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Resolution No. 1882„Kr RESOLUTION NO 1882 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON 'T'UESDAY, THE 8th DAY OF NOVEMBER 1977 79 WHEREAS, a vacancy in the office of a member of the City Council was created by the resignation of ROBERT HARVEY on June 17, 1977 and WHEREAS, the term of office in which the vacancy was created by said resignation of Robert Harvey ends March 14 1978• and WHEREAS, pursuant to authority provided in Article XI of the Constitution and Title 4, Division 2 Chapter 3 of the Government Code of the State of California, the City Council of the City of Cypress desires to submit to the voters of said City a Charter Amendment relating to miscellaneous provisions of the Charter of the City of Cypress and a Charter Amendment limiting the terms of office for city councilmen• and WHEREAS, pursuant to authority provided by Section 5353 Elections Code, the City Council of the City of Cypress desires to submit to the qualified voters of the City of Cypress an advisory measure relating to commercial and general aviation at the Los Alamitos Naval Air Station and an advisory measure relating to parking prohibitions NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE DECLARE, DETERMINE and ORDER as follows• Section 1 That pursuant to the requirements of the laws of the State of California relating to cities within said State there shall be, and there is hereby called and -1- 80 ordered held in the City of Cypress, County of Orange, State of California, on Tuesday, the 8th day of November 1977 a special municipal election of the qualified electors of said City for the purpose of the election of a member of the City Council of said City for the term of office in which the vacancy was created by the resignation of Robert Harvey which ends March 14 1978 SECTION 2 That pursuant to Article XI of the Constitu- tion and Title 4 Division 2 Chapter 3 of the Government Code of the State of California, it is hereby ordered that said proposals for amendments to the Charter of the City of Cypress be submitted to the electors at said special municipal election SECTION 3 That pursuant to Section 5353 of the Elections Code, it is hereby ordered that said "Advisory Measures be submitted to the electors at said special municipal election SECTION 4 That the proposed amendment to the Charter of said City relating to miscellaneous provisions of said Charter to be submitted to the voters shall be as follows - The Charter of the City of Cypress hereby is amended by repealing Sections 701 through 705 inclusive, and by amending Sections 402, 403(b), 412, 413, 415, 804, 805, 901 1004 1013 and 1016 to read respectively as follows: Section 402 Compensation Compensation for Councilmen is hereby set, and from to time shall be changed in accordance with the schedule set forth in the Government Code establishing salaries of Councilmen in general law cities as the same may from time to time be amended B.I. Section 403 Vacancies, Forfeiture of Office Filling of Vacancies (b) A Councilman shall forfeit his office if he (1) lacks at any time while holding office any qualification for election prescribed by this Charter or by law, (2) violates any provision of this Charter, (3) is convicted of a designated crime as specified in the Constitution and laws of the State, (4) without consent of the Council is absent from all regular Coun- cil meetings for a period of sixty consecutive days and the first regular meeting thereafter said period to be computed from the last regular Council meeting he attends A declaration by the Council of a vacancy resulting from forfeiture of office shall be subject to judicial review provided that within two weeks after such declaration an appropriate action or proceeding, for review is filed in a court having jurisdiction of the action or proceeding During the pendency of any such action or proceeding, anyone appointed by the Council to fill such vacancy shall have all the rights duties, and powers of a Councilman, and shall continue in such office as provided herein unless and until said court rules the declaration of the Council invalid and such ruling has become final Section 412 Place of Meetings All regular Coun- cil meetings shall be held in the Council Chamber of the City Hall, or in a place to which any meeting may be adjourned If, by reason of fire, flood or other emer- gency it shall be unsafe to meet in the Council Chamber the meetings may be held for the duration of the emergency at a place designated by the Mayor, or if he should fail to act, by three members of the Council Section 413 Proceedings The Council shall cause the City Clerk to keep a correct record of all its pro- ceedings The Council may establish rules for the con- duct of its proceedings It may evict any member or other person for disorderly conduct at any of its meetings -3- 82 Each member of the Council shall have the power to ad- minister oaths and affirmations in any proceeding pend- ing before the Council The Council shall have the power to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence be- fore it Subpoenas shall be issued in the name of the City, signed by the Mayor, and attested by the City Clerk Disobedience of such subpoenas, or the refusal to testify shall constitute a misdemeanor• the Mayor shall report such disobedience to a judge of a competent jurisdiction for further proceedings court of Upon enactment of any ordinance or of any resolution or order for payment of money, or upon the demand of any member the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be en- tered in the minutes of the meeting Section 415 Adoption of Ordinances and Resolutions With the exception of ordinances which take ef- fect upon adoption referred to in this Article, no ordin- ance shall be adopted by the Council on the day of its introduction, nor within five days thereafter At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk Ordinances and resolutions need not be read in full prior