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HomeMy WebLinkAbout1952-12-08298 Council Chamber Santa Ana City Hall December 8, 1952. ?:30 P.M. City Council met in adjourned regular session. Meeting called to order by the Clerk. Present: Trustees Absent: Trustees William Jerome, J.L.McBride, Orson H. Hunter, Milford W. Dahl. Coumtney R. Chandler. On motion of Trustee Hunter, seconded by Jerome and carried, Trustee Dahl was appointed Mayor Pro-Tem in the absence of Mayor Chandler. - ..................... : In Re The Administrator reported Public Liability and Property Damage ~nsuranoe tA. nPrevious meeting having been scheduled the Council Chamber, the City Council adjourned its meeting to the Mayor's Office on motion of Trustee Jerome, seconded by Hunter and carried. ~ on public liability and property damage insurance for the City and stated that a proposal had been received from Smith Brothers Insurance, issued by Fireman's Fund Indemnity Company, for a premium, of $25,806.73 per year, subject to final audit of automotive equipment and including an "excess" policy which will be secured from Lloyds of London covering bodily injury at the BoWl only above $300,000.00 to $1,000,000.00. Also that a proposal had been received from E.D. Holmes, Jr., issued by the Pacific Indemnity Company, for a premium of $32,602.18. On recommendation of the Administrator and on motion of Trustee McBride, seconded by Hunter carried, the proposal of Smith Brothers Insurance Company was accepted In Re Map Tract 1625 Dedication Edinger, Shelton, Stanford etc. (Cecil C. DeVor~ crux) In Re Communication Water Supt, (number of active water meters) effective December 13, 1952, at 12:01 A.M. . On motion of Trustee Jerome, seconded by McBride and carried, Map Tract No. 1625 and bond submitted by Cecil C. DeVote crux, in the sum of $34,000.00 were approved and officials authorized to sign Map covering dedication of Edlnger, Shelton, Stanford, Pomona, Berkeley Occidental and Baker Streets. # Communication was read from H.M.Neighbour, Water Superintendent, advising that the number of active water meters as of November 30, 1952, was 15,434 .and that the balance due Santa Aha Commercial Company for the month of November, 1952, is $13,018.90. On motion of Trustee Hunter, seconded by Jerome and carried, the communication In Re Returns of Special ~ensus - estimated gas tax revenue was received and filed. ,# Communications were read from Secretary of State and from the Depart- ment of Public Works reference special census taken as of October 23, 1952, and based on the new population, the estimated gas tax revenue for the 1953 fiscal year amounts to $156,830.00. On motion of Trustee H,Auter, seconded by Jerome and carried, the communications were received and filed. # CHARTER OF THE CITY OF SANTA ANA ARTICLE I. Section Section Section Section Section Section Section Section Section Section Section ARTICLE Section ARTICLE IlL TABLE OF CONTENTS INCORPORATION AND SUCCESSION 100. Name of City 101. Boundaries .102. First Fiscal Year 103. Rights of Off'cars and Employees Preserved 104. Continuance of Present Officers and Employees 105. Transfer of Records and Property 106. Rights and Liabilities 107. Ordinances Continued in Effect 108. Continuance of Contracts and Public Improvements 109. Pending Actions and Proceedings. 110. Effective Date of Charter POWERS OF THE CITY 200. Powers of the City FORM OF GOVERNMENT Section 300. Form of Government ARTICLE IV. CITY COUNCIL Section 400. City Council: Number, Selection, and Terms of Members Section 401. City Council.' Qualifications of Members Section 402. City Council: Compensation of Members Section 403, City Council: Vacancies Section 404. Presiding OFricer: Mayor Section 405. City Council: Acting Mayor, Vice Mayor Section 406. City Council: Judge of Elections and Qualifications of Members Section 407. City Councih Powers and Duties Section 408. City Council: Interference in Administrative Matters Section 409. City Council: Meetings Section 410. City Council= Quorum Section 411. City Council= Rules and Procedures Section 412. City Council: Citizen Participation Section 413. Ordinances and Resolutions: Adoption Section 414. Ordinances: Enactment Section 415. Ordinances: Emergency Section 416. Ordinances: Publication Section 417. Ordinances: When Effective Section 418. Ordinances: Amendment Section 419. Ordinances: Codification Section 420. OrdJances: Vio)ation and Penalty Section 421. Contracts Section 422. Competitive Bidding Section 423. Independent Audit Section 424. Publication of Legal Notices ARTICLE V. CITY MANAGER Section 500. City Manager: Appointment, Removal, and Qualifications 501. City Mansger~ Powers and Duties 502. City Manager: Council Table --2-- Section Section Section ARTICLE VI. Section Section Section Section Section Section Section Section Section Section 609. Section 610. Section 611. Section 612. Section 613. Section 614. 503. City MenageT; Absence, Disability REVENUE AND TAXATION 600. Tax ,System 601. Tax Limits 602, Bonded Debt Limits 603. Fiscal Year 604. Budget: Preparation by tl~e City Manager 605. Budget: Submission to the City Council 606. Budget: Public Hearing 607. Budget: Further Consideration and Adoption 608. Budget: Amount to be Raised by Property Tax end Certification to the County Budget Appropriations Funds: General Fund Funds: Capital Improvement Funds Funds: Working Capital Revolving Funds Claims and Treasury Warrants Claims for Money or Damages Section 615. Allotments ARTICLE VII. OFFICERS AND EMPLOYEES Section 700. City Administrative Organlzaflon Section 70~. Officers Appointed by the City Council Section 702. C~erk of t~e Council: Powers and Duties Section 703. City Attorney: Powers and Duties Section 70,1. Director of Finance: Powers and Duties Section 705. Director of Public Works: Powers and Duties Section 706. Director of Recreation and Parks: Powers and Duties Section 70?. Appointment Powers of Department Heads ARTICLE VIII. BOARD OF EDUCATION Section 800. Board of Education: Number, Selection, and Term of Members Section 801. First Board Under Charter Section 802. 8oard of Education: Qualifications of Members Section 803. Board of Education: Compensation of Members Section 804. Board of Education: Vacancies ARTICLE IX, APPOINt'lYE BOARDS AND COMMISSIONS Section 900. Appointive Boards and Commissions Section 901, Appointive Boards end Commissions: Appointments, Removals, Vacancies, Terms Section 902. Appointive Boards and Commissions: Appropriations Section 903. Appointive Boards and Commissions: Existing Boards Section 904. Apointive Boards and Commissions: Meetings, Chairman Section 905. Appointive Boards and Commissions: Compensation Section 906. Appointive Boards and Commissions: Attendance of Witnesses, Oaths, and Affirmations Section 907. Board of Recreation and Parks Section 908. Board of Recreation end Parks: Powers and Duties Section 909. Planning Commission Section 910. Planning Commission: Powers and Duties --3-- Section Section ARTICLE X. Section Section Section Section Section Section Section Section Section Section Section Section ARTICLE XI. Section Section Section Section Section Section Section ARTICLE XII. 911. Personnel Board 912. Personnel Board: Powers and Duties CIVIL SERVICE 1000. Merit Basis of Appointment 1001. Civil Service Rules and Regulations 1002. Competitive end Excepted Service 1003. Appointments From Competitive Service to Excepted Service 1004. Position Classification and Pay Plan 1005. Recruitment and Examinations 1006. Promotions 1007. Eligible Lists, Certification, and Appointment 1008. Suspensions, Demotions, Dismissals 1009. Abolition of Positions, Lay-offs 1010. Prohibitions 1011. Contract for Performance of Administrative Functions GENERAL PROVISIONS 1100. Investigations by the City C~ouncJl or City Manager 1101. Publicity of Records 1102. illegal Contracts, Financial Interest 1103. Official Bonds 1104. Administering Oaths 1105. Oath of Office 1106. Officers of the City ELECTIONS Section 1200. Elections: In General Section 1201. Elections: General Municipal Section 1202. Ejections: Special Municipal Section 1203. Elections: Procedures for Holding Elections Section 1204. Elections: First Election Under Charter Section 1205. Initiative, Referendum, and Recall ARTICLE Xill. FRANCHISES Section 1300. Franchises: In General Section 1301. Franchises: Terr~s of Franchises Section 1302. Franchises: Grants to be in Lieu of all Other Franchises Section 1303. Franchises: Resolution of Intention, Notice, and Public Hearing Section 1304. Franchises: Duties of Grantees Section 1305. Exercise of Privilege Without Franchise Section 1306. Eminent Domain Section 1307. City-Owned Utilities ARTICLE XIV. RETIREMENT Section 1400. Employees' Retirement System ARTICLE XV. MISCELLANEOUS Section 1500. Amendments to Charter Section 1501. Violations Section 1502. Definitions Section 1503. Separsbility CHARTER OF THE CITY OF SANTA ANA We, tho people of the City of Santa Ana, State of California, do ordain end establish this Charter as the organic law of the City of Santa Ana under the Constitution of the State of California. ARTIC~.E I INCORPORATION AND SUCCESSION Section 100. NAME OF CITY. The City of Santa Aha shell con- tinue to be · muncipal body politic end corporate and shall be possessed of all of the property and interest of which it wes possessed at the time this Charter takes effect. Section 101. BOUNDARIES. The boundaries of the City shall be tho boundaries as established at the time this Charter takes effect, with the power and authority to change the same being as provided by law. Section 102. FIRST FISCAL YEAR. The first fiscal year shall begin on the first day the provisions of this Charter become effective and shall end on the last day of the following June, end the succeeding fiscsl years shall end respectively on the I.ist day of June in each succeeding year. Section 103. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED. Nothing in this Charter contained, except es specifically provided, shell affect or impair the rights or privileges of officers or employees of the City in relation to personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights, or any other rights or privileges of officers or employees of the City or any office, department, or agency thereof. Section 104. CONTINUANCE OF PRESENT OFFICERS AND EM- PLOYEES. All officers and employees of tho City at the time this Charter takes effect shall continue in the performance of their duties until provision shall have been made In accordance with this Charter for the performance or discontinuance of such duties. Section 105. TRANSFER OF RECORDS AND PROPERTY. All records, property, and equipment of any office, department,' or agency, or part thereof, all of the powers and duties of which ere assigned to any other office, department, or agency by this Charter, shall be trans- ferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency, or part thereof is by this Charter assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, er agency to which such powers and duties are so assigned. Section 106. RIGHTS AND LIABILITIES. The City of Santa Ana, as successor in interest of the municipal corporation of the same name, shall own, possess, control, and in every way succeed to and become the owner of all rights and of all property of every kind and nature owned, --5-- ¸il, possessed, or controlled et the time this Charter takes effect, end shell be subject to all the debts, obligations, end liebilitlec then existing of this municipal corporation. Section 107. ORDINANCES CONTINUED IN EFFECT. All ordin- ences and resolutions and all rules, regulations, and orders legally mede by any offlce, department, agency, or officer of the City, in force et the effective date of this Charter, and not inconsistent herewith, shill remain in force until emended, repealed, or superseded as provided heroin. Section 108. CONTINUANCE OF CONTRACTS AND PUBLIC IM. PROVEMENTS. All contracts entered into by the City, or for its benefit, prior to the taking of effect of this Charter, shall continue in full force end effect. Public improvements for which legislative steps have been taken under laws existing at Ihe time this Charter takes effect may be carried to completion es nearly es practicable in accordance with the provisions of existing laws or may be continued or perfected under this Charter. Section 109. PENDING ACTIONS AND PROCEEDIHGS. No action or proceeding, civil or criminal, pending et the time when this Chsrter shall take effect, brought by or against the City or any office, depart- ment, agency, or officer thereof, shall be affected or abated by the adoption Qf this Charter or by anything it contains; but ell such actions or proceedings may be continued notwithstanding that functions, powers, end duties of any of~ce, department, agency, or officer party thereto may by or under this Charter be assigned or transferred to another office, department, agency, or officer, but in that event the same may be prbsecuted or defended by the head of the offlce, department, or agency to which such functions, powers, and duties have been assigned or transferred by or under this Charter. Section 110. EFFECTIVE DATE OF CHARTER. For the purpose of nominating end electing members of the City Council end the Board of Education, the provisions of this Charter shall become effective from the date of its approval by the Legislature of the State of California. For ell other purposes this Charter shall be in effect on the first Tuesday next following the first election of members of the City Council thereunder, at eight (8:00) o'clock P.M. ARTICLE II POWERS OF THE CITY Section 200. POWERS OF THE CITY. The City shill have the power to make end enforce all laws end regulations in respect to munlcipel affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of Celifornla. It shall also have the power to exercise any and all rights, powers, privileges heretofore or hereafter established, granted, or prescribed by any law of the State, by this Charter, or by other lawfu~ authority, or which e municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held 10 be exclusive of, or any limitation upon, this general grant of power. ' The City shall have the power to act pursuant to procedure estab- lished by any law of the State, unless a different p~ocedure is estab. fished by ordinance. ARTICLE IlS FORM OF GOVERNMENT · Section 300. FORM OF GOVERNMENT. The munlcipsl govern- ment established by this Chsrter shall be known as the "Council. Manager" form of government. ARTICLE IV CITY COUNCIL Section 400. CITY COUNCIL: NUMfiER, SELECTION, AND TERMS OF MEMfiERS. The City Council shall consist of five members elected from the City at large at tho tlmec and in the manner provided in this Charter for s term of four years. The term of each member shall begin the first Tuesday foflowing such election and esch shall serve, except as otherwise provided for in this Charter, until his successor is elected and qualified. If, at any municipal election for members of the City Council, there shall be no choice between candidates by reason of two or more candidates having received an equal number 'of votes, then the City Council shall proceed to determine tho election of such candidates by lot. At the first election under this Charter es provided in Article XII the three members elected to tho City Council receiving the highest number of votes shall hold office until the second Tuesdsy of ,a~oril, 1957, and the two members receiving the lowest number of votes shall hold offlse until the ~ecofld Tuesday of April, 1955. Section 401.' CITY COUNCIL: QUALIFICATIONS OF MEMBERS. Each member of the City Counci~ shall be a qualified elector of the City and shall have resided in said City for at least two years next preceding the date of his election or appointment, if a member of the City Council shall casse to be a qualified elector of the City or shill be convicted of a crime involving moral turpitude, his offlce shall immediately become vacant and be so declared by the City Council. 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 Seventy-five Dollars ($7'5.00). Further, each member of the City Council shsll receive reim- bursement far required travel and other expenses while on official busi- ness outside the City as authorized and approved by the City Council. Absence of a member of the City Council from ell regular end special meetings of the City Council during say calendar month shall render him ineligible to receive the monthly salary for such a calendar month unless by permission of the City Cc~uncll expressed in its offlcisl minutes. Section 403. CITY COUNCIL: VACANCIES. In the event of a vacancy in the City Council, for whatever cause, tho City Council shall declare tho office vacant and fill the same by appointment. In each case ' the person so appointed shall hold office until the first Tuesday following the next general municipal election and until his successor is elected and quafifled for the remainder of an unexpired term. If the City Council shell fell to fill · vacancy by appointment within thirty days after such an ofllct shall hive become vacant, It shall forthwith cause an election to be held to fill such vacancy. If a member OF the City Council absents himself from all regular meetings of tho City Council for a period, of sixty days consecutively from and after the lsat regular City Councd meeting attended by such member, unless by permission of the City Council expressed In its official minutes, or if a member is convicted of a crime involving moral turpi- tude or shall cease to be a qualified elector of the City, his office shall become vacant and shill be so declared by the City Council. Section 404. PRESIDING OFFICER. MAYOR. In the first meet- ing of the City Council following any general or special election at which members of the City Council are elected, the City Council shall elect one of its members as presiding off]car who shall hav.e, the title of Mayor. The Mayor shill have voice sad vain in all of the C:ty Council's proceedings and shill bo recognized as hesd of the City government for all ceremonial purposes. The Mayor shall have no administrative duties but shall perform such other duties as may be prescribed by th~s Charter, or imposed by the City Council, consistent with his office. The Mayor shall serve in his capacity as Mayor at the pleasure of the City Council. Section 405. CITY COUNCIL: ACTING MAYOR. VICE MAYOR. In the first meeting of the City Council following any general or special election at which members of the City Council are elected, the City Council shill elect a Vise Msyor who shill act as Mayor during the absence from the City or disability of the M~yor. Section 406. CITY COUNCIL: JUDGE OF ELECTIONS AND QUAL- IFICATIONS OF MEMBERS. The City Council shall be the judge of the election and qualifications of its members as defined in Section 401 of this Article and shill meet on the first Tuesday after any municipsl election at which members of the City Council are elected, duly canvass the returns and declare the results thereof, and install elected members, If any. Section 407. CITY COUNCIL: POWERS AND DUTIES. All powers of the City sad the determination of all matters of policy shall be vested in the City Council, subject to the provisions of this Charter end to the Constitution of the State of California. Section 408. CITY COUNCIL: INTERFERENCE IN ADMINISTRA- TIVE MATTERS. Except for the purpose of inquiry, the City Council and its members shsti deal with thu administrative branch of the City government solely through the City Manager or hls designated deputy, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Neither the City Council nor any of its members shall direct or request the appointment of any person to, or his removal from, in office by the City Manager or by any of his subordinates, .or in any manner take part in the appointment or removal of officers and employees in the admin- istrative branch of the City government, except as specifically provided in this Charter. Section 409. CITY COUNCIL: MEETINGS. The City Council shall meet regularly end in special session at such times and in the manner as shall bo prescribed by ordinance and subiect to the provisions of this Charter. The City Council shall hold regular meetings at least two times each month end may adjourn or readiourn 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 s 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 celled at any time by the Mayor, or by three members of the City Council, by written notice deSivered person- ally to each member of the City Council et least six hours before the time specified for the proposed meeting. If all members of the City Council shill give their consent, in writing, to the holding of a special meeting and such consent is un file with the Clerk of the Council at the time of the holding of such · special meeting, a special meeting shall also be valld~y called. A telegraphic communication from · member consenting to the holding of such a meeting shall be considered · consent in writing. Only such matters may bo 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 chaff be open to the public. The City Council may adjourn to another location wtihin the City Hall as publicly announced. If, by reason of fire, floud, or other emergency, it shall be unsafe to meet In the place designated, tho meetings may be held for the duration uf the emergency et such place designated by the Mayor er, if he should fail to act, by three .members of the City Council. Section 410. CiTY COUNCIL: QUORUM. Three members of tho City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In tho absence of ell of tho members of the City Council from any regular meeting, tho 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 es 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 end to preserve order et its meetings. It shall, through the Clerk of the Council, maintain a record of its proceedings which shall be open to public inspection. The City Council shall organize standing commiltees of its members for the principal functions of the government of the City. It shall be thu 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 tho City Council inforo marion or recommendations which shaft enable the City Council properly to legislate. Each member of the City Council shall have the power to edmlnister oaths and afflrmetions in any investigation or prnceeding pending before the City Council. The City Council shall have the power end the author- ity on any investigation or proceeding pending before it to impel the attendance of witnesses, to examine them under oath, end to compel the production of evidence before it. Subpoenas may bo issued in the name of the City and be attested by the Clerk of the Council. Disobedi- ence of such subpoenas, or tho 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 412. CITY COUNCIL: CITIZEN PARTICIPATION. No citi- zen shall be denied the right personally, or through counsel, to present grievances at any meeting of the City Council, or to offer suggestions for the betterment of City affairs. Section 413. ORDINAN. CES 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 bo included in the meaning of the foregoing sentence. No ordinance shall be passed finally on the day it is intro- duced, except for emergency ordinances as hereinafter defined, nor within six days thereafter, nor at any time other than et a regular or ajourned meetings. In the event that any ordinance is altered after its introduction, the same shall net 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 read- ing of the title therec~f, the further reading thereof is waived by unani- mous consent of the members of the City Council present. The rights and powers conferred onthe City Council shall be exercised by ordi- nance when so provided by this Charter or by law. Each act of the City Council establishing a fine or olher penalty or granting a franchise shall be by ordinance. Adoption of any ordinance or resolution shall require at least three affirmative votes unless a higher vote is required by other provisions of this Charter. No ot~cfer for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. All ordinances and resolutions shall be signed by the Mayor and attested by the Clerk of the Council. Section 414. ORDINANCES: ENACTMENT, The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Santa Aaa does ordain as follows:" --10-- Section 415. ORDINANCES: EMERGENCY. Any ordinance de- clared by the City Council to be necess ~a~y 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 Jf passed by at least four affirmative votes. Section 416. ORDINANCES: PUBLICATION. The Clerk of the Council shall cause each ordinance to be published at least once in the official newspaper within fifteen days after final adoption. Section 417. ORDINANCES: WHEN EFFECTIVE. Ne ordinance finally adopted under the provisions of this Charter shall become effec- tive until thirty days from and after the date of its final adoption except: (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law or procedural ordinance; (c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; (d) An emergency ordinance adopted in the manner provided for in this Charter. All ordinances of any of the cla~sos heretofore excepted by this section shall take effect upon tho date of publication er posting. Section 418. ORDIhlANCES: AMENDMENT. The amendment of any section er sections of an ordinance may be accomplished solely by the re-enactment of such section or sections at length, as amended. Section 419. ORDINANCES: CODIFICATION. Any or all ordi- nances of the City which have been enacted and published in the manner required at the time of their adoption and which have not been repealed, may be compiled, consolidated, revised, indexed, and arranged in a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordi- nances, but not less than three copies thereof shall be filed for use and examination In the office of the Clerk of the Council prier to the adoption thereof; and, in lieu of the publication of the ordinance, there shall be published a notice in the official newspaper describing the ordinance in brief and in general terms and stating that the code is available for public inspection at the office of the Clerk of the Council, together with the time and place when and where it will be considered for final passage. Ordinances codified shall be repealed as of the effective date of the code. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally. Detailed regulations pertaining to any subject such as the construc- tion of buildings, plumbing, wiring, or other subjects which require extensive regulations, aftE~r having been arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. Section 420. ORDINANCES: VIOLATION AND PENALTY. The t11-- City Council may make tho violation of its ordinances a misdemeanor which may be prosecuted in the name of the People of the State of California or may be redressed by Civil Action and may prescribe pun- ishment for such violation by fine not lo exceed Five Hundred Dollars ($SOQ.OQ), or by imprisonment not to exceed six months, or by both such fine and imprisonment. 