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Resolution No. 559769 RESOLUTION NO. 5597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CERTAIN MEASURES RELATING TO THE RESIDENCY REQUIREMENT FOR THE CITY MANAGER AND TO THE APPOINTMENTS AND TERMS OF CITY BOARDS AND COMMISSIONS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, AS CALLED BY RESOLUTION NO. 5581. WHEREAS, a General Municipal Election on Tuesday, November 5, 2002, has been called by Resolution No. 5581, adopted on June 24, 2002; and WHEREAS, the City Council also desires to submit to the voters at the election two (2) questions relating to the residency requirement for the City Manager and the appointments and terms of City Boards and Commissions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority provided by Article XI of the Constitution, Title 4, Division 2, chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Elections Code of the State of California, does order submitted to the voters at the General Municipal Election the following questions: Shall Section 600 of the City Charter of the City of Cypress YES be amended to change the language of the residency requirement of the City Manager, which has been ruled NO unconstitutional under the California Constitution, Article XI, section 10, subdivision (b)? Shall Sections 802 and 805 of the City Charter of the City YES of Cypress be amended to require that appointments to fill a vacancy on a Board or Commission be made for the NO unexpired term of said office in order to preserve continuity of the advisory group? SECTION 2. That the full text of the proposed measures submitted to the voters is attached as Exhibit "A." SECTION 3. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. 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 the City of Cypress at a regular meeting held on the 22nd day of July, 2002. MA ' R • F THE CITY OF CYPRESS ATTEST: CI CLERK OF TH ITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE }SS I, JILL R. INGRAM - GUERTIN, 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 July, 2002; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McGill, McCoy, and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Piercy CITY OF CYPRESS 70 71 EXHIBIT "A" Text of Proposed Amendments to the Charter of the City of Cypress The proposed charter amendments read as follows: First: The City Council of the City of Cypress hereby declare that it is their desire and intent to amend the City Charter of the City of Cypress. Second: These measures amend the Cypress City Charter. Existing sections proposed to be deleted are printed in and new provisions are printed in italic type to indicate that they are new. Third: Article VI, Section 600 of the Cypress City Charter is amended to read: Section 600. City Manager. Selection and Qualifications. There shall be a City Manager who shall be the chief administrative officer of the City. The Council shall appoint the person who it believes to be best qualified on the basis of his executive and administrative qualifications, with special reference to his experience in, and his knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall engage in no other business or occupation, except as may be permitted by the affirmative vote of four members of the Council. He shall City during his tenure of office. The affirmative vote of a majority of the members of the Council shall be required to remove the City Manager from office, provided the City Manager shall not be removed by the Council within 90 days after a councilmanic election. The Council may by ordinance adopt procedures for the removal of the City Manager from office. Fourth: Article VIII, Section 802 of the Cypress City Charter is amended to read: 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 -yoar term. the unexpired term of said office. Fifth: Article VIII, Section 805 of the Cypress City Charter is amended to read: 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. the unexpired term of said office. Sixth: Severability: If any part of this charter amendment is held to be invalid for any reason, such decision shall not affect the validity of the remaining provisions of the amendment, and we hereby declare that we would have voted for the amendment if such invalid portion thereof had been deleted.