HomeMy WebLinkAboutReso 18-1992RESOLUTION NO. 18-92
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CALLING FOR A CONSOLIDATED SPECIAL
ELECTION ON A REFERENDUM AGAINST ORDINANCE
NO. 1110-92 ADOPTED BY THE CITY COUNCIL CONCERNING
THE CITY COUNCIL'S AUTHORITY TO HIRE AND FIRE CITY
DEPARTMENT HEADS
WHEREAS, on March 4, 1992, the City Clerk of the City of
South San Francisco presented to the City Council a referendum
petition concerning Ordinance No. 1110-92; and
WHEREAS, the referendum is entitled "Referendum Petition
Against An Ordinance Passed By The South San Francisco City
Council (Ordinance No. 1110-92) Removing The Power To Hire And
Fire City Department Heads From The City Manager And Placing That
Authority In The Hands Of The City Council", hereafter referred
to as "Petition", a copy of which is attached hereto as Exhibit
"A"; and
WHEREAS, the Petition calls for a special election in the
event that Ordinance No. 1110-92 is not repealed; and
WHEREAS, the City Clerk on March 4, 1991 certified that the
Petition was filed on February 21, 1992 by Jim Claar on behalf of
petitioners; and
WHEREAS, the City Clerk further certified that the Petition
contained 2,209 valid signatures; and
WHEREAS, the Secretary of State has verified that as of
January 15, 1992 there were 21,210 registered voters in the City;
and
WHEREAS, the valid signatures are in excess of ten percent
(10%) of the City's registered voters; and
WHEREAS, Section 4055 of the Elections Code requires the
City Council to either repeal Ordinance No. 1110-92 in its
entirety or immediately order a special election to be held not
less than eighty-eight (88) days nor more than one hundred three
(103) days after the date of the order to submit the Ordinance to
the voters of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
South San Francisco does hereby call for a special election to be
held on Tuesday, June 2, 1992 for the purpose of submitting
Ordinance No. 1110-92 to a vote of the people of the City of
South San Francisco, and that the date of this order shall be
reflected'for all purposes as March 4, 1992.
BE IT FURTHER RESOLVED that:
1. This election shall be consolidated with the state-wide
primary election to be held on June 2, 1992 for consideration of
the following measure:
SHALL THE CITY OF SOUTH. SAN FRANCISCO ADOPT ORDINANCE NO.
1110-92 AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO
ALLOW THE CITY COUNCIL RATHER THAN THE CITY MANAGER TO
APPOINT AND DISMISS CITY DEPARTMENT HEADS?
2. The City Clerk is authorized and instructed to take all
steps necessary and execute all documents necessary to assure
that the election is so consolidated.
3. The City Clerk is hereby authorized to procure all
supplies and make all arrangements necessary for the proper
conduct of said election and is hereby directed to conduct the
election in accordance with State law.
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of the City of South
San Francisco at an ad3. reg. meeting held on the 4th day of
March , 1992 by the following vote:
AYES: Councilmembers Jack Drago, Joseph A. Fernekes, Roberta Cerri
Teglia. and Mayor John R. Penna
NOES: None
ABSTAIN: None
ABSENT: C0unci]member Gus Nico]0pu]0s
ATTEST: ~ ~le~
2
EXHIBIT A TO RESOLUTION 18-92
REFEZ~ENDUM PETITION AGAINST AN ORDINANCE PASSED BY THE
SOUTH SAN FRANCISCO CITY COUNCIL (ORDINANCE 1110-92) REMOVING THE
POWER TO I:]RE AND FIRE CITY DEPARTMENT HEADS FROM THE CITY MANAGER
AND PLACING THAT AUTHORITY IN THE HANDS OF THE CITY COUNCIL.
On January 22, 1992, the South San Francisco City Council adopted Ordinance 1110-92. Ordinance 1110-92 amended various
sections of Title 2 and Title 3 of the South San Francisco Municipal Code relating to the power to appoint city department
heads, which prohi 3ited the City Council from directly or indirectly ordering the appointment or removal, by the city manager
or by any of the department heads, of any person to any position in the city service.
Ordinance 1110-92 will be effective on February 21, 1992. If the required number of voters sign this petition and if this petition
is timely presented to the City Council, Ordinance 1110-92 is suspended and the City Council shall reconsider the ordinance. If the
City Council does not entirely repeal the ordinance, then the Council shall submit Ordinance 1110-92 to the voters of South San
Francisco and the ordinance shall not become effective unless a majority of voters vote for it.
TO THE HONORABLE CITY CLERK, CITY OF SOUTH SAN FRANCISCO
We, the undersigned, protest the adoption of City of South San Francisco Ordinance No. 1110-92 by the South San Francisco
City Council. We request you to determine whether the petition has the requisite number of signatures and to certify the results
to the City Counci, so the Council may repeal the ordinance or submit it to the voters of South San Francisco.
