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HomeMy WebLinkAbout63-027RESOLUTION NO. 63-27 ORDERING THAT VARIOUS PROPOSITIONS BE SUBMITTED TO THE ELECTORS OF THE CITY OF SANTA ANA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 2, 1963, TO A~LEND VARIOUS SECTIONS OF THE CHARTER OF THE CITY OF SANTA ANA TO PROVIDE FOR THE TIME WHEN THE CITY WILL HAVE SEVEN COUNCILMEN, TO INCREASE THE SALARY OF THE MAYOR OF SAID CITY BY $75.00 PER MONTH, AND TO MAKE CHANGES IN OTHER CHARTER SECTIONS AS RECOMMENDED BY THE CHARTER COMMITTEE WHEREAS, the population estimate of the City of Santa Ana showed a population approaching 120,000, and Section 101.3 of the Charter of the City of Santa Aha provides that when the population of the City reaches 120,000, the number of offices of ODuncilman shall be increased to seven. Such an increase would result in conflicts of language between the various Sections of the Charter, would raise many questions as to what constituted a majority vote and what constituted a two-thirds vote, as to whether or not a majority vote was necessary to adopt an ordinance or resolution, and would create other difficulties of interpretation and conflicts between Charter Sections. For these reasons the City Council appointed a special Charter Committee, consisting of five men, each of whom had long and extensive experience with municipal government and knowledge of the operation of the government of the City of Santa Ana.' This Committee has now reported to the Council and made recommendations that numerous changes in Charter language are necessary to avoid inconsistencies and internal conflicts in the Charter when and if a change is made increasing the present five to seven offices of Councilman; That the Mayor's salary should be increased in an amount of $75.00 per month because of the special demands upon his time and the extra expense required of him because of his office; That Sections 605 and 607 should be amended to change the date for submission of the Annual Budget and to provide for the necessary City expenditures between the first day 'of the fiscal year and the adoption of the Annual Budget; That Section 800 should be amended to state the proper names of the two Santa Ana School Districts; That Section 907 should be amended to make proper provision for the appointment of members of the Board of Recreation and Parks; That Section 1002 should be amended to include all administra- tive assistants in the City Manager's office in the Excepted Service; That Section 1007 should be amended to allow temporary appoint- ments for a necessary period to hold examinations for positions; That Section 1400 should be amended to insure continuation of the City as a contracting agent of the State Employees Retirement System and to insure that the City Council will have control of municipal expenditures; and That other changes be made to bring the Charter language in line with experience gained in nearly ten years of City operation under the Charter of the City of Santa Ana. NOW, THEREFORE, BE IT RESOLVED: That the City Council, on its own motion, hereby authorizes and directs that propositions be sub- mitted to the electors of the City of Santa Aha proposing amendments to the Charter of said City to amend the following Sections so that they shall read as follows: -1- Section 101.1. WARDS OF THE CITY. The City Council shall divide the city into five Wards, seven Wards or nine Wards,as required by the provisions of Section 101.3 herein, by ordinance according to the following formula: Each of the Wards is to be as nearly equal in number of registered voters as possible. The Wards shall be composed of contiguous and compact territory and bounded by natural boundaries or street lines wherever possible; provided however, that in laying out such Wards no precinct at the time fixed by the Board of Supervisors of Orange County shall be divided, and further provided that in event said Board of Supervisors shall, at least sixty days before a General Municipal Election, re-precinct the City with the result that any precinct is divided by a Ward line, the City Council shall, not less than thirty days prior to said General Municipal Election, modify said Ward lines to an extent sufficient to prevent the division of any precinct by a Ward line. Any territory hereafter annexed to or consolidated with the City shall become a part of the Ward to which it is contiguous, provided however, that if any territory annexed at one time shall contain registered electors in excess of twenty-five hundred as determined by the registration books of the County of Orange at the time of such annexation, the City Council shall, within ninety days after said annexation, redistrict the City in the manner prescribed in this Section and pursuant to notice and hearing as required by Section 101.4. Section 101.2. WARDS, BOUNDARY CHANGES. The boundary lines of Wards shall be changed every two years by ordinance enacted by the affirma- tive votes of at least two-thirds of the members of the City Council, not less than ninety days prior to the General Municipal Election to be held the first Tuesday of April in each odd numbered year. The boundary lines shall be adjusted so that at each adjustment no Ward shall vary from any other Ward by more than ten percent of the registered electors of any of said Wards. If during the preceding two years there shall not have been a change of registered elector population in any Ward to cause it to vary by ten percent or more -2- frc~a any other Ward, then no change of Ward lines shall be made. Notice and public hearing shall be provided as required by Section 101.4. Section 101.3. WARDS, INCREASE IN NUMBER OF. Whenever a decennial Federal census, special Federal census or