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Resolution No. 6792165 RESOLUTION NO. 6792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3, 2020, FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT. WHEREAS, pursuant to Resolution No. 6789 the City Council of the City of Cypress called and gave notice of the holding of a General Municipal Election, to be held on November 3, 2020, for the purpose of electing Municipal Officers; and WHEREAS, pursuant to Resolution No. 6790 the City Council of the City of Cypress requested that the Orange County Board of Supervisors consolidate the City's General Municipal Election, to be held on November 3, 2020, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, the City Council of the City of Cypress also desires to submit to the voters a proposed Charter amendment relating to the procedures for filling City Council vacancies; permitting the adoption of ordinances amending City Council composition, election, and terms of office to comply with changes in State law; and, as it solely pertains to the City's municipal affairs, the publication requirements relating to ordinances, franchises, public works contracts, and legal notices or other matters; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the Califomia Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Elections Code Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, there is called and ordered to be held in the City of Cypress, Califomia on Tuesday, November 3, 2020, a General Municipal Election for the purpose of submitting the following proposed charter amendment: Shall the measure, amending Cypress's City Charter to require Council vacancies be filled pursuant to State law; permit changing by ordinance Council composition, election, and terms to comply with State law changes; and, solely pertaining to Cypress's municipal affairs, change publication completion requirements for ordinances, franchises, public works contracts, and legal notices or other matters to alternatively permit publication by posting at three or more Council -designated public places and Cypress's online presence, be adopted? Yes No SECTION 2. That the text of the Charter amendment to be submitted to the voters is attached as Exhibit A to this Resolution. SECTION 3. That the vote requirement for the Charter amendments to pass is a majority (50%+1) of the votes cast. SECTION 4. That the ballots to be used at the General Municipal Election shall be in form and content as required by law. 166 SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the General Municipal Election. SECTION 6. That the polls for the General Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as otherwise provided in § 14401 of the Election Code of the State of California. SECTION 7. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections. SECTION 8. That notice of the time and place of holding the General Municipal Election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of June 2020. MAYOR OF TF.I'E CITY OF CYPRESS ATTEST: CITY ER OFT E CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, ALISHA FARNELL, 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 June 2020; by the following roll call vote: AYES: 5 COUNCILMEMBERS: Berry, Morales, Peat, Yarc and Johnson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY�ZLERK OF HE CITY OF CYPRESS 167 Exhibit "A" CHARTER AMENDMENT MEASURE AMENDMENT TO THE CHARTER OF THE CITY OF CYPRESS TO PROVIDE THAT VACANCIES ON THE CITY COUNCIL BE FILLED PURSUANT TO STATE LAW; PERMIT THE CITY COUNCIL TO ADOPT AN ORDINANCE MODIFYING ITS COMPOSITION, ELECTION, AND TERMS OF OFFICE TO COMPLY WITH CHANGES IN STATE LAW; AND, SOLELY PERTAINING TO CYPRESS'S MUNICIPAL AFFAIRS, CHANGE PUBLICATION COMPLETION REQUIREMENTS FOR ORDINANCES, FRANCHISES, PUBLIC WORKS CONTRACTS, AND LEGAL NOTICES OR OTHER MATTERS TO ALTERNATIVELY PERMIT PUBLICATION BY POSTING AT THREE OR MORE COUNCIL -DESIGNATED PUBLIC PLACES AND CYPRESS'S ONLINE PRESENCE. SECTION 1. AMENDMENT TO SECTION 400 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 400 of the City Charter of the City of Cypress as follows (underline showing additions and etnkethfeegh showing deletions): Section 400. City Council. The Except as provided by an ordinance that is consistent with the general laws of the State, the City Council, hereinafter termed "Council", shall consist of five Councilmen elected to office from the City at Targe in the manner provided in this Charter. The term of office shall be four years. Alternatively -Except as provided by an ordinance that is consistent with the general laws of the State, alternatively, and successively, 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 effective 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. 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 appointed. 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 determining eligibility for office. SECTION 2. AMENDMENT TO SECTION 403 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 403 of the City Charter of the City of Cypress as follows (underline showing additions and strikethrough showing deletions): Section 403. Vacancies, Forfeiture of Office. Filling of Vacancies. (a) A vacancy shall exist on the Council, and shall be declared by the Council, if a Councilman resigns, is legally removed, dies, or forfeits his office. (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 completed 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. 01004.0001/652440.1 168 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. (c) Any vacancy on the Council shall be filled by a majority vote of the remaining Councilmen within thirty days after the vacancy occurs. If more than one vacancy exists, successive appointments shall be made, Council fails, for any reason, to fill such vacancy within said thirty day office until the next general municipal election and until his successor (c) Any vacancy on the Council shall be filled in a manner consistent with the general laws of the State. SECTION 3. AMENDMENT TO SECTION 416 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 416 of the City Charter of the City of Cypress as follows (underline showing additions and strikethrough showing deletions): Section 416. Ordinances. Publication. The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption; provided, however, that when en of an ordinance solely pertains to the municipal affairs of the City, except as otherwise provided by the general laws this Charter or by ordinance of the State Council, the Clerk