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 vote of three of its members, any officer Qf the City to bind the City Qn 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 ($20Q.00) in any one contract. Further, the City Council may authorize, by vote of three of its members, the City Manager lo bind the City Qn contracts in writing without advertising and without previous approval by the City Council of each specific item for the pay- ment of charges for supplies, labor, or other valuable consideration to be furnished the City, in amounts not exceeding Two Thousand Dollars ($2,0QO.0Q) in any one contract. Every contract involving an expenditure of more than Two Thous- end Dollars ($2,000.00) for materials, supplies, or equipment, er for public works construction (as hereinafter defined) shall be made by the City Council with the Iowesl 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 end may re- advertise in its discretions. After rejecting such bids, or if no bids are received, the City CQmtCil may determine and declare that, in its opinion basd on estimales 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 at least four affirmative voles of the City Council may proceed to have said work done in the manner slated, without further observance of the pro- visions Qf this section. Such contracts likewise may be let without idver- rising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of llfe, health, or property, and shall be authorized by motion passed by at least four affirmative votes of Ihe 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 sl~all not be considered as public works construction. --12-- The City Manager shall recommend end~ the City Council shall consider and adopt by ordinance rules and regulations governing the contracting and purshaslng of all services, supplies, material, and equip- ment required by any office, department, agency, officer, or employee of tho City government. Section 422. COMPETITIVE BIDDING. Subject to the provisions of this Charter and rules and regulations prescribed by the City Council by ordinance, ample opportunity shall be given for competitive bidding before making purchases of, or contracts for, supplies, materials, or equipment. Section 423. INDEPENDENT AUDIT. Prior to the beginning of each fiscal year the City Council shall designate a qualified certified public accountant who shall make an independent audit of the accounts and other evidences of financial transactions of the Cityguvernment dur- ing the ensuing fiscal year and shall submit his report to the City Council and the City Manager at the end of such fiscal year. Three copies of his report shall be placed in tho office of the Clerk of tho Council where the copies of tho report shall be made available for inspection by the gen- eral public. Such certified public accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of the officers of the City. Section 424. PUBLICATION OF Z.EGAL NOTICES. Ail ordinances finally adopted under the provisions of this Charter shall be published in tho English language by st least one insertion in the official newspaper as hereinsfter defined. In the event there is no official newspaper of general circulation published and circulated in the City, such ordinances and other legal notices pertaining to City affairs may be published by posting for at least ten days in at least three public places in the City within fifteen days after final adoption of the ordinances. No ordinance shall be valid or take effect without publication or posting, but no defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication or post- ing where the same is otherv.,ise in conformity with this Charter or law or ordinance. In tho event there is more than one newspaper of general circula- tion published in the City, the City Council, annually, prior to the begin. ning of each fiscal year, shall publish · notice inviting bids and contracts for the publication of all legal notices or other matter required to be published, in a newspaper of general circulation published and circu- lated in said City during the ensuing fiscal year. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract for the ensuing fiscal year with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The news- paper with which the City Council makes a contract for the ensuing fiscal year shall be designated as the official newspaper for the publi- cation of ordinances and other legal notices and matters. ¸',4 ARTICLE V CITY MANAGER Section S00. CITY MANAGER: APPOINTMENT~ REMOVAL, AND QUALIFICATIONS. The City Council ahell appoint a City Manager who by virtue of his poaition as City Manager ahell bo en officer of the City and who shall have the powers and shall perform the duties In thio Charter provided. No member of the City Council shall receive such appointment during tho term for wllich 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 at least four effirma- live votes, At least thirty days before such removal shaft become effect- ive, the City Council shall by resolution adopted by at least four affirma- tive votes 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 Ihan thirty days after the filing of such request. After such public hearing, if one be requested, end after full consideration, the City Council may remove the City Manager by motion adopted by at least four affirmative votes. The resolution stating the reasons for the removal of the City Manager may provide for tho 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 folluwing the date of adoption of the resolution. The City Manager shall bo chosen on the basis of his executive and administrative qualifications. He shall be paid a aalary commensurate with his responsibilities as ch!el administrative officer of the city. Secton 501. CITY MANAGER: POWERS AND DUTIES. The City Manager shall be the chief administrative officer and the head of the administrative branch of the City government. He shall be responsible to and under the direction of the City Council for the proper administra- tion of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities, and duties, the City Manager shall have power and be required to: (a) Subject to the civil service provisions of this Chaffer, appoint and remove all department heads and officers of the City except those officers the power of appointment of whom is vested in the City Council and as otherwise provided in this Charter, and pass upon and approve all proposed appointments and removals of subordinate emloyeec by all officers and heads of offices, agencies, and departments; (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption; (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activi- ties of the City for the preceding year; (d) Keep the City Council advised of the financial condition and --14-- future needs of the City and make such recommendations aa to these matters es may seem to him desirable; (e) Keep himself informed of the activities of the several agen. ties, offices, and departments of the City and see to the proper adman. Istration of their affairs and the efficient conduct of their business~ (f) Be vigilant and active in causing ali provisions of the law to bp executed end enforced; (g) Perform all such duties es may be prescribed by this Charter or required of him by the City Council, not inconsistent with this Charter; (h) Submit a monthly report to the City Council covering signifii. cant activities of the City agencies, offices, and departments under his supervision and any sionificsnt changes in administrative rules and procedures promulgated by him; (i) Submit special reports in writing to the City Council in answer to any requests for information filed with him by · member of the City Council. Section 502. CITY MANAGER: COUNCIL T.A. BLE. The City Man. agar shall be accorded i seat at the City Councd table and shall be entitled to participate in the deliberations of the City Council, but shall not hive a vote. He shall attend all regular and special meetings of the City Council unless physically unable to do so or unless his absence has received prior approval by a majority of the Council. Section 503. CITY MANAGER: ABSENCE, DISABILITY. To perform his duties during his temporary absence or disability, the City Manager may designate by letter tiled with the Clerk of the Council one of the other officers ur department heads of the City to serve es Acting City Manager during such temporary absence or d~sabllJty. Such designation shall be subiect to change thereof by the City Council. In the event of failure of the City Manager to make such designation, the City Council may by resolution appoint an officer or department head of the City to perform the duties.of the City M~neger until he shaft be prepared to resume the duties of office. ARTICLE VI REVENUE AND TAXATION ' Section 600. TAX SYSTEM. For the purpose of ad valorem municipal taxation, the county system of assessment and tax collection as such system is now in effect or may hereafter be amended, and insofar as such provisions ere not in conflict with this Charter, shall continue to be used unless otherwise provided by ordinance. Section 601. TAX LIMITS. Exclusive of special levies permitted by this Charter, the City Council shay not levy for municipal purposes · property tax In excess of One and One-Fourth Dollars ($1.25) on each One Hundred Dollars ($100.00) of the assessed value of taxable prop- arty in the City, unless authorized by the affirmative votes of two-thirds of the electors voting on the proposition et any election et which the question of such increased levy for municipal purposes is submitted to the electors. The number of years in which such increased levy is to bo made shall be specified in such proposition. There shall be Fevied and collected, as additional taxes, at the time and in the same manner es other property taxes for municipal purposes are levied and collected: la) A tax sufficient to meet ell liabJlJt]ec of the City for principal and interest of all bonds or judflments due end unpaid, or to become due during the ensuing fiscal year, if no other provision for the pay- ment thereof.is made; lb) A tax sufficient to meet all obligations of the City to the State Employees' Retirement System, or other system for tho retirement of City employees, due and unpaid or to become due during the ensuing fiscal year, if no other provision for the payment thereof is made. Special levies, in addition to the above but not to exceed a total of Thirty Cents (30c) on each One Hundred Dollars ($100.00)of the assessed value of taxable property in the City, may be made annually by the City Council, based on budget requirements approved by the City Council for the following specific purposes: libraries and racrea- tion end parks. Additional special levies for purposes of library and park and recreation activities over and above the Thirty Cents (3Qc) limitation contained Jn this paragraph may bo authorized by the affirma- tive votes of two-thirds of the electors voting on the proposition at any election at which tho q~Jestion of such increased special levy is submitted to the electors. Tho number of years in which such increased levy Js to be made shall be specified in such proposition. The proceeds of any such special levy shall be used for no other purpose thin thQse specified in the proposition submitted to the electors. Section 602. gONDED DEBT LIMITS. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the eggregate exceed ten percent of the total assessed valuation, for put. poses of City taxation, of sll the real and personal property within the City. No bonded indebtedness which shall constitute · general oblige. Sion of the City mey be created unless authorized by the affirmative votes of two-thirds of tho electors voting on such proposition st 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 Chsrter. Bonds, which are paysble solely end exclusively out of the rev- enues of the revenue-producing ut/lit/es 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, al an e~ection at which such proposition shall have been duly submitted to the qualified electors of the City. Such revenue bonds shaft be excluded from the --16-- debt limit hereinbefore established and shall not constitute en indebted- ness of the City. Such proposition shaft specify (a) the property to be acquired end/ or the improvements or additions to be made to the equipment for such revenue-producing utifity, or utilities, and the estimate of the cost there- of, (b) the maximum amount of bends to be issued for such purposes, (c) the regulations and procedures fur the sale and issuance of the bonds, end (d) the provision to be made from the revenue of the utilities for the payment of interest on, and retirement of, the heads. Section 60:3. FISCAL YEAR. The fiscal year of the City govern- ment shall begin on the first day of July of each year and end on the thirtieth day of June the following year. Section 604. BUDGET: PREPARATION BY THE CITY MANAGER. At such time es the City Manager may prescribe, but not later than sixty days prior to the beginning of each fiscal year, each head of any office, agency, or department of the City government shall submit, through the Director of Finance, to the City Manager on forms and in the manner prescribed by the City Manager a detailed financial plan for the proper conduct of the office, agency, or department under his control. With this financial plan shall be submitted such summaries, schedules, and supporting data es may be prescribed by the City Manager. In prepar- ing the proposed City budget, the City Maneger shall review the finan. cial plans submitted, hold conferences thereon with the office, agency, and department heads, respectively, and revise such plans as he may deem advisable. Section 605. BUDGET: SUBMISSION TO THE CITY COUNCIL. On or before the fifteenth day of May 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 affirmative vote of at least three 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 s notice thereof net less than 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 held a public hearing on the proposed btJdget, at