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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as Exhibit "A"; and WHEREAS, the Petition calls for a special election in the event that Ordinance No. 1110-92 is not repealed; and WHEREAS, the City Clerk on March 4, 1991 certified that the Petition was filed on February 21, 1992 by Jim Claar on behalf of petitioners; and WHEREAS,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