to enactment and may be enacted by title only, unless a Councilman requests a full reading altered adopted thereof after its except at In the event that any ordinance is introduction it shall not be finally a meeting held not less than five days after the date upon which such ordinance was altered Correction of a typographical or clerical error shall not constitute an alteration within the meaning of the foregoing sentence Unless otherwise required by this Charter, the affirmative votes of at least three Councilmen shall be required for the enactment of anv ordinance or of any resolution or order for the payment of money -4- c All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk Any ordinance declared by the Council to be neces- sary as an emergency measure for preserving the public peace, health, or safety and containing a statement of the reasons for its urgency may be introduced and adopted at one and the same meeting if it is passed by at least four affirmative votes Section 804 Meetings Chairman Each board or commission shall hold regular meetings as the Council may require, and such special meetings as otherwise may be necessary The provisions of Section 411 hereof relating to the Ralph M Brown Act, shall apply to all meetings of said board and commissions and, subject to the provisions of said Act all meetings shall be open to the public The City Manager may designate a City employee for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceed- ings and transactions Each board or commission may prescribe its own procedures and rules of operation which shall be kept on file in the office of the City Clerk where they shall be available for public inspection Subject to any regulations and procedures established by the Council, each board or commission shall have the power to compel the attendance of witnesses to examine them under oath, to compel the production of evidence before it, and to administer oaths and affirmations Disobed- ience of any subpoena or refusal to testify shall be a misdemeanor and such conduct shall be reported to the Mayor and procedures may be taken pursuant to Section 413, hereof Section 805 Compensation Vacancies The members of boards and commissions shall receive such compensation as may be specified by the Council and shall also receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have re- ceived authorization by the Council -5- 8 Any vacancy in any board or commission from whatever cause arising, shall be filled by appointment by the Council Any appointment to fill such vacancy shall be for the unexpired portion of such term Section 901 Special Municipal Elections Other municipal elections shall be known as special municipal elections and may be called from time to time by the Council on whatever dates the Council deems appropriate regardless of any election dates established by state law Section 1004 Council Action of Budget The Coun- cil shall consider the proposed budget and make any revision thereof that it may deem advisable; and on or before July 1 or such other date as it shall designate it shall adopt the budget Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated If it fails to adopt the budget by said date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month- to-month basis, with all items in it prorated accordingly until such time as the Council adopts a budget for the ensuing fiscal year Section 1013 Presentation and Audit of Demands Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll or formal demand Each such demand shall be presented to the Director of Finance or such other official as the Council may designate, who shall examine the same If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged he shall approve such demand and draw his warrant on the Treasurer therefor payable out of the proper fund The Director of Finance, or other designated official, shall transmit such demand with his approval or rejection thereof endorsed thereon, and warrant, if any to the City Manager The City Manager shall cause the same to be transmitted to the Council which may then approve or disapprove payment thereof -6- 8 it Section 1016 Independent Audit The City Council shall employ at the beginning of each fiscal year a certi- fied public accountant who shall, at such time or times as may be specified by the City Council, and at such time or times as may be specified by the City Council and at such other times as he shall determine, examine the books, records, inventories and reports of all officers and employees who receive handle, or disburse public funds and all such other officers, employees, or depart- ments as the City Council may direct As soon as practic- able after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member one each to the City Manager, and such other officials as the Council may designate, and three addi- tional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public SECTION 5 That the proposed amendment to the Charter of said City limiting the terms of office of City Councilmen to be submitted to the electors shall be as follows: The Charter of the City of Cypress hereby is amended by amending Section 400 thereof to read as follows. Section 400 City Council The City Council, hereinafter termed "Council" shall consist of five Councilmen elected to office from the City at large in the manner provided in this Charter The term of office shall be four years Alternatively and suc- cessively three four-year terms shall be filled at one general municipal election and two four-year terms at the next such election, consistent with the sequence of terms of Councilmen existing on the ef- fective date hereof The term of a Councilman shall commence on the first Tuesday following his election and he shall serve until his successor qualifies Any ties in voting shall be settled by the casting of lots -7- Each Councilman in office at the time this Charter takes effect shall continue in office until the end of the term for which he was elected or arrpointed No person