which interested persons desiring to be heard shall be given such opportunity. Section 607. BUDGET: FURTHER CONSIDERATION AND ADOPT- TION. After the conclusion of the public hearing, the City Council may further consider the proposed budget and make any revisions thereof that it may deem advisable. On or before .luna 30 the City Council shall adopt tho budget with revisions, if any, by the affirmative votes of et least three of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. The budget adopted by the City Council shell provide for the sup. port of public recreation programs at least the equivalent of Six Cents (6c) on each One Hundred Dollars ($100.00) of the assessed value of taxable property in the City on the legal assessment date for the prev. tous 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 shell be placed, and shill remain on file, in the office of the Clerk of the Counci~ where it shell bo evaiEable for inspection. The budget so certl. fled shall he reproduced and copies made available for the use of ell officers, offices, departments, and ether agencies of the City end for the use of civic organizations. Section 608. BUDGET: AMOUNT TO BE RAISED BY PROPERTY TAX AND CERTIFICATION TO THL: COUNTY. The City Council shell determine the amount of money required to bo raised by ad valorem municipal taxation and shall fix the ad valorem municipal tax rate end certify the same to the county authorities if the county system of ad valorem assessment and tax collection is used by the City. If the City Council fails to fix the rate end levy taxes on er before August 31, in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax et such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 609. BUDGET APROPRIATIONS. From tho effective date of the budqet, the several amounts stated therein as proposed expendl. turos shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein speci- fied as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall nel have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the City Council may ame,d or supplement the budget by motion adopted by the affirmallve votes of et least four members so as to authorize the transfer of unused balenses 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 provid. ing for the support of public recreation programs below the amount spe~:ified in Section 607 of this A~ticie. Section 610. FUNDS: GENERAL FUND. All money paid into the City treasury shall he credited to and kept in separate funds in accord- ance with the provisions of Ihls Charter, state law, or ordinance. For the purpose of this Charter, the "General Fund" is established es a medium of control and accounting for City activities other than activities author- ized or contemplated by special funds. All revenues and receipts which are not by this Charter, stete law, or ordinance pledged for special pur- poses shall be credited to the General Fund. The City Council shall maintain a revolving fund to be known as the "Stabilization Fund", for the purpose of placing the payment of running expenses of the City during the fiscal year on a cash basis. A reserve shall be built up in this fund from any available sources in an amount which the City Council deems sufficient with which to meet all lawful demands against the City for tho first five months, or other neces- sary period, of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible on · cash basis. All moneys so transferred from the Stabilization Fund shall be returned thereto before the end of the fiscal year. Section 611. FUNDS: CAPITAL IMPROVEMENT FUNDS. A fund for capital improvements generally is hereby created, to be known as the "Capital Improvement Fund". The City Council may. create by ordinance a special fund or funds for · special capital improvement purpose. The City Council may levy and collect taxes for capital im- provements end may include in tho ennual tax levy a levy for such purposes, in which event it must apportion and appropriate to eny such fund or funds tho moneys der;rod from such levy. it may not, in mak- ing such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of a maiorlty of the e~ectors voting on the proposltion at any election at which such ques- tion is submitted. The number of years in which such increased levy is to be made shall be specified In such proposition. The City Council may transfer, subject to the provisions of this Charter, to any such fund any unencumbered surplus funds remelning Qn hand in the City et any time. Once created, such fund shall remain inviolate for the purpose for which it was created, and if for a special capital improvement, then for such purpose only, unless the use of such fund for some other purpose is authorized by the effirmatlve votes of · majority of the electors vot- ing on such proposition at · general or speclsl election at which such proposition is submitted. If the purpose for which eny capital improvement fund has been created has been accomplished, the City Council may transfer any un- expended or unencumbered surplus remaining in such fund to the fund for capital improvements generafly, established by this Charter. Section 612. FUNDS: WORKING CAPITAL REVOLVING FUNDS. The City Council may provide, by ordinance, for the establishment end maintenance of working cap~t,,I funds for budgeted activities which are largely of a service nature for off~ces, departments, or agencies of the City. Such funds shall be operated on · revolving fund bisis. Section 613. CLAIMS AND TREASURY WARRANTS. Any claim against the City shall be in writing and may he in the form of a bill. invoice, payroll, or formal demand. Tho DireCtor of Finance, wllh approval of the City Manager, may pr~Scribe the ~c)rm, or forms, on which claims against tho City shill be presented to him. Each such claim shall be presented to the Director of Finance, who shall examine and audit it. If tho claim is correct in all respects, has not previously been paid nor certified for psymnnt, is provided for by an appropriation far the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation, and if the claim is otherwise legally duo and payable, the Director of Finance shall so certify on the original form evidencing the claim and shall draw his warrant on the Treasury, and against the proper fund, for the pay- ment thereof. All claims certified for payment by the Director of Finance, and warrants drawn by him for the payment thereof, shall be transmitted by him to the City Manager together with a list of such warrants pay- able from each fund, showing for each warrant the number, date, and amount of the warrant and tho name of 'the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the Director of Finance and/ or tho City Miniger to approve any claim, In whose or in par1, rely present such claim to the City Council. The City Council, after examina- tion into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the Director of Finance to draw his warrant on the Treasury in payment thereof. For any such claim for which no provision, by way of an appro- priation, exists, but which is approved for payment by the City Council, appropriation by tho City Council shall be made therefor before tho Director of Finance is ordered to draw his warrant in payment thereof. Warrants on the City Treasury which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registratian when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. Section 614. CLAIMS FOR MONEY OR DAMAGES. Except in those cases where a shorter, time is otherwise provided by law, all claims for money or damages against the City must be presented to the Director of Finenco within ninety days after tho occurrence, event, or transaction from which the damsges allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place, and circumstances of the occurrence, and the extent of the injuries or damages received. All other ciiims or demands shall be presented to the Director of Finance within ninety dsys after the last Slam of Ihe account or claim accrued. In all cases such claims shall be approved or rejected in writing and the date thereof given. Failure to act upon any claim or demand within sixty days from the day the same is filed with the Director of Finsnce shall be deemed a rejeclion thereof. No suit shall be brought on any claim for money or damages against the City, or any °ffi~er Or board ~heroef, until a demand for the same has been presented as herein provided and rejected in whole or in pa:t: Section 615. ALLOTMENTS. For the purpose of exercising con- tinuous budgeting end for exercising budgetary control, the City Coun- cil shall 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 tho year by the various offices, agencies, and departments of the City. ARTICLE VII OFFICERS AND EMPLOYEES Section 700. CITY ADMINISTRATIVE ORGANIZATION. The City Council may provide by ordinance not inconsistent with this Charter, for the organization, conduct, and operation of the several offices, de- partments, and other agencies of the City as established by this Charter, for the creation of additional departments, divisions, offices, and agen- cies and for their alteration or abolition, for their assignment and re- assignment to departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. The City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies established by this Charter, but shall not discontinue or assign to any other office, depart- ment, or other agency any function or duty assigned by this Charter to a particular office, department, or agency. No office provided in this Charter, to be filled by appointment by the City Manager, shall be com- bined with an office provided in this Charter to be filled by appointment by the City Council. Notwithstanding the foregoing, the City Council may transfer or consolidate functions of the City government to or with appropriate functions of the state or county government and, in case of any such trsnsfer or consolidation, the provisions of this Charter providing for the functions of the City government so transferred or consolidated, shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance. Subject to the civil service provisions of this Charter, all officers and department heads of the City except the City Attorney and the Clerk of the Council, shall be appointed by the City Manager and shall serve st the pleasure of the City Manager. 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 at least four affirma- tive votes. 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. --21 -- Section 702. CLERK OF THE COUNCIL: POWERS AND DUTIES. Tho Clerk of the Council shall have the power and be required to: (al Receive all documents addressed to the City Council end present these documents to the City Council; (b) Attend all meetings of the City Council end its commJtteec and bo responsible for the recording and maintaining of an accurate ~ournei of Council proceedings and the recording of the ayes and noes in the final action upon the questions of granting franchises, making of con- tracts, approving of bills, disposing or leasing City property, the passage or reconsideration of any ordinance, or upon any other act that involves the payment of money or the incurring of debt by the City, end in all other cases upon the call of any member of the City Council; (¢) Maintain the iournal of Council proceedings in books which shall bear appropriate titles end which shall be available for public inspection; (d} Maintain separate books In which shall be recorded respective- ly ell ordinance and resolutions, with the certificate of the Clerk of the Council annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted Iff accordance with this Charter; and maintain all such books properly indexed and available for public inspection when not in actual use; (el Have charge of the repository for contracts, surety bonds, agreements, and other related documents of City business; (fl Maintain custody of the City seal; (gl Administer oaths or affirmations, take affidavits end doposi. lions pertaining to the affairs and business of the City, and issue car. titled copies of official City records; (h) Conduct all City elections. Section 70:3, CiTY ATTORNEY: POWERS AND DUTIES. To be- come eligible for the position of City Attorney the person appointed shall be en attorney-et.Jaw duly licensed as such under the laws of the State of California. He shall devote such time to the duties of his office as may be specified in the ordinance or resolution fixing the compensa. ties of such office. He shall have the power and he required to: (al Represent and advise the City Council and all City officers in all matters of law pertaining to their offices; ' (b) Attend all meetings of the City Council end give his advice or opinion in writing whenever requested to do so by the City Council or by any of the officers and boards of the City; (c) Prepare or approve all proposed ordinance or resolutions for the City, and amendments thereto; (d) Prosecute on behalf of the peop(e such criminal ca'es for vio- lations of this Charter, of City ordinances, and of misdemeanor offenses arising ~zpon violations of the laws of the State as in his opinion, or that of the City Council, or of the City Manager, warrant his attention; (e) Represent and appear for the City and any City officer or em- ployee, or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee, in or by reason of his official capacity, is concerned or is a party; (f) Approve the form of all bonds given to, and all contracts made by, the City, endorsing his approval thereon in writing; (g) On vacating the office, surrender to his successor all books, papers, files, and documents pertaining to the City's affairs. The City Council shall have control of all legal business and pro- ceedings and may employ other