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Resolution No. 1892RESOLUTION NO 1892 11. 107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING RESOLUTION NO 1882 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8TH DAY OF NOVEMBER 1977 WHEREAS, Resolution No 1882 was passed approved and adopted by the City Council of the City of Cypress on July 25, 1977, and WHEREAS, pursuant to the authority provided in Article II 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 Resolution No. 1882 included certain sections enumerating certain amendments to the Charter of the City of Cypress• and WHEREAS it is necessary, at this time, to amend these certain sections to reflect accurately the proper amendments to the Charter to be submitted to the voters of the City of Cypress NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS• SECTION 1 Section 4 of Resolution No 1882 is hereby amended to read as follows: SECTION 4 That the proposed amendment to the Charter of said City relating to miscellaneous provisions of said Charter to be sub- mitted 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, 802, 804, 805, 901, 1004, 1013 and 1016 to read respectively as follows Section 402. Compensation Compensation for Councilmen is hereby set, and from time 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 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 Council 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 lug Section 412 Place of Meetings All regular council 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 proceedings The Council may establish rules for the conduct of its proceedings It may evict any member or other person for disorderly conduct at any of its meetings Each member of the Council shall have the power to administer oaths and affirmations in any proceeding pending 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 before 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 court of competent jurisdiction for further proceedings 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 entered in the Minutes of the meeting Section 415 Adoption of Ordinances and Resolutions With the exception of ordinances which take effect upon adoption, referred to in this Article no ordinance 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 reso- lutions need not be read in full prior to enactment, and may be enacted by title only, unless a Councilman requests a full reading thereof In the event that any ordinance is altered after its introduction it shall not be finally adopted except at 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 any ordinance or of any resolution or order for the payment of money All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, or safety and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if it is passed by at least four affirmative votes Section 802. Appointments Terms The number of members of boards and commissions shall be specified by the Council Except as otherwise provided by ordinance, each member of each board or commission shall be appointed for a term of four years and shall serve until his successor qualifies All such appointments shall be made and appointees shall be subject to removal of the Council adopted by at least three affirmative votes In the event an incumbent is removed or otherwise vacates his office his successor shall be appointed for a full four year term - 2- 10: 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 proceedings and transactions Each board or commission may prescribe its own procedures and rules of operation which shall be kept on file in the office of the City Clerk where they shall be available for public inspection Subject to any regulations and procedures established by the Council, each board or commission shall have the power to compel the attendance of witnesses to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations Disobedience of any subpoena, or refusal to testify shall be a misdemeanor and such conduct shall be reported to the Mayor and procedures may be taken pursuant to Section 413 hereof 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 received authorization by the Council 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 four years 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 appro- priate regardless of any election dates established by state law Section 1004 Council Action of Budget The Council shall consider the proposed budget and make any revision thereof that it may deem advi- sable• 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. 110 Section 1016 Independent Audit The City Council shall employ at the beginning of each fiscal year, a certified public accountant who shall 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 departments as the City Council may direct As soon as practicable 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 additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of August 1977 (7)6,41. MAYOR OF TH CITY OF CYPRESS ATTEST: 4Z//' CITY CLERK F THE Ci TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 22nd day of August 1977• by the following roll call vote* AYES. 3 COUNCILMEN. Lacayo, MacLain and Hudson NOES: 0 COUNCILMEN: None ABSENT 1 COUNCILMEN Sonju CITY CL RK OF THE CI 4 TY OF CYPRESS