shall be eligible for election or appointment to the Council who, at the time he would take office, would have previously served on the Council for eight or more years: provided, however, that service on the Council prior to the effective date of this provision shall be disregarded in deter- mining eligibility for office SECTION 6 That the foregoing proposals hereby submitted shall appear upon the ballots for said special municipal election in substantially the following form - CHARTER AMENDMENT A Shall the Charter of the City of • Cypress he amended in various res-•YF.S pects by repealing Sections 701 : through 705, inclusive, thereof • and by amending Sections 402 403(b), 412, 413, 415, 804, 805, 901 1004 1013 and 1016 thereof? • NO CHARTER AMENDMENT B Shall the Charter of the City of • Cypress be amended by amending • Section 400 thereof to make inel- igible for election or appoint- ment to the City Council any per- : son who had previously served on : the Council for eight or more years (disregarding service prior to the effective date of such amendment)? YES • NO PROPOSITION 1 - Advisory Vote Only . Should the City Council of the City . : of Cypress change its present pol- • icy of opposing commercial and/or • YES. • general aviation at the Los Ala • - mitos Naval Air Station? NO PROPOSITION 2 - Advisory Vote Only Should the City Council of the City : of Cypress continue a policy prohib— iting the parking of vehicles on : YES city streets during certain speci- • • fied periods to allow for the ef- fective sweeping of such streets, posting signs giving notice thereof,. NO: and providing for the possibility of. exceptions to such prohibition when : : approved by the City Council? • -8- A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the question or proposition A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adop- tion of the question or proposition SECTION 7 That the ballots to be used at said election shall be, both as to form and matter contained therein such as may be required by law to be used thereat SECTION 8 That the City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and supplies equipment and paraphernalia that may be necessary properly and lawfully conduct said election in order to SECTION 9 That for the purpose of holding said special municipal election, there shall be and are hereby established seventeen (17) voting precincts as hereinafter set forth, con- sisting of consolidations of the regular election precincts in the City of Cypress established for the holding of state and county elections, as said regular election precincts exist on the date of adoption of this resolution; and that the polling places for the respective voting precincts shall be designated and officers of election shall be appointed by subsequent resolu- tion of this City Council Voting Precinct 1 shall consist of regular election precinct(s) 329 Voting Precinct 2 shall consist of regular election precinct(s) 339, 366, 368 -9- BB Voting Precinct 3 shall consist of regular election precinct(s) 336, 364, 389 Voting Precinct 4 shall consist of regular election precinct(s) 320, 334, 365 Voting Precinct 5 shall consist of regular election precinct(s) 321, 324, 363 Voting Precinct 6 shall consist of regular election precinct(s) 327, 331, 333, 367, 375 Voting Precinct 7 shall consist of regular election precinct(s) 319, 330, 369 Voting Precinct 8 shall consist of regular election precinct(s) 337, 370, 371 Voting Precinct 9 shall consist of regular election precinct(s) 326, 376 Voting Precinct 10 shall consist of regular election precinct(s) 322, 372, 374 Voting Precinct 11 shall consist of regular election precinct(s) 384, 393 Voting Precinct 12 shall consist of regular election precinct(s) 318, 361, 362 Voting Precinct 13 shall consist of regular election precinct(s) 323, 379 Voting Precinct 14 shall consist of regular election precinct(s) 332, 377, 388 Voting Precinct 15 shall consist of regular election precinct(s) 328, 381, 392 Voting Precinct 16 shall consist of regular election precinct(s) 338, 378 Voting Precinct 17 shall consist of regular election precinct(s) 325, 382, 391 -10- 89 SECTION 10 That the polls for said election shall be open at seven o'clock a m of the day of said election and shall remain open continuously from said time until eight o clock p m , of the same day when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California SECTION 11 That in all particulars not recited in this resolution, said election shall be held and conducted as pro- vided by law for holding municipal elections in said City SECTION 12 That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized instructed and directed to give such further or ad- ditional notice of said election in time, form and manner as required by law SECTION 13 That said proposed amendments to be so sub- mitted to the electors of said City, as set forth in Section 2 hereof, shall be advertised by publishing said proposed amend- mentsonce in the NEWS ENTERPRISE, a newspaper of general circu- lation in said City said publication to be not less than forty (40) days nor more than sixty (60) days prior to the date of said general municipal election and that the City Clerk shall give such other notices of the submission of said Charter amend- ment as may be required by law SECTION 14 That the City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the hook of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the min- utes of the meeting at which the same is passed and adopted -11- 1 90 SECTION 15 That this Resolution shall take effect immediately PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of July 1977. MAYOR OF T ATTEST• CITY C ARK OFA' THF OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 3CI OF CYPRESS I, DARRELL ESSEX City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 25th day of July 1977, by the following roll call vote AYES: 4 COUNCILMEN: Lacayo, MacLain, Sonju and Hudson NOES 0 COUNCILMEN• None ABSENT 0 COUNCILMEN None CITY OF CYPRESS