attorneys to take charge of any litiga. tion or matter or to assist the City Attorney therein. Section 704. DIRECTOR OF FINANCE: POWERS AND DUTIES. To become eligible for the position of Director of Finance, the person pointed 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 thc 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 the auditing of all purchase orders before issuance, the auditing and approv- ing 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 Jn the City budget, each of which accounls shall show the amo,',nt of apprepria- tions, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require reports of the receipts and dis- bursements from each receiving and expending agency of tho City gov- ernment 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 disbursments 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; --23-- (g) Administer the Ile~o# end business tax program of ~he City; (h) Direct treasury administration for the City, including the calving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to er under the control of the City or any office, department, or other agency of the City govern- ment; · nd deposit all funds coming into his hands in such depository as may be designated by resolution of the City Council, er, if no such resolution be adopted, by the City Manager, in compliance with all of provisions of the State Constitution and laws of the St·to governing the handling, depositing, and securing of public funds; (il Direct a centralized purchasing and a property control system for th· City government under rules and regulations to be prescribed by ordinance. Section 705. DIRECTOR OF PUBLIC WORKS: POWERS AND DUT* lES. To become eligible for the position of Director of Public Works, tho person appointed by the City Manager subject to the civil service provisions of this Charter shall be duly licensed as · registered civil engineer under the laws of the St·to of California and bo qualified to · dminister and direct an integrated department of public works. The Director of Public Works shall have power and bo required to: (·) Have charge of the administration of the public works affairs of the City under the direction of the City Minas·r; (b) Have the powers and perform tho duties, in person or by deputy, imposed by law upon tho Street Superintendent and the City Engineer; (c} Direct all of the engineering work of the City, whether it is performed by the forces of the City or by outside contractors, in making the necessary preliminary, construction, and general surveys and in pre- paring designs, plans, estimates, and specifications for public works improvements and betterments; keep the engineering records of the City; sod perform the engineering work requested by other departments of the City; (d) Conduct research in public works methods, procedures, prac- tices, and equipment, ·nd develop better ·nd more efficient me·ns of conducting the work of the department; la) Supervise tho public works improvements and betterments of the City; whether such construction work is done by contractors nr by the forces of the City, except for certain specialized kinds of construciton work that can, es designated by the City Manager, be better handled by other City departments; (fl .Supervise the operation and maintenance of the water supply and distr~bution systems of the City, and generally manage the water utility operations; (gl Operate and maintain the sanitary and storm water sewer ~ystems Qf the City; (h) Supervise the collection end disposition of all garbage and trash approv&d for municipal collection, whether such collection or dis- position is done by contractors or by City forces, and the cleaning of the streets of the City; (1) Supervise the maintenance of the streets of tho City including file pavement, sldowolks, and curbs; the operation and maintenance of the ornamental light system; the operation end maintenance of tho over. head street lighting system; and the cleaning of weeds from private lots as m&y be specified by ordJnince; (j) Control the excavation in City streets, the encroachment in the streets, the movement of oversize loads over City streets, and the con- ctructlon or maintenance by utility companies, other City departments, or private citizens of structures or improvements in the streets; (k) Recommend to tho City Council through tho City Manager es to (1) the amount of bond required to be given by public works con- tractors; (2) tho approval or disapproval of such bonds prior to or at tho time of executing contracts fur such work or Improvement; (3) the time when such work or improvement shall commence; (4) the time within which the same shall be completed; and (S) the extensions of time for completion thereof by the contractor therefor (when such times are not specified by ordinance). (1) Exercise all powers end duties that are now or may hereafter be imposed by isw to estimate or determine the benefits, damages, and costs incident to i proposed change of grade of, or any improvement of, any public street. . Section 706. DIRECTOR OF RECREATION AND PARKS: POWERS AND DUTIES. To become eligible for the position of Director of Recreation and Parks, the person appointed by the City Manager subject to the civil service provisions of this Charter shall he qualified by ex- parlance in recreation and park administration. The Director of Recrea. tlon and Parks shill hive power and be required to: la) Havo charge of the promotion, development, end administra- tion of the recreation programs and park a~airs of the City under the direction of the City Minager; lb) Develop, manage, and msintato recreation areas, parka, park- ways, playgrounds, gardens, and other areas owned, leased, or used for recreation purposes, and facilities in connection therewith; lc) Supervise recreation activities not conducted by the City but conducted in parka and other recreation areas of the City; (d) Render Iondscopo development and maintenance services re- quired by other City departments to the extent practicable; (e) Develop and carry out a planned program for beautification of the City; (f) Look to tho Board of Recreation and Parks toy counsel and idvico on public recreation and park matters; --25-- (g) Solicit to the fuflect extent practicable the cooperation of school authorities and other public and private agencies concerned with the recreation and park programs of the City. Section 707. APPOINTMENT POWERS OF DEPARTMENT HEADS. Subject to the approval of the City Manager and subject to civil service provisions of this Charter and the civil service rules and regulations established thereunder, each head of a department, office, or other agency shall have the power to appoint and remove such deputies, assistants, subordinates, and employees as are provided for by the City Council for his department, office, or other agency. ARTICLE VIII BOARD OF EDUCATION Section 800. BOARD OF EDUCATION: NUMBER, SELECTION, AND TERM OF MEMBERS. The Board of Education serving as the governing boards of the existing Santa Aaa School District, the Santa Aaa High School District, and the Ssnta Aaa Junior College District shall consist of five members elected at large by electors qualified to vote In such dis- tricts' elections, as provided by law, at the times and in the manner pro- vided in this Charier 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 suc- cessor is elected and qualified. Section 801. FIRST BOARD UNDER CHARTER. The members of the Board of Education of the existing School Districts holding office when this Charter takes effect shall continue in office until their success- ors shall be elected and qualified under this Charter. The three members elected to the Board of Education at the first special election to be held for the election of the members of the City Council and the members of the fioard of Education under this Charter as provided in Article XII, receiving the highest number of votes shall hold office until the second Tuesday of April, 1957, and the two mem- bers receiving the lowest number of votes shall hold office until the second Tuesday of April, 1955. If, at any municipal election for mem- bers of the Board of Education, there shall be no choice between candi- dates by reason of two or more candidates having received an equal number of votes, then the Beard of Education shall proceed lo determine the election of such candidates by lot. Section 802. BOARD OF EDUCATION: QUALIFICATIONS OF MEMBERS. Each member of the Board of Education shall be a qualified elector of the School Districts as provided by law and shall have resided in said School Districts for at least two years next preceding the date of his election or appointment. If a member of the Board of Education shall cease to be a qualified elector of said School Districts or shall be convicted of a crime invelviqg moral turpitude, his office shall immediate BARS. Members of the Boerd of Educetlon shall receive .o compensa- · faun for their services es such. Section 804. BOARD OF EDUCATION: VACANCIES. in the event of & vacancy in · membership on the Board of Education, for whatever cause, the Board of Education shill declare the office vacant end fill tho same by appoinment. In each case the person so appointed shell hold office until the first Tuesday following the next general municipal elec. tlon and until his successor is elected and qualified for the remainder of an unexpired term. If · member of the Board of Education absents himself from all regular meetings of the Board of Education for a period of sixty days consecutively from and after the last regular Board of Education meet- lng attended by such member, unless by permission of the Board of Education expressed in its official minutes, or if a member is convicted of a crime involving morel turpitude or shell cease to bo · qusllfied elector of the School DJstrict~, his office shall become vacant and shell be so declared by the Board of Education. ARTICLE IX APPOINTIVE BOARDS AND COMMISSIONS Section 900. APPOINTIVE BOARDS AND COMMISSIONS: IN GEN. ERAL. The following enumerated appointive boards &nd commissions are here established end shall have the powers end duties contained in this article: ia) Board of Recreetlon and Parks (b) Planning Commission (c) Personnel Board The City Council may create by ordinance such other appointive boards or commissions ec in itc ~udgmeot are required end may grant to them powers and duties as are consistent with the provisions of this Charter. The City Council, by motion adopted by at least three affirmative votes, or the City Manager, may appoint from time to time temporary com- mittees as deemed advisable to render counsel and advice to the ap- pointing authorities on any designated matters or subjects within the jurisdiction of such euthorlties. Section 901. APPOiNTiVE BOARDS AND COMMiSSiONS: AP- POINTMENTS, 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 motion adopted by at lesst four affirmative voles. Vacancies from whatever cause aris- lng shall be filled in the same manner. Upon · vacancy occurring leav- ing an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If I member of a board or commission absents himself from three regulir meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in Ils offlcial minutes, or is convicted of a crime involving morel turpitude, or ceasas to be · qualified elector of the City, his office shell become vacant end shall be so declared by tho .City Council. The members of such boards and commissions shall serve for a term of four years end until their respective successors ere appointed end qualified. The members first appointed to such boards and com- missions 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 ex- ceeds four, tho classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of et least one end not more than two shall expire in each succeeding year. Thereafter, any appointment to fill In unexpired term shall be for such an unex- pared period. Section 902. APPOINTIVE BOARDS AND CO/V~41SSIONS: APPRO. PRIATIONS. The City Council shall include in its annual budget such appropriations of funds as, in its opinion, shall bo sufficient for the efta. ·cient and proper functioning of su,~h appointive boards and commissions. Section 903. APPOINTIVE BOARDS AND COMMISSIONS: EXIST- lNG BOARDS. Members of existing appointive boards and commas- sloes at the time this Charter takes effect shall continue in office and shall perform their duties until other provisions shall have been made as pro- reded in this Charter for the performance of such duties and for the discontinuance of such boards or commissions. Section 904. APPOINTIVE BOARDS AND COMMISSIONS: MEET- INGS, CHAIRMAN. As soon as practicable after this Charter takes effect, each of the various boards end commissions enumerated in this article shall organize by electing one of its members chairmen and one vice-chairman, which officers shall hold office until August 1, 1954, end until their successors are elected, unless their membership on the board or commission sooner expires. 