population estimate made by an agency of the State of California authorized by State law to make such estimate shall be certified by the Clerk of the Council as showing the following population totals for the City of Santa Ana, then not less than ninety (90) days prior to the succeeding General Municipal Election the City Council shall re-draw the Ward boundaries and cause notice to be published in the official newspaper that the Ward lines will be re-drawn to increase the number of Wards as follows: Population of 120,000 ..... to 7 Wards Population of 240,000 ..... to 9 Wards Notice and public hearing shall be provided as required by Section 101.4. Section 400. CITY COUNCIL: NUMBER, SELECTION AND TERMS OF MEMBERS. The City Council shall, until the provisions of Section 101.3 become operative, consist of five (5) members elected at the times and in the manner provided in this Charter, each of whom shall serve a term of four (4) years, except the terms of office of the first Councilmen elected from Ward Six and Ward Eight shall be for two (2) years. Thereafter, the terms of office of all Councilmen shall be for four (4) years. The term of each member shall begin the first Tuesday following such election and each shall serve, except as otherwise provided for in this Charter, until his successor is elected and qualified. Each office of Councilman shall be a separate office and one of such offices shall be assigned to each of the Wards of the City. Candidates for each office of Councilman shall be nominated from such Ward by the electors of such Ward and shall be residents of such Ward, but all Councilmen shall be elected by the vote of the electors of the City at large. (The five (5) Councilmen in office at the time this Charter Amendment takes effect shall continue in office until the expiration of the respective terms for which they were elected and until their respective successors are elected and qualified as provided in this Charter.) --3-- Section 401.1. ORDER OF FILLING OFFICES. The office for Councilmen from Ward One, Ward Three, and Ward Five shall be filled at the General Municipal Election held on the first Tuesday of April, 1957, and the office for Councilmen from Ward Two and Ward Four shall be filled at the General Municipal Election held on the first Tuesday of April, 1959. Thereafter, the office of Councilmen from Wards One, Three and Five and from Wards Two and Four shall be filled at the alternate General Municipal Elections. The offices of Councilmen from Wards Six and Eight shall be filled at the same Election as the offices for Wards Two and Four, and the offices for Wards Seven and Nine shall be filled at the same election as for Wards One, Three and Five; except that the first elections for the offices of Councilmen from Wards Six, Seven, Eight and Nine shall be in each instance at the next General Municipal Election subsequent to the formation of the Ward. The candidate elected from each Ward shall be the candidate receiving the highest number of votes cast for any candidate from said Ward. 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 One Hundred and Twenty-Five Dollars ($125.00). The member elected by the City Council to fill the office of Mayor shall receive the additional amount of Seventy-Five Dollars ($75.00) 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. -4- Section 409. CITY COUNCIL: MEETINGS. 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 re-adjourn any regular meeting to a certain date which shall be specified in the order of adjournment and, when so adjourned, 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. 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 six 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 con- sidered 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. Ail 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. Section 410. CITY COUNCIL: QUORUM. A majority of the members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all of the members of the City Council from any regular meeting, the Clerk of the Council may declare the same adjourned to a stated day and hour. Notice of such adjourned meeting shall be given or may be waived in the same manner as specified in this Charter for giving or waiving of notice of special meetings of the City Council. Section 411. CITY COUNCIL: RULES AND PROCEDURES. The City Council shall establish rules for the conduct of its proceedings and to preserve order at its meetings. It shall, through the Clerk of the Council, maintain a record of its proceedings which shall be open to public inspection. ~he City Council may organize special committees of its members for the principal functions of the government of the City. It shall be the duty of each such committee to be informed of the business of the City government included within the assigned functions of the committee, and, as ordered by the City Council, to report to the City Council information or recommendations which shall enable the City Council properly to legislate. Each men,her of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and the authority on any investigation or proceeding pending before it to impel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the Clerk of the Council. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. Section 413. ORDINANCES AND RESOLUTIONS: ADOPTION. Every ordinance shall be introduced in writing in the form in which it is to be finally passed. The correction of typographical or clerical errors after introduction shall not be included in the meaning of the foregoing sentence. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined, nor within six days thereafter, nor at any time other than at a regular -6- or adjourned meetings. