocated. The duration of the period of probationary status shall be determined by the civil service rules and regulations provided for in this Article but in no instance shall extend over a period of more than one year. During such probationary period the employee may be rejected at any time without right of a hearing before the Personnel Board. When an employee has been retained continuously in probationary status for the required period, he shall achieve permanent status. -12- An employee rejected during the probationary period from a position to which he has been pDomoted shall 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 Personnel Board as to such order of dismissal in the manner prescribed in Section 1008 of this Article." SECTION 2: That Section 704.1 hereinabove set out is a new section which is proposed to be added to the Charter of the City of Santa Ana to separate the auxiliary service of purchasing from the Finance Department and to place said service directly under the City Manager. SECTION 3: That the propositions to be placed upon the ballot for submission to the electors of the City at the Special Municipal Election to be held June 7, 1966, shall be in words and figures as follows: Shall Section 401 of the Charter of the City of Santa Ana be amended to provide that no person may be nominated for or elected to the office of Councilman who has served two consecu- tive terms of four years each? : YES : : : NO : : : YES : : : NO : : : YES : : : NO : : Shall Section 402 of the Charter of the City of Santa Ana be amended to provide that each member of the City Council shall receive a monthly salary of $300.00 as compensation for his services and that the member elected by the City Council to the office of Mayor shall receive an additional amount of $100.007 Shall Section 406 of the Charter of the City of Santa Ana be amended by deleting the requirement that the City Council canvass the returns of municipal elections? Shall Section 409 of the Charter of the : : City of Santa Ana be amended to require : : 24 hours notice of a Special Council : : Meeting to conform to State statute : YES : requirement and to allow the Mayor or : : a majority of the members of the City : : Council to order a Council Meeting to : : be'held at a designated location outside : : of the City Hall if they state the : : reason therefor in the written order : : and give notice of such change of : NO : location in the same manner and for the : : same time as is required for a special : : meeting? : : -13- Shall Section 421 of the Charter of the City of Santa Ana be amended to change from $2,000.00 to $4,000.00 the amount that the City Council may authorize the City Manager to bind the City on contracts in writing without advertising and without previous approval by the City Council of each specific item for payment for supplies, labor, and other valuable consideration? : YES : : : NO : : : YES : : : NO : : : YES : : : NO : : : YES : : : YES : : : NO : : : YES : : : NO : : Shall Section 602 of the Charter of the City of Santa Ana be amended to change the maximum amount of indebtedness the City may incur evidenced by general obligation bonds from ten percent to fifteen percent of the total assessed valuation for purposes of City taxation of all the real and personal property within the City? Shall Section 704 of the Charter of the city of Santa Ana be amended and a new Section 704.1 be added to said Charter to delete subsection (i) from Section 704 and amend subsection (c) to provide approval of purchasing orders for encumbrance purposes only to remove the purchasing service from the control of the Director of Finance and place said purchasing service directly under the City Manager? Shall Section 900 of the Charter of the City of Santa Aha be amended to delete the words "or the City Manager" to remove the Charter authority for the City Manager to appoint temporary committees to render counsel and advice? Shall Section 901 of the Charter of the City of Santa Ana be amended to change from two-thirds to a majority of the City Council the vote necessary to appoint or remove a member of any City Board or Commission and to limit the service of each member of a Board or Commission to two consecutive terms of four years each? Shall Section 911 of the Charter of the City of Santa Ana be amended to remove the provision that for one year after a member of the Personnel Board has ceased for any reason to be such a member he is not eligible to be elected to any City elective office? -14- Shall Section 1002 of the Charter of the : : City of Santa Ana be amended by adding a : : new subparagraph numbered 13 to the list : : of City employees in the Excepted Service,: YES : that is, employees who do not have Civil : : Service employment security, so that no : : person employed to replace an employee : : of the City who had been ordered to : : active duty, enlisted, or drafted for : : military service during a national : : emergency or during declared war and : : until the time under Federal or : : California statutes when such replaced : NO : employee could return and demand his : : former employment, could gain a permanent : : status in the position of the replaced : : employee? : : Shall Section 1007 of the Charter of the : : City of Santa Ana be amended to provide : : that no person who has been selected by : YES : examination and placed on an eligible : : list shall have his name certified with : : the top three names for a possible : : appointment more than four times from : : an eligible list resulting from any one : : examination, in place of the present : NO : Charter provision which limits such : : certification to three times? : : SECTION 4:That as to each of said propositions, if a majority of the voters voting on said proposition vote in favor of it, that is, stamp an X in t/ie box next to the word "YES" at the right side of said proposition, then that amendment of the City Charter will be adopted. SECTION 5: That the Board of Supervisors of the County of Orange be and it is hereby requested to grant permission for and to order consolidation of the Special Election called to be held in the City of Santa Ana on June 7, 1966, with the Statewide election to be held on said date. Said Board of Supervisors is hereby authorized to canvass the returns of said Special Election with said Statewide election, and said Special Election shall be held in all respects as if there were only one election and only oneform of. ballot shall be used. The Board of Supervisors is further authorized to form the precincts of the City of Santa Ana, to fix the polling places, appoint the precinct boards and provide for the expenses of said election; that the election officers serving in said consolidated election shall receive compensation for their services as fixed by the Board of Supervisors; and that polls shall be opened from 7:00 A.M. until ~00 P.M. and the polling places and election boards shall be the same as named for said Statewide election. SECTION 6: That this Ordinance shall take effect upon the date of publication. -15- PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 21st day of March, 1966. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 7th day of March, 1966, and was again considered by said Council at its regular meeting held on the 21st day of March, 1966, and at said meeting was regularly passed and adopted by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: None Gilmore, B~ooks, Bark, Herrin, Markel, McMichael, Narvey CLERK OF THE COUNCIL -16-