'lhe election of each succeeding chairman and vicKhairman shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairman or vice-chairman, shall elect one of its members for the unexpired term. Each hoard or commission shall hold a regular meeting at least once a month with reasonable provision for attendance by the public. The City Manager shall designate a secretary for the recording of min- utes for each of such boards and commissions, who shall keep · record of its proceedings and transactions. Each board and commission shall prescribe rules end regulations governing its operations which shall be consistent with this Charter and shall be filed with the Clerk of the Council for public inspection. Section 905. APPelLaTIVE BOARDS AND COMMISSIONS: COM- PENSATION. The ~embers of appointive boards end commissions shall receive such compensation, if any, as may be prescribed by ordin- ance and may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been so authorized by the board or commission end subject to rules and regulatfons prescribed by ordinance on order of the City Council. Section 906. APPOINTIVE BOARDS AND COMMISSIONS: AT- TENDANCE OF WITNESSES, OATHS, AND AFFIRMATIONS. Each ap- pointive board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of any such board or commission shall have tho power to administer oaths end afffrmatlons in any investigation or proceeding pending before such board or commission. Section 907. BOARD OF RECREATION AND PARKS. The Board of Recreation and Parks shall consist of nine members 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, and none of them shall hold any paid offlce or employ- ment in the City government. Two members shaft be appointed by the Board of Education. Section 908. BOARD OF RECREATION AND PARKS: POWERS AND DUTIES. The Board of Recreation end Parks shall have power end be required to: la} Consider matters that may be referred to it by the City Coun- cji, the City Manager, or the Director of Recreation lad Parks ind render such counsel and advice in regard thereto es may be requested by the referring authorities; lb) By Its own motion, make such studies lad investigations as it may deem necessary for the formulation of recreation and park policies, or to determine the wisdom and efficacy of the policies, plans, end pro- cedures dealing with recreation and park matters and report its findings and recommendations to the City Council, the City Manager, or the Director of Recreation and Parks, or to any or all such authorities ss it may see fit; lc) Recommend to the City Council and tho City Manager es to the acceptance or rejection of offers of donations of money, personal property, or real estate to be used for recreation and park programc; (d) Consider tho annual budget during the process of its prepare- Sion by the Director of Recreation and Parks end make recommendations with respect thereto to the City Manager end the City Council; lo) Solicit to the fullest extent possible the cooperalon of school authorities and other public and private agencies concerned with recree- tion and park programs of the City. Section 909. PLANNING COMMISSION. The Planning Commis- sion shall consist of seven members to be appointed by the City Council from the qualified electors of the City, and no member of said Commis- sion shall hold any paid offlce or employment in the City government. Section 910. PLANNING COMMISSION: POWERS AND DUTIES. The Planning Commission shall hive power end be required to: (a) Prepare and mlintlln a mister plln for the physlcll develop- ment of the City and of any lind out'side the boundlries thereof which, in the Commission's judgment bears relition to the pllnning for the physicll development of the City, including a generll plan for streets and highwlys, end submiI such pile innuilly to the City Council for considerition and ipproval; (b) Make studies and plies for future civic lind use, including use es public recreation facilities; (c) Prepare · ton.yelr clpitil improvement program, revised nuelly, which shall set forth ill of the cipitsl improvements contem- plated by the several offices, deplrtments, end other agencies of the City according to a logical order of priority with tho amount of funds required for each capital improvement end the pllnned method of financing ltd submit such a program annually to the City Manager the City Council; (d) Exercise such functions is to lind subdivlsions, zoning, end other City plinning Is may be prescribed by ordinance; (o) gy its own motion, mike such studlee end Invesfigltlons es it rely deem necessary for the formulition of planning lad land use policies end report its findings ind recommendations to the City Council .or tho City Manager, or to both such authorities, es il may see fit. Section 911. PERSONNEL gOARD. Tho Personnel Board shall consist of s~ven mmv:bors to bo appointed by the City Council from the qualified electors of the City. None of the members shall hold public office or employment or be · candidate for any other public office or position, be in officer of any local, staid, or nltional partisan poiltical club or organization, or, while I member of the Personnel Board or for · 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, or to any City elective office. Section 912. PERSONhlEL gOARD: POWERS AND DUTIES. The Personnel goard sha~i have power Ind be req. uired to: (I) Hear appeals et provided for in Article X pertaining to tho suspension, demotion, or dismissll of any officer or employee having permanent status in -,ny office, position, or emp;oyment in the Competi- tire Service; (b) Consider matters that may be referred to it by the City Council or the City Mineger lad render such counsel and advice in regard thereto is may be requested by the referring iuthorities; (c) By its own motion, make such studies and investigitions as it may deem necessary for the formulilion of civil service policies, or to determine the wisdom and efficacacy of the policies, plans, ind proce- dures dolling with civil service matters and report its findings end --30-- recommendations to the City Manager or th~. City Council, or to both such authorities, as it may see fit; (d) Recommend to the City Council, after · public hearing there-- on held after st least a five-day public notice, the adoption, amendment, or repeal of civil service rules and regulations. ARTICLE X CIVIL SERVICE Section 1000. MERIT BASIS OF APPOINTMENT. Appointments and promotions in the Competitive Service of the City shall be made according to merit and fitness and from eligible lists to be established in accordance with civil service rules and regulations adopted in the man- ner provided in this Charter. Section 1001. CIVIL SERVICE RULES AND REGULATIONS. Civil service rules and regulations as provided for in this Article shill hive the force and effect of law only after having been adopted in an ordin- ance or ordinances by tho City Council. The civil service rules and regulitions shall provide for such mat- tars as the City Council and the Personnel Board rely deem necessary, proper, or expedient to carry out the intent and purpose of the civil service provisions of this Charter. Section 1002. COMPETITIVE AND EXCEPTED SERVICE. The civil service of the City shall be divided into the Competive Service and the Excepted Service. The Excepted Service shall comprise the following off~ces and positions: I. 2. 3. 4. 5. 6. 7. 8. The individual offices hold by all elective officers; The City Manager ind an Assistant City Manager, if any; The City Attorney and his legsl assistants, if any; The Director of Finance; The Director of Personnel, if any; One private secretary to the City Manager; All posts as members of hoards lad commissions; 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 tern- · poriry purpose, and which ore to exist for a period Qf not longer than ninety days; 10. Positions of any class or grade exempted from the Compet- itive Service for a maximum period of six months in any calendar --31 -- 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 appoint- ment 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, {b) The Competitive Service shall comprise all positions not specifically included by this Section in the Excepted Service. (c) 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 post- tion or class of position in such Competitive Service, shall retain all status previously held prior to the effective date of this Charter En such position, employment, eligible list, or re-employment list. (d) The person holding the position of City Clerk, City Treasurer, or City Marshal, each formerly an elective ofllcer, if he shall hive served continuously in such position for the period of six months immediately prior to such effectiv.e date, shall assume regular status in the Competi- tive Service under thts Chartar~ec 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 hiving 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 shill be prescribed by the City Council by ordinance. Section 1003. APPOINTMENTS FROM COMPETITIVE SERVICE TO EXCEPTED SERVICE. In the event an ofllcer or employee of the City holding a position in the Computitive Service is appointed to a position in the Excepted Service, and should subsequently be removed therefrom, he shall revert to his former position in the Competitive Service without loss of any rights or privileges and upon the same terms and conditions ss if he had remained in said position continuously. Section 1004. POSITION CLASSIFICATION AND PAY PLAN. The City Manager shall prepare, install, and maintain a position classification and pay plan covering all positions in both the Competitive and the Excepted Services of the City, subject to civil services rules and regula- tions and the approval of the City Council. Section 1005. RECRUITMENT AND EXAMINATIONS. Examina- tions of applicants for positions in the Competitive Service shall be pract- ical and relate to those matters which fairly test the relative capacity of the applicants to discharge the duties of the positions to which they seek lo be appointed. No person may be an applicant who is not a citizen of the United --32-- States, or who his not resided.in the City of Santa Ana foe at least OhO year next preceding the date of such examination. The residential re- quirement may be waived by the City Manager, upon approval of the Personnel Board as to particular examinations, whenever be believes such waiver is in the public interest, but in each instance he must declare ~n the proceedings the reasons therefor. In all examinations for entrance into the Competitive Service of the City, veterans who attain a passing grade shall be allowed an additional preferential credit of five percent, and disabled veterans obtaining i passing grade shill be allowed a preferential credit of ten percent, of the maximum possible grade for such examinstlon. The term "veteran" means a person who has served on active duty in the armed forces of the United States in time of war or errand intervention (and prior to tho cessation of hostilities, as declared by the President or the Congress of the United States) for a period of at least ninety days and has received an honorable discharge or release from active duty. Section 1006. PROMOTIONS. Vacancies in positions of the higher classes in the Competitive Service of the City shall, es far as practicable, be filled by promotion of employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class; provided that the City Manager, with the approval of the Personnel Board, may hold examinations for positions of such higher classes on tho basis of open competitive examinations or both open end promotional competitive examinations in the manner-to be provided in the civil service rules and regulations. Eligibility for promotional examination shall be subject to civil service rules and regulations. in promotional examinations where all appficants are empIoyeec of the City, civil service rules end regulations may provide for additional preferentlsl credit based upon years of service to the City, such prefer- ential credit not to exceed five percent of the maximum possible grade for such examination. Section 1007. ELIGIBLE LISTS, CERTIFICATION, AND APPOINT- MinT. Upon completion of any examination, the City Manager shill cause to be prepared and shill 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 Man- ager, or such person under the City Manager having charge of personnel 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 pos - elna. The appointing power may appoint, of the three thus certified, whichever one in his opinion is bost qualified for such position. No can- didate mey be certified more then three times for any one class or clessi- fied position from en eligible list resulting from any one examinetion. If no eligible list for the clessificetion exists, or en existing list for the clessiflc&tion conteins less then the required three persons who are eligible end eveilable for appointment, the City Maneger, or such person under the City Meneger heving cherge of personnel administration, shell so notify the eppointing officer who may appoint one of the lesser num- ber of persons or may make a temporary appointment to the vacancy, at his discretion. Such temporary appointment may not be for longer than ninety calendar days, nor may temporary appointments be made to any positions for longer than one hundred and twenty working deys in any one calendar year. Upon appointment to a position in the Competitive Service, other than a temporary appointment, the person so eppolnted or promoted shall ho~d probetionary status in such position end in the cless to which it hes been allocated. The duretion of the period of probetlonary status shall be determined by the civil service rules end regulations provided for in this Article but in no instence shall extend over · period of more than one year. During such probationary period the employee may be rejected at any time without right of a heering before the Personnel Board. When en employee has been retained continuously in probationery status for the required period, he shall echieve permanent status. An employee rejected during the probationary period from a posi- tion to which he has been promoted sha~l 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 e hearing before the Personnel Board es lo such order of dis- missal in the manner prescribed in Section 1008 of this Article. Section 1008. SUSPENSIONS, DEMOTIONS, DISMISSALS. The beerd or officers having appointive power are vested with the right to