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than six days after the date upon which such ordinance was so altered. At the time of adoption of an ordinance or resolution, it shall be read in full, unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the members of the City Council present. The rights and powers conferred on the City Council shall be exercised by ordinance when so provided by this Charter or by law. Each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. Adoption of any ordinance or resolution shall require the affirmative votes of at least a majority of the members of the Council unless a higher vote is required by other provisions of this Charter. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Ail ordinances and resolutions shall be signed by the Mayor and attested by the Clerk of the Council. Section 415. ORDINANCES: EMERGENCY. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two-thirds of the members of the Council. Section 421. CONTRACTS. The City shall not be bound by any contract, except as hereinafter 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 shall be endorsed thereon by the City Attorney. 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 -7- 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 Two Thousand Dollars ($2,000.00) in any one contract. Every contract involving an expenditure of more than Two Thousand Dollars ($2,000.00) 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 provisions of this Section. Such contracts likewise may be let without adver- tising 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 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 the purpose of this Section, public works construction shall be defined as a project for the erection or improvement of public building~ 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 government. Section 500. CITY MANAGER: APPOINTMENT, REMOVAL, AND QUALIFICATIONS. The City Council shall appoint a City Manager who,by virtue of his position as City Manager, shall be an officer of the City and who shall have the powers and shall perform the duties in this Charter provided. NO member of the City Council shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. The City Council shall appoint the City Manager for an indefinite term and may remove him by motion adopted by the affirmative votes of at least two-thirds of the members of the Council. At least thirty days before such removal shall become effective, the City Council shall by resolution adopted by the affirmative votes of at least two-thirds of the members of the Council state the reasons for the removal of the City Manager. The City Manager may reply in writing and any member of the City Council may request a public hearing, which, if requested, shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the City Council may re- move the City Manager by motion adopted by the affirmative votes of at least two-thirds of the members of the Council. The resolution stating the reasons for the removal of the City Manager may provide for the suspension of the City Manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next calendar month following the date of adoption of the resolution. --9-- The City Manager shall be chosen on the basis of his executive and administrative qualifications. He shall be paid a salary commensurate with his responsibilities as chief administrative officer of the City. Section 605. BUDGET: SUBMISSION TO THE CITY COUI~CIL. On or before the fifteenth day of JUne of each year the City Manager shall recommend and submit to the City Council a proposed budget for the next ensuing fiscal year and a proposed appropriation ordinance as prepared by him. Section 606. BUDGET: PUBLIC HEARING. Upon receipt of the proposed budget from the City Manager, the City Council shall proceed to the consideration of the proposed budget and, by the affi~ative vote of at least a majority of its members, may increase, decrease, or omit any item or insert new items therein. Before adopting the budget the City Council shall fix the time and place for holding a public hearing upon the proposed budget and shall cause to be published a notice thereof not less ~han ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the public in the office of the Clerk of the Council at least ten days prior to said hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 607. BUDGET: FUBT~ER CONSIDERATION AND ADOPTION. After the conclusion of the public hearing, the City Council may further con- sider the proposed budget and make any revisions thereof that it may deem advisable. On or before the thirty-first day of July the C~ty Council shall adopt the budget with revisions, if any, by the affirma- tive votes of at least a majority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Between the first day of July and any subsequent date on which the Budget is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls established in other Sections of this Charter, amounts of money equal to the expenditures of each such office, department or division during the preceeding June. -10- The budget adopted by the City Council shall provide for the support of public recreation programs at least the equivalent of Six Cents (6W) on each One Hundred Dollars ($100.00) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year. A copy of the adopted budget, certified to by the Clerk of the Council, shall be filed with the Director of Finance and a further copy shall be placed, and shall remain on file in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations. Section 609. BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two-thirds of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget; except that the City Council shall not reduce that portion of the budget