ORDINANCE 1110-92: AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO
AMENDING VARIOUS SECTIONS OF TITLE 2 AND TITLE 3 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE RELATING TO THE POWER TO APPOINT
CITY DEPARTMENT HEADS.
THE CITY COUb CIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2.36.040
Section 2.36.040, subsection B of the South San Francisco Municipal Code is hereby amended to read as follows:
"B. To appoint, discipline and dismiss all appointed officers and employees of the city, excepting the members
of council-appointed boards and commissions, the city attorney and city department heads;"
SECTION 2. Section 2.36.050
Section 2.36.050 o: the South San Francisco Municipal Code is hereby amended to read as follows:
"Neither the city council nor any of its members shall interfere with the execution by the city manager of the
city manager's powers and duties. Except for the purpose of inquiry, the city council and its members shall deal
with the administrative service solely through the city manager, and neither the council nor any member thereof
shall give orders to any subordinate of the city manager, either publicly or privately. The city manager shall take
orders and instructions from the city council only when it is sitting in a lawfully held meeting."
SECTION 3. Section 3.24.010
Section 3.24.010, subsections C and E of the South San Francisco Municipal Code are hereby amended to read as follows:
"C. Ap-~ointment shall be made by the city manager upon the recommendation of the department head. Appoint-
ment of department heads and the city attorney shall be made by the city council."
"E. In :he absence of appropriate employment lists, a provisional appointment may be made by the appointing
authority of a person meeting the minimum training and experience qualifications for the position. Provisional
appointments, except the city attorney and department heads, shall be made by the city manager. Provisional appoint-
ments to other positions shall be made by the appropriate department head. An employment list shall be estab-
lished within six months for any permanent position filled by provisional appointment. The personnel board may,
by a four-fifths vote, extend the period for the list and provisional appointment for not more than thirty days,
by any one ;~ction not to exceed three such extensions."
SECTION 4. Section 3.28.020
Section 3.28.020 of the South San Francisco Municipal Code is hereby amended to read as follows:
"Employees may be discharged or demoted for cause. The rules and regulations shall provide for the exercise
of such powers of the city manager, upon recommendation of the department head. A discharged department head
may be reinstated to the position in the competitive service held by the department head immediately prior to
appointment as department head or to an equivalent position in the classification. An employee discharged from
a position not in the competitive service to which the employee was advanced from a position in the competitive
service may be reinstated to the position in the competitve service held by the employee immediately prior to
the advancement or to an equivalent position in the classification."
Sect~oes 5. & 6. NC[ pe.~.ine,'~; .'.o th:.s'pet;.ta, on.
All signers of this petition must be registered in South San Francisco.
1.
Your signature as registered to vote
Print your name
Residence address City Zip
CIRC-JLATOR--BE SURE TO SIGN THE DECLARATION OF CIRCULATOR ON REVERSE SIDE.
REFERENDUM PETITION AGAINST AN ORDINANCE PASSED BY THE
SOUTH SAN FRANCISCO CITY COUNCIL (ORDINANCE 1110-92) REMOVING THE
POWER TO HIRE AND FIRE CITY DEPARTMENT HEADS FROM THE CITY MANAGER
AND PLACING THAT AUTHORITY IN THE HANDS OF THE CITY COUNCIL.
On January 22, 1992, the South San Francisco City Council adopted Ordinance 1110-92. Ordinance 1110-92
amended various sections of '13tle 2 and Title 3 of the South San Francisco Municipal Code relating to the power to
appoint city department heads, which gave the City Manager the authority to hire and fire department heads.
Ordinance 1110-92 gives the authority to hire and fire city department heads to the City Council.
Ordinance 1110-92 will be effective on February 21, 1992. If the required number of voters sign this petition and if
this petition is timely presented to the Council, Ordinance 1110-92 is suspended and the City Council shall reconsider
the ordinance. If the Council does not entirely repeal the ordinance, then the Council shall submit Ordinance
1110-92 to the voters of South San Francisco and the ordinance shall not become effective unless a majority of
voters vote for it.
All signers of this petition must be registered in South San Francisco.
Your signature as registered to vote
Print your name
Residence address
3.
City Zip
Your signature as registered to vote
Print your name
Residence address
4.
City Zip
Your signature as registered to vote
Print your name
Residence address
5.
City Zip
Your signature as registered to vote
Print your name
Residence address City Zip
DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained)
I am registered to vote in
San Mateo County, California. I circulated this section of the petition and saw the appended signatures being written. Each oi
the signatures to this petition wes signed in my presence. Each signature of this petition is, to the best of my knowledge and belief,
the genuine signature of the person whose name it purports to be. All signatures to this document were obtained between
and
MONTH/DAY/YEAR
MONTH/DAY/YEAR
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
SIGNATURE OF CIRCULATOR (First, Middle Initial, Last Name)
Executed on: at
DATE
PRINT NAME OF CIRCULATOR
PLACE: City, County, State
RESIDENCE ADDRESS: City, County, State, Zip