exercise the disciplinery and removal powers herinefter provided. An employee serving a probafionery period in · position in the Competitive Service shall be subject to suspension without pay for a period not to exceed thirty deys or to dismissal by the officer heving the power of appointment, and the employee so disciplined or discharged shall not have a right of appeal, except that an employee who held permanent status in some other position or employment included within the Competitive Service immediately prior to his appointment to probs- tionery status shall not be discherged from the service of the City with- out right of appeal to the Personnel Board in the manner prescribed in this Section. An employee, other than one serving a probetionary period, hold- ing a position in the Competitive Service shall be subject to suspension without pay for · period not to exceed thirty days in any one calendar year, or to demotion, or to dismissal from his position and from the municipal service, subject to the right of hearing by or eppeal to the Personnel Board as provided in this Article. Each or any of these actions relaling to suspension, demotion, or dismissal mey be taken by the ofllcer having power of appointment to tho position on the grounds of incompetency, inefficiency, dishonesty, misconduct, insubordination, failure to observe departmental or City rules or the rules and regulationa aa provided for in this Article, or failure to cooperate reasonably with his auperlors or fellow employees. Such employee shall be entitled fo receive, upon his request, at the office of the board or officer taking such action, not later lhan tho third business day thereafter, a written statement in which shall be aeparately staled each of Ihs charges against him upon which such suspension, demotion, or removal is based, a copy of which statement shall be Bled by the appointing power bringing the charges with the Personnel Board, the Clerk of the Council, and the City Manager. The employee shall have ten days after receipt of such statement within which to file an answer to the charges should he desire to do so. The answer shall be filed in the offices of the Personnel Board, the Clerk of the Council, and the City Manager. In his answer, or otherwise if no statement of charges has been made available to him as required, such employee may request e hearing by the Personnel Board to review such suspension, demotion, or dismissal which hearing shall be called and held in tho manner provided for in the civil service rules and regu- lations. If a hearing is requested, the Personnel Board shall thereupon set a date for hearing the matter, which date shall not be sooner than five nor longer than ten days after the filing of the request for hearing. Hearings may be conducted informally and the rules of evidence need not apply. Such employee shall have an opportunity at such hearing to be heard in person or by counsel and the right to subpoena wilnesses. All hearings held under the provisions of this Section shall be open to the public. The Personnel Board shall make written findings which shall state as to each charge whether nr not such charge is sustained. The Personnel Board shall also set forth in writing its conclusions and recommendation based upon such findings and within ten days after concluding the hear, lng, it shall certify its findings, conclusions, and recommendation to the board or officer from whose action tho appeal was taken, and to the City Manager and the City Council. if, with respect to I suspension, demotion, or dismissal, tho Per. sonnel Board shall conclude that the employee charged was not guilty of the act resulting in such suspension, demotion, or dismissal, a racom. mendatlon by it of reinstatement without loss of pay shall be binding upon the appointing power who fodhwlth shall order such reinstate. mont. In the event that the Personnel Board shall conclude that the employee was guilty of the act resulting in such suspension, demotion, or dismissal but that the penalty was not warranted under the circum. stances, a recommendation by it of reinstatement with loss of pay shall be binding upon the appointing power who forthwith shall order such reinstatement with loss of pay. The conclusions and recommendations of the Personnel Board as to reinstatement with or without loss of pay shall be final and no appeal may be taken therefrom. If, wtth respect lo · suspension, demotion, or dismissal, the Per- Sonnel Board conciudec that such suspension, demotion, or dismissal was warranted, any recommendation by it shall be advisory only and ahall not be binding on the appointing power and, in such instance, the decision of the appointing power shall be final and no appeal may be taken ~therefrom. Vacancies created under this Section may be filled by the appoint- lng power by temporary appointment pending the completion of any proceedings taken hereunder. A reduction in pay shall bo treated as · demotion under this Sec. Sion, unless the reduction in pay is part of a plan to reduce salaries and wages in connection with · general economy or curtailment program. A failure to grant an increase in pay at a time when an increase would otherwise have been granted as part of a plan to increase salaries and wages throughout the City service shall likewise be treated as a demo- tion under this Section. Section 1009. ABOLITION OF POSITIONS, LAY.OFFS. No provi- sions ~f this Article shall be construed as interfering with the power of the City Council by stating in its proceedings its reasons therefor, to abofish I position, combine the duties of two or more positions, or reduce the number of employees in a given class except as specifically provided in Article VII of this Charter. Should an abolished position be renewed or a combined position be separated or any position or posi- tions involving substantially the same duties be created or filled within two years, the employee or employees discharged shall be entitled to be appointed thereto. All lay-offS occasioned by the abolishment of aposition, the combin- ation of duties of two or more positions, or the reduction In number of employees in · given class shall bo governed by seniority in service and shall be in the reverse order of employment. Re-employment shall be in the reverse order of lay.offs. Section 1010. PROHIBITIONS. No person in a position, office, or employment in the servicu of the City of Santa Ama or who is an applicant for appointment thereto shall in any way be favored or dis- criminated against because of his race, religion, or political opinions. No person holding any position in the service of the City, excepting elective officers and members of appointive boards and commissions, or on an eligible list, shaft lake an active part in any municipal political campaign in behalf of any candidate, or contribute thereto, nor shall such person seek signatures to eny petition to advance the candidacy of any person for any municipal office. Nothing in this Section shall be construed to prevent any such persons from seeking election or appoint- mens to public offce. Upon becoming a candidate for public offce, lay such person shall request and be granted a leave of absence, without pay, to remain in effect during the period of time ouch per~on ia a candidate. No officer or employee of tho City and no candidate for any City office ahall, directly or Indirectly, solicit Iny assessment, subscription, or contribution, whether voluntary or involuntary, for any political candl- date, from anyone on an eligible fist or holding any position in the serv- ice of the City, excepting elective officers and members of appointive boards and commissions. No person shall willfully or through culpable negligence mike any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this Article or in any manner commit or attempt any. fraud preventing the impartial execution of such provisions or of the rules and regulations made hereunder. In addition to the penalties provided for in this Charter for violaiTons of its provisions~ any person who by himself or with others willfully or corruptly violates any of the provisions of this Article shall upon conviction thereof be ineligible for a period of thro~ years for employment in the service of the City and shall immdiately forfeit his office or position if he be an officer or employee of the City. Sect/on 101 i. CONTRACT FOR PERFORMANCE OF ADMINSTRA. TIVE FUNCTIONS. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive exsmlnations for positions in the service of the City or for the performance of any other personnel administration service. ARTICLE XI GENERAL PROVISIONS Section 1100. INVESTIGATIONS BY THE CiTY COUNCIL OR CITY MANAGER. The City Council, the City MInager, or any person or com. mlttee authorized by either of them, shall have power to inquire into the conduct of any office, department, agency, or officer of the City and to make investigations as to City affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Section 1101. PUBLICITY OF RECORDS. All records and accounts of every office, department, or other agency of the City shall be open to inspection by sny citizen, any representative of a citizens' organization, ur any representative uf tho press at a~l reasonable times and under reasonable regulations established by the City Manager, except records and documents the disclosure of which wou~d tend to defeat the lawful purpose which they are intended to accomplish. .Section 1102. ILLEGAL CONTRACTS, FINANCIAL INTEREST. No member of the City Council or officer of the City shall be financially in- terested, directly or indirectly, in any contract, sa/e, or transaction to which the City is a party. No member of any board or commission shall be financially inter- isled, directly or indirectly, in any contract, sale, or transaction to which the City is a party and which comes before the board or commission of which such person i· · member, for approval or other official ectlon on which pertains to the department, office, or other agency of the City with which such board or commission is connected. Any such contract, sale, or transaction in which there shall bo such en interest ·hell become void at the election of the City, when so de- cllred by resolution of the City Council. No member of the City Council, officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provision·, in any contract made with · corporation by reason of ownership of stock in such corporation unless ·aid stock so owned by him shall amount to at least three percent of all the stock of such corporation issued end outstanding. If any member of the City Council, officer of the City, or member of i beard or commission shall bo financially interected es aforesaid, upon conviction thereof, he shell forfeit his office in addition to any other penalty which may be impo·ed for such violation of this Charter. Section 1103. C)FFICIAL BC)HDS. The City Council shall, by ordinance, fix the amounts end terms of the officJll bonds of ell officers end employees of the City who are required by this Charter or by ordi- nance to give such bonds. All bonds shall be executed by · responsible corporate surety, shall be approved by the City Attorney as to form, and shall be filed with end remain in the keeping of the Director of Finance, provided that the bond of the Director of Finance shall be filed with and remain in the keeping of the Clerk of the Council. The premium on any official bond furnished under the provisions of this Section and executed by · corporate surety shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his bond, fur any wrongful act or omission of his subordinates, unless such superior officer wes · party Io, or con- spired in, such wrongful ·ct or omission. Section 1104. AD~411~IISTERIHG C)ATHS. Each head of an office, department, or other agency and his deputies sl~all have the power to administer oaths and affirmations in connection with eny official business perteining to his department. Section 1105. C)ATH C)F C)FFICE. Each member of the City Council and of every board end commission and each officer and full- time City employee shall, before entering upon the duties of his office, take end subscribe to the following oath or effir~,ation, to be filed and kept in the office of the Clerk of the Couocil: '1 do solemnly swear (or q'tffirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that ! will faithfully discharge the duties of the office of (here inserting name of office) according to the best of my ability." Section 1106. OFFICERS OF THE CITY. The officers of the City shall be: Members of tho City Council, Members of tho Board of Education, City MaNager, City Attorney, Clerk of the Council, Director of Finance, Director of Public Works, Director of Recreation and Parks, Members of appointive boards and commissions es provided for in this Charter, Such other offlcers as shall be named by ordinance. ARTICLE XII ELECTIONS Section 1200. ELECTIONS: IN GENERAL, The conduct of ell municipal elections by the Clerk of the Council shill be under the control of the City Council which shall, by ordinance, provide for the holding of all municipal elections. Section 1201. ELECTIONS: GENERAL MUNICIPAL. General muni- cipal elections for the election cf officers and for such other purposes as the City Council may prescribe shill be held In the City of Santa Ana on the first Tuesday in April in each odd numbered year commencing with the year 1955. Section 1202. ELECTIONS: SPECIAL MUNICIPAL. All other munl- clpal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 1203. ELECTIONS: PROCEDURES FOR HOLDING ELEC- TIONS. Unless otherwlse provided by ordinance, hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in cities Qf the sixth class anco- far es the came are not in conflict