providing for the support of public recreation programs below the amount specified in Section 607 of this Article. Section 615. ALLOTMENTS. For the purpose of exercising continuous budgeting and for exercising budgetary control the City Council may establish by ordinance an allotment system which shall entail the designation of how much of the budget appropriations may be spent during fixed periods of the year by the various offices, agencies, departments of the City. and Section 701. OFFICERS APPOINTED BY THE CITY COUNCIL. In addition to the City Manager, the City Council shall appoint the City Attorney who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by the affirmative votes of at least two-thirds of the members of the Council. Subject to the Civil Service provisions of this Charter, the City Council shall appoint the Clerk of the Council who shall serve at its pleasure. Section 800. BOARD OF EDUCATION: NUMBER, SELECTION, AND TERM OF MEMBERS. The Board of Education serving as the governing boards of the Santa Ana Unified and Junior College District shall consist of five members elected at large by electors qualified to vote in such District's elections, as provided by law, at the times and in the manner provided in this Charter for a term of four years. The term of each member shall begin the first Tuesday following such election and each shall serve, except as otherwise provided for in this Charter, until his successor is elected and qualified. 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 affirmative votes of at least a majority of its members, or the City Manager, may appoint from time to time temporary cc~mittees as deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subjects within the jurisdiction of such authorities. -12- Section 901. APPOINTIVE BOARDS AND COMMISSIONS: APPOINTMENTS, REMOVALS, VACANCIES, TERMS. Except as otherwise specified in this Charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of at least two-thirds 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 board or CO~,LLiSSiOn, 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 vy 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. 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 appointment to fill an unexpired term shall be for such an unexpired period. Section 907. BOARD OF RECREATION AND PARKS. The members of the Board of Recreation and Parks shall be appointed from the qualified electors of the City. Seven members shall be appointed by the City Council;not more than five of these seven members shall be of the same sex. One additional member shall be appointed by the governing board of each school district operating one or more elementary schools located within the City of Santa Aha, except that there shall not be more than four such additional members. If more than four -13- school districts operate elementary schools within the City, appoint- ment of the additional members shall be made by the governing boards of those districts having the largest assessed value of property lying within the City of Santa Aha. No member of the Board of Recreation and Parks shall hold any paid office or employment in the City government. 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 co~prise 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 professional, 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 Co~petitive 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 four 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. -14- (c) (d) 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 position or employment included in the Competitive Service as defined in this Section, or who is on an eligible or re-employment 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 Marshal, 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 Marshal, 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 person- nel administration, shall not be able to 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 -15- position. certified, position. The appointing power may appoint, of the three thus whichever one in his opinion is best qualified for such No candidate may be certified more than three 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 appointment, the City Manager, or such person under the City Manager having charge of personnel adminis- tration, 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 d~scretion. 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 appoint- ments be made to any positions for 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 appointmenti 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. An employee rejected during the probationary period from a position to which he has been promoted 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 dis- missal in the manner prescribed in Section 1008 of this Article. -16- Section 1400. ~4PLOYEES' RETIREMENT SYSTEM. Plenary authority and power are hereby vested in the City, its City Council, and its several officers, agents, and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the State Employees' Retirement Law, as it now exists or may hereafter be amended, to enable said City to continue as a contracting City participating in the State Retirement System. The City Council is directed to levy all necessary taxes to ensure the continuance of the City as a contracting member of the State Employees' Retirement System in accordance with the provisions of Section 601 of this Charter. The City Council may not terminate any such contract with the Board of Administration of the State Employees' Retirement System and may not amend any such contract in a manner which would decrease or eliminate any benefit accuring to personnel employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute an