HomeMy WebLinkAboutCC Resolution 3536RESOLUTION NO. 43'594
RESOLUTION PROPOSING AMENDMENTS TO THE CHARTER
OF THE CITY OF SAN RAFAEL AND SUBMITTING THE
SAME TO THE ELECTORS OF SAID CITY AND ORDERING
THE PUBLICATION THEREOF
IT IS RESOLVED by the Council of the City of San Rafael,
California, as follows:
3ectior A. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by amending Sections 1 and 2 of
Artic7.e IV, Section 1 of Article V, Sections 2, 3 and 4 of Article
VI, and repealing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, and -31 of Article IV and Sections 2 and 3 of Article V of the
San Rafael Charter as follows:
Section 1 of Article IV shall read: Section 1. GENERAL
AND SPECIAL ELECTIONS. A municipal election shall be held in the
City on the third Tuesday in April of each odd -numbered year and
shall be known as the general municipal election. All other
municipal elections that may be held by authority of this Charter
or of general law shall be known as special municipal elections.
Section 2 of Article IV shall read: Section 2. CONDUCT
OF ELECTIONS. Nominations and all elections to fill public offices
and elections on measures shall be made, held and conducted in the
manner provided for by general law.
Section 1 of Article V shall read: Section 1. POWERS.
The powers of initiative, referendum and recall of elective muni-
cipal offices are hereby reserved to the electors of the City.
The provisions of general law governing initiative, referendum
and recall shall be applicable.
Section 2 of Article VI shall read: Section 2. ELECTION
AND TERM OF OFFICE OF MAYOR. The Mayor shall be elected at the
general municipal election and shall be elected for a term of two
(2_) years from and after the seventh day succeeding the day of such
election and until his successor is elected or appointed and
qualified.
Section 3, of Article VI shall read: Section 3. ELECTION
AND TERM OF OFFICE OF COUNCILMEN AND MEMBERS OF BOARD OF EDUCATION.
The term of office of councilmen and of members of the Board of
Education shall be four (4) years from and after the seventh day
succeeding the day of their election and until their successors
are elected or appointed and qualified. The terms of two council-
men and two members of the Board of Education shall expire every
four (4) years.
Elections for councilmen and members of the Board of
Education shall be held at the general municipal election.
Section 4 of Article VI shall read: Section 4. ELECTION
AND TERMS OF OFFICE OF OTHER ELECTIVE OFFICERS. If there are any
other elective officers, they shall be elected at the general muni-
cipal election and shall hold office for the period of four (4)
ORIGINN
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years, from and after the seventh day succeeding the day of such
election and until their successors are elected or appointed and
qualified.
Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and
31 of Article IV are hereby repealed.
Sections 2 and 3 of Article V are hereby repealed.
Section B. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by amending Sections 1, 4, and
11 of Article VI, which amendments shall be effective at 12:00
midnight on Sunday, the 18th day of April, 1971, as follows:
Section 1 of Article VI shall read: Section 1. ELECTIVE
OFFICERS. The elective officers of the City of San Rafael, shall
be a mayor, four (4) councilmen, and five (5) members of the Board
of Education.
Section 4 of Article VI shall read: Section 4. ELECTION
AND TERMS OF OFFICE OF OTHER ELECTIVE OFFICERS. If there are any
other elective officers, they shall be elected at the general
municipal election and shall hold office for the period of four
(4) years, from and after the seventh day succeeding the day of
such election and until their successors are elected or appointed
and qualified.
Section 11 of Article VI shall read: Section 11.
APPOINTIVE OFFICERS. The Council shall appoint for an indefinite
term, a City Clerk and Assessor, a City Attorney, a Chief of
Police, a City Treasurer and Tax Collector, a City Engineer, a
Director of Public Works, and a Fire Chief. All such appointive
officers may be removed at any time by the affirmative vote of a
majority of the Council.
Section C. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by amending Sections 5 and 6 of
Article VI of the San Rafael Charter, as follows:
Section 5 of Article VI shall read; Section 5. OFFICIAL
BONDS. Appointed officials, before entering upon the duties of
their offices, shall execute a bond to the City of San Rafael in
such penal sum as the Council, annually and after review, by ordi-
nance may determine, conditioned for the faithful performance of
his duties. Such bonds shall be approved by the Mayor. All bonds
when approved, shall be filed with the City Clerk; except the bond
of the City Clerk, which shall be filed with the Mayor. All of the
provisions of any law of this state relating to official bonds of
officers shall apply to such bonds, except as herein otherwise
provided. Every elective and appointive officer of the City, be-
fore entering upon the duties of his office, shall take and file
with the City Clerk, the constitutional oath of office.