w~th this Chsrter. Section 1204. ELECTIONS: FIRST ELECTION UNDER CHARTER. A special municipal e~ection she1! be held for tho o~ectinn of the first members of the City Council and the Board of Education under this Charter, on the first Tuesday of April, 195~3, or the tenth Tuesday follow- lng the sppreval of this Charter by the Legislature, whichever is later. Section 1205. iNITIATiVE, REFERENDUM, AND RECALL. The powers of the initiative and referendum cad of the recati of elected municipal officers are hereby reserved to the electors of the City. Unless otherwise provided by ordinance, hereafter enacted, the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be emended, governing the initiative, the referendum, end the recall of tho municipal officers shall apply to use thereof in the City insofar aa such previsions of the Electlons Code ere not in conflict with this Charter. ARTICLE XIII FRANCHISES Section 1300. FRANCHISES: IN GENERAL. The term "the streets of the City" as used In this Article shill include streets, .ways, alleys, avenues, highways, boulevards, concourses, driveways, br:dgec,'p&rks, parkways, end public grounds or waters within or belonging to the City. Subject to the provisions of this Charter, the City Council shell hive the power in behalf of the City to grant franchises or rights or make contracts providing for tho furnishing of the City and its Inhabitants with transportation, communication, terminal facilities, water, light,, heat, power, refrigeration and storage, or ~ny other public utility or service, or using the streets of the City for the operation of plants, works, or equip. meat for the furnishing thereof, or traversing any portion of the streets of the City for the transmitting ar conveying of any such service elsewhere. The City Council may grant a franchise to any person, firm, or cot- potation, whether operating under an existing franchise or nnt, and may prescribe the terms and conditions of any such great. The City Council may .also provide, by procedural ordinanc.e, the method of procedure end addihonal terms and conditions for makmg such grants, subject to the provisions of this Charter. No grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or ~essignee thereof shell covenant end agree to perform end bo bound by each and ell of the terms and conditions imposed in the grant or by procedure1 ordinance sad by this Charter. The City may issue permits for the construction of spur or side tracks in and over the streets of the City end the running of cars thereon for the purpose of connecting warehouses, factories, or other business industries and enterprises with soy line of railroad within tho City, upon such terms and subject to such regulations and conditions es shell be prescribed from time to time by ordinance. Such tracks shall be used for the transportation of freight only and shall not be used es a main line or part thereof. Such tracks must be laid end operated in such manner and under such restrictions as not to interfere with the use of the streets of the City by the public. All such permits shall be revocable at the pleasure of the City Council, Section 1301. FRANCHISES: TERMS OF FRANCHISES. Every franchise shall stat~ the term for which It is granted, which, unless it be indeterminate es provided for herein, shall not exceed twenty-five years. A franchise grant may be indeterminate, that Is to say, It may pro- vide this It shill endure in full force ind effect until the same, with the consent of the Public Utilities Commicslon or Its successors of the State of Califorole, or the Inter. State Commerce Commission as the else may be, shall be veluntarlly surrendered or Ibandoned by its pOSsu~SQm, or until the Stele of California, or some municipal or public corporation, thereunto duly authorized by law, shill purchise by voluntary agree. ment or shill condemn and take, under the power of eminent domain, all property ~.ctually used and useful in the exercise of such frlnchlse and situate within the territorial limits of the State, municipil, or public corporition purchasing or condemning such property, or until the fran- chise shill be forfeited for noncompliance with ifs terms by the pOsses- sor thereof. Section 1302. FRANCHISES: GRANTS TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise grinted by the City with respect to any given utility service shall be in lleu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any right under such franchise, for the rendering of such utility service within tile limits of tho City os they may now or hereafter exist, except any franchise derived under Section 19 of Article XI of the Cnnstilution of the Stile of California as said section existed print to amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder, shill operate cs an abandonment of all such fran- chise, rights, snd privileges within the limits of the City ss such limits shill at any time exist, In lieu of which such franchise shsll be granted. Any franchise granted hereunder shall not become effective until written icceptlnce thereof shall have been filed by the grsntea thereof with the Clerk of the Council. Such acceptance shill be filed within thirty days after the adoption of the ordinance granting the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute i continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and all frlnchises, rights, lad privileges owned by the grantee therein, except · franchise derived under said constilu- lionel provision, shall likewise be deemed to be abandoned within the limits of such territory. Section 1303. FRANCHISES: RESOLUTION OF INTENTION, NOTICE, AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour, and place when and where any parsons having any interest therein, or any obiec- lion to the granting thereof, may appear before the City Council Ind be heard thereon. The City Council shall direct the Clerk of the Council lo publish said resolution at least once within fifteen days of the passage thereof, in the official newspaper. Tho time fixed for such hearing shsll not be less thin twenty nor more than sixty days after the pissage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and piss upon Ill protests and its decision thereon shall bo final end conclusive. Thereafter, It may grant, or deny, the franchise, subEect to tho right of referendum of the people. Section 1304. FRANCHISES: DUTIES OF GRANTEES. By its acceptance of any franchise hereunder, the grantee shill covenant and agree to perform end be bound by each end all of the terms and condi- t/oas imposed in the grant, or by procedural ordinance, and shell further agree to: ia) Comply with all lawful ordinances, rules, end regulations thoretofore or thereafter adopted by tho City Council in the exercise of its police power govornlng the construction, maintenance, end operation of tho grantee's pleats, works, or equipment; (b) Pay to the City on dumand tho cost of ell repairs to the public property made necessity by any of tho operations Of tho grantee under such franchise; lc) Indemnify end hold harmless the City end its officers from any end all (iabiitiy for damages proximately resulting from any operations under such franchise; id) Remove and relocate without exponse to tho City any facilities installed, used, and maintained under the franchlee if and when mede necessity by any lawful change of grade, alignment, or width of any public street, way, alley, or piece that is not i freeway to which all rights of eccecs have been acquired by the State of California, including the construction of any subway or viaduct, or if tho public health, com- fort, welfare, convenience, or safety so demands; (e) Pay to the City during th· life of the franchise a percentage, to bo specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other componsition as the City Council may prescrlbo in the grant. Section 13Q5. EXERCISE OF PRIVILEGE WITHOUT FRANCHISE. The exercise by any person, firm, or corporation of any prlvllego for which a franchise is required, without possessing i valid and existing franchise therefor, shall be · misdemeanor end shill be punishable in the same manner as violations of this Charter are punishable end each day that such condJtlon continues to exist shall constitute a separate violation. Section 1306. EMINENT DOMAIN. No franchise grant shell in any way, or to any extent, impair or effect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain end nothing herein contained shall be construed to contract sway or to modify or to abridge, oithar for e term or in perpetuity, the City's right of eminent domain with respect to any public utility. Section 1:307. CiTY.OWNED UTILITIES. In the event that any public utility shall be taken over by the City, by purchase or through tho exercise of the dght of eminent domain, tho franchise shell have no value. No public utility owned by the City shell bo sold, IOised, or other- wise transferred unioss authorized by the effrmetive votes of two-thirds of the elostors voting on such proposition it a genorel or special eloction at which such proposition Is submitted. ARTICLE XIY RETIREMENT Section 1400. EMPLOYEES' RETIRMENT SYSTEM. Plenary author. Ity lid power ere hereby vested in the City, its City Council, lid its several offcers, agents, and employees to do and penCorm any act, or exercise any authority granted, permitted, or required under the pro- visions of the State Employees' getirement Law, as it flQW exists or may hereafter be amended, to enable said City to continue as a contracting City participating in the stale retirement system. The City Council is directed to comply with all the provisions of the State Employees' Retirement Law, as now enlctod, or as it may hereafter be amended, including the levy of all necessary taxis. The City Council may terminate any such conlrect with the Board of Administration of the State Employees' getirement System only under authority granted by ordinance adoption by a two-thirds vote of the electors of the City voting on such proposition it in election at which such proposal is presented. ARTICLE XV MISCELLANEOUS Section 1500. AMENDMENTS TO CHARTER. Amendments to. this Cherter shall be proposed and submitted to the eSectors of the City in the manner provided by the Constitution of the State of Celifornle. Section IS01. VIOLATIONS. The violation of shy prevision of this Charter shall be deemed a misdemeanor end be punlsheble upon conviction by a fine of not exceeding Five Hundred Dollars ($500.00) or by imprisonment for · term not exceeding six months or by both such fine and imprisonment. Section 1502. DEFINiTiONS. Unless the provision or the context' otherwise requires, ~s used in this Charter: la) Whenever the "City" occurs in this Charter, it means the City of Santa Ann, and whenever the term office, department, agency, board, commission, offcer, or employee, as the case may be, is used, ]! means an office, department, agency, board, commission, offcer; or employee of the City of Santa Anal "Shall" is mandatory, and "may" is permissive; (c) "County" is the County of Orange; (d) 'Stste" is the Stero of Callfornls. Section 1503. SEPARABiLiTY. If any section or part of section of this Charter, or the application thereof to any person or circumstance, shall be held ]nv&lid by · court of competent jurisdiction, such holding shall not effect the remainder of this Chsrter, or the context in which such section or pert of section so held invalid may appear, except to the extent thst an entire section or part of section may be inseparably con- nected in meaning and effect with the section or part of section to which such holding will directly apply, or the application of such provision to other persons or circumstances. VOTF~ C~ST ON PROPOSITION ·A# (SANTA ANA CITY 0HA~TER) AT NOV~ER 4,19~2 GENERA~ ~0TION OHARTEK 0HA~T~R YES NO 8~.TA .~¢A P~ECINCT NO. i 14~ 76 SANTA ~ ~ 11i m~<~ m m 6 108 m 1 . ~ ~ m m m 21 117 7~ . . z4z ~o~ ..,.. : " ' 178 . , . ~ . . : ~ m m ~18 fAST ~ PKOPOSlTION 'A' (~& A~ CI~ · ~{EGI STP. A TI ON OF IN BANTA A~ e m m ToS~lmae~te~,~,~., Wov, ~ -~ A?,I~ 8385 m ~ ~ 155 To~almPera~ 22,~46 8~67na m m m ~ 178 m m ' ~ 6 108 107 , m m ~ 195 m m m V 1~ 110 . m m -- 67 m mApprox, m83% ~t~d 2~4 106 m m m --68 178 m , m 9 170 92 m m m --69 206 m m m 10 310. 171 m . m 70 141 m m m 11 1~ ~6 a ~ m --~1 m m ' -- 15 419 ~7 , m , 73 ' m m m --1~ 14~ ~ m w m 7~ m , '~.,/' X6 1~ 75 " " ' --76 m m m (~. ~? 89 1~ TOT~ m a m~/ ~...~ ~ 15lll 9~ AB~EE VOTE , , ' ~ .' ~' ,.-' ' ~ 246 79 m m m 21 117 75 __~~ m m m 2~ ~5 98 m m m ~6 ~56 88 m m m ~8 7~ . . . ~ m m ~ ]1. 81, 101 m m m ~ 1~ 110 , m ' ~7 271 m , ' ~ 139 m m m ~ 1~ m m m .41 213 178 · m m ~43 ~ 105 , m , ~ 1~ 106 m m m A5 111 ~ m m ~ ~18 ~0 , , , ~ 97 75 " " ' T~ ~ m n ~ ~ 5X o II ti I I m 55 l~ 1~ m 56 227 154 # 57 146 108 m 157 m -~ 60 ' 91 97 299 In Re ResoI. Board of Supervisors Election returns City Charter In Re Resol. Board of Supervisors Election returns Swimming Pool On motion of T~ustee Hunger, seconded by McBride and carried, the Resolution of the Board of Supervisors stating the results of the canvass of election returns of the City ~lection held on November $, 1952, reference the proposed City Charter, was received, filed and proper authorities ordered to immediately file the necessary papers with 'the State Legislature to have the Charter approved and put in effect. On motion of Trustee Hunter, seoqnded by Jerome and carried, the · Resolution of the Board of Supervisors stating the results of the canvass of election returns of the City Election held on November $, 1952, reference proposition to provide a swimming pool in Memorial Park, was received,and filed. # On motion of Trustee Hunter, seconded by McBride and carried, the City Council adjourned. APPROVED: May~P~-Te~ of th~Oity Df Santa Ana. City Clerk