equal or greater benefit for said employees, unless the proposition for such contract termination or amendment shall be approved by ordinance adopted by a two-thirds vote of the electors of the City voting on such proposition at a general or special municipal election. BE IT FURTHER RESOLVED: ~hat the propositions to be placed upon the ballot for submission to the electors of the City at the General Municipal Election to be held April 2, 1963, shall be in words and figures as follows: Shall Section 101.1 of the Charter of the : : : City of Santa Aha be amended to provide : YES : : that the Council shall divide the City : : : into five Wards, seven Wards or nine Wards : : : as may be required by the population of : NO : : the City and Charter Section 101.37 : : : -17- Shall Sections 101.2, 409, 410, 413, 415, : : 421, 500, 606, 609, 701, 900 and 901 of : : the Charter of the City of Santa Ana be : : amended to express the required number of : : votes or Councilmen to take an action in : : language that will be consistent and : YES : workable for five, seven or nine Council- : : men by changing "a four-fifths vote", "at : : l~ast four affirmative votes" and "at least : : four members" to "the affirmative votes of ~ : at least two-thirds of the members"; and by : : changing "three members of the Cit~ Council" : : to "a maiority of the members of the City : Council"; and by changing "at least three : : affirmative votes", "vote of three of its : NO : members" and "at least three of its members"to : : "at least a maiority of the members of the : : Council" and "the affirmative vote of a : : maiority of its members"? : : Shall Section 101.3 of the Charter of the city of Santa Aha be amended to add a population estimate made by an aqency of the State of California authorized by State law to make such estimate to the provision that a Federal census showing a population of 120,000 requires 7 Wards and showing that a population of 240,000 requires 9 Wards? : YES : : : NO : : Shall Sections 400 and 400.1 of the Charter of the city of Santa Aha be amended to provide for the terms of office and years of election for councilmen from Wards 6, 7, 8, and 9? : YES : : : YES : : : YES : : Shall Section 402 of the Charter of the city of Santa Aha be amended to provide that the Mayor of the City shall receive an amount of Seventy-Five Dollars ($75.00) each month as an addition to his salary as a Councilman? Shall Section 411 of the Charter of the City of Santa Aha be amended to substitute the word "may" for "s_ha_l~" and "special" for "standinq" to allow the City Council to organize special committees of its members instead of the mandatory language requiring standing committees? -18- Shall Sections 605 and 607 of the Charter of the City of santa Ana be amended to : : : provide for the submission of the proposed = : : budget on or before June fifteenth and the : YES : : adoption of a budget by the Council on or : : : before July thirty-first of each year and : : : to provide for the continuation of City : NO : : function between July first and the date : : : the budget is adopted? : : : Shall Section 615 of the Charter of the : : : City of Santa Aha be amended to change : YES : : the mandatory word "~h~l~" to the permissive : : : word "may" to allow the Council, at its : ...... : : option, to adopt by ordinance an allotment : : : system to regulate the portion of b~dget : NO : : appropriations that may be spent during : : : fixed periods of the year? : : : Shall Section 800 of the Charter of the : YES : City of Santa Aha be amended to correctly : : name the Santa Aha School District? : NO : Shall Section 907 of the Charter of the : : City of Santa Aha be amended to provide : YES : for the appointment of not more than :, : four members of the Board of Recreation : : and Parks by school districts operating : NO : schools in the City? : : Shall Section 1002 of the Charter of the : : : City of Santa Aha be amended to provide : YES : : that administrative assistants to the : : : city Manager shall be in the Excepted : : : Service? : NO : : shall Section 1007 of the Charter of the : : : City of Santa Aha be amended to provide : YES : : that no temporary appointment shall : : , : continue for more than 180 calendar days : : : in place of 120 workin~ ~a~s! : NO : : Shall Section 1400 of the Charter of the : : : City of Santa Aha be amended to provide : : : that the Council shall not terminate the : YES : : city contract with the State Employees' : : : Retirement System or so amend said contract : : : as to decrease or eliminate any benefit : : : unless such termination, decrease or elimin- : : : ation shall first be approved by a two- : : : thirds vote of the electors of the City and : NO : : to eliminate.the Second~pa~&graph~o~said : : : Section, whichpXov~des that the Council is : : : directe~ tocomply with all provisions of the : ~ : state~PlOyees' Retirement Law as it may ' hereafter be amended? BE IT FURTHER RESOLVED: That the Clerk of the Council is hereby directed to cause the publication of those Sections of the Charter of the City,as herein proposed to be amended, not later than the 20th day of February, 1963, under the heading of "NOTICE OF MEASURES TO BE VOTED UPON", in all editions of the Register issued on the day of publication; and to cause copies of said Sections to be printed in booklet form and enclosed in the envelope with the Sample Ballot to be mailed to each voter in the City. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 4th day of February, 1963. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 4th day of February, 1963, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: Hubbard, Schlueter, Gilmore, Brewer, Hall NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -20-