shall -may post the ordinance in at least three public places in the City as designated by the Council and posted on the City's online presence in lieu of such publication. SECTION 4. AMENDMENT TO SECTION 420 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 420 of the City Charter of the City of Cypress as follows (underline showing additions and ctrikethrough showing deletions): Section 420. Publishing of Legal Notices. The publication of legal notices or other matters solely pertaining to the municipal affairs of the City, shall be deemed to be the official newspaper. otherwise in this Charter or except as provided other matter, and notices required to be published in the official newspaper by ordinance of the Council, may be published -accomplished by posting copies thereof at three or more public places in the City as designated by the Council- and posted on the City's website; (2) publishing thereof in the official newspaper; or (3) a combination of (1) and (2). The publication of legal notices or other matters that do not solely pertain to the municipal affairs of the City shall be published in a manner consistent with applicable law. 01004.0001/652440.1 169 The newspaper with which the Council contracts for the publication of legal notices shall be deemed to be the official newspaper. No defect or irregularity in proceedings taken under this section, or failure - - - - - - - - - - - - , shall invalidate any publication where the same is otherwise in conformity with this Charter or law. SECTION 5. AMENDMENT TO SECTION 1103 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 1103 of the City Charter of the City of Cypress as follows (underline showing additions and ctrikethrough showing deletions): Section 1103. Procedure for Granting Franchises. Before granting any franchise, the City Council shall adopt a resolution declaring its intention to grant same and stating the name of the proposed grantee, the character of the proposed 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 person having an interest in or objecting to the granting of such franchise may appear before the Council and be heard thereon. Said resolution shall be published in a manner consistent with Section 420 at least once, not less than ten days prior to said hearing After hearing all persons desiring to be heard, the Council may by ordinance deny or grant the franchise on the terms and conditions specified in the resolution, subject to the referendum of the people. No ordinance granting a franchise shall be adopted as an emergency ordinance. SECTION 6. AMENDMENT TO SECTION 1012 OF THE CITY CHARTER. The People of the City of Cypress do hereby amend Section 1012 of the City Charter of the City of Cypress as follows (underline showing additions and 6trikethrough showing deletions): Section 1012. Contracts on Public Works. Unless subject to an exception set forth in another subparagraph of Section 1012, every project involving an expenditure of more than Three Thousand Five Hundred Dollars (or such other amount as may be prescribed by ordinance) for the construction, improvement, repair or maintenance of public works shall be let by the Council by contract to the lowest responsible bidder after notice by publication occurs at least once and in a manner consistent with Section 420. If publication under this Section 1012 occurs more insertions, than once, then the first o€ -which publication shall be -occur at least ten days before the time for opening bids. Projects for the maintenance or repair of public works are excepted from the requirements of this paragraph if the Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work. The Council may reject any and all bids presented and may readvertise in its discretion. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the work in question 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 votes of the Council may proceed to have said work done, without further observance of the provisions of this section. Such contracts may be let and such purchases made without advertising for bids, if such work shall be deemed by the Council to be of urgent necessity for the preservation of life, health, or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency. 01004.0001/652440.1 170 At its election, the Council may authorize the use of a design -build construction procurement process for capital improvement projects. For capital improvement project maintenance contracts, the Council may award the contract to the most qualified bidder instead of to the lowest responsible bidder SECTION 7. BALLOT DESCRIPTION. As provided in Government Code Section 34458.5, the following ballot description is included in this Charter Amendment measure: Charter Amendment (Sections 400, 403, 415, 420, 1103, and 1012): Section 400 of the City Charter currently sets for the City Council's composition, election, and terms of office. This Charter Amendment measure amends Section 400 by permitting the City Council to adopt an ordinance modifying its composition, election, and terms of office to comply with changes in State law. Section 403 of the City Charter requires that City Council vacancies to be filled within 30 days. This Charter Amendment measure amends Section 403 to provide that City Council vacancies are to be filled pursuant to State law, which also provides that vacancies are to be filled within 60 days. Sections 415, 420, 1103, and 2012 currently requires the publication of City ordinances, franchise, public works contracts, and legal notices or other matters by publication in the City's official newspaper and in the manner currently specified therein. This Charter amendment measure amends these sections to allow publication, for matters solely pertaining to the City's municipal affairs, to be accomplished by posting at three or more City Council designated public places and on the City's online presence. SECTION 8. SEVERABILITY. It is the intent of the people that the provisions of this Charter Amendment measure are severable and that if any provision of this Charter Amendment measure, or the application thereof to any person or circumstance, is held invalid such invalidity shall not affect any other provision or application of this Charter Amendment measure which can be given effect without the invalid provision or application. SECTION 9. EFFECTIVE DATE. This charter amendment shall be deemed ratified 10 days after certification of the election, and will take effect upon filing and acceptance by the California Secretary of State. 01004.0001/652440.1