Section 6 of Article VI shall read: Section.6. VACANCIES.
Any vacancy occuring in the elective office of member of the Board
of Education shall be filled by appointment by the Council by a
majority vote thereof. If the Council fails for a period of sixty
(60) days after any such vacancy to fill the same, then such
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vacancy shall be filled by appointment by the Board of Education
by a majority vote thereof. The person so appointed shall hold
office for the remainder of the unexpired term of the office so
filled. Any vacancy occurring in any other elective office
shall be filled by appointment by the City Council, by a majority
vote of the remaining members of the Council. If the Council
fails for a period of sixty (60) days after any such vacancy
to fill the same, it shall immediately call an election to be
held to fill the vacancy. A person appointed or elected to fill
such a vacancy holds office for the unexpired term of the office
so filled.
6ection D. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San LZafael, Ca'!ifornia, be amended by amending Section 9 of
Article VI as follows:
Section 9 of Article VI shall read: Section 9.
COMPENSATION. Compensation of the Mayor and councilmen shall
be as permitted by general law and shall be set by ordinance.
Section E. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City
of San Rafael, California, be amended by amending Section 13 of
Article VII as follows:
Section 13 of Article VII shall read: Section 13.
ADVERTISING AND PROMOTION. The Council may by ordinance or
resolution, authorize any expenditure of money for advertising
purposes or for celebration of such public events or demonstra-
tions as the Council may deem proper.
Section F. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City
of San Rafael, California, be amended by amending Sections 8, 11,
and 12 of Article VII==. of the San Rafael Charter as follows:
Section 8 of Article VII shall read: Section 8. CLAIMS
AND DEMANDS, PRESENTATION AND PAYMENT. All claims and demands
against the City of San Rafael and the presentation and payment
thereof shall be in the manner provided by the general law of the
state.
Section 11 of Article VII shall read: Section 11. ANNUAL
FINANCIAL REPORT. The Council shall cause to be prepared and pub-
lished within ninety (90) days after the end of each fiscal year,
a report showing the financial transactions and financial condition
of the City for the last fiscal year.
Section 12 of Article VII shall read: Section 12. INDE-
PENDENT AUDIT. The Council shall provide for an independent annual
audit of all City accounts and may provide for such more frequent
audits as it deems necessary. Such audits shall be made by a cer-
tified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the
City government or any of its officers. The Council may, without
requiring competitive bids, designate such accountant or firm
annually or for a period of not exceeding three (3) years, pro-
viding that the designation for any particular fiscal year shall
be made no later than thirty (30) days after the beginning of
such fiscal year.
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Section u. The Council of the City of San Rafael, California,
on its own mo ion, hereby proposes that the Charter of the City of
San Rafael., California, be amended by amending Section 8 of Article
VIII of the San Rafael Charter as follows:
Section 8 of Article VIII shall read: Section 8. CITY
MANAGER. There shall be a City Manager. He shall be appointed
by the Council for an indefinite term and the Council shall fix
his compensation. The City Manager shall be the chief administra-
tive officer of the City. The Council shall prescribe by ordinance
the duties, responsibilities, and scope of the authority of the City
Manager.
Section H. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by repealing Section 9 of
Article VIII and by repealing Article X and all of its sections
as follows:
Section 9 of Article VIII of the San Rafael Charter is
hereby repealed.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and
13 of Article X of the San Rafael Charter are hereby repealed.
Section I. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City
of San Rafael, California, be amended by amending Sections 10 and
11 of Article VIII and Section 1 of Article IX and repealing Sect -ions
2, 3, 4;q 5, 6, 7, 8, and 9 of Article IX as follows:
Section 10 of Article VIII shall read: Section 10. FIRE
COMMISSION. There shall be a Board of Fire Commissioners consisting
of five (5) members appointed by the Council, one of whom may be a
councilman. The Chief of the Fire Department shall be an ex officio
member of the Commission but shall not be entitled to vote as a
member of the Commission. The members of the Commission shall serve
for a term of four (4) years and shall be subject to removal by the
affirmative vote of three (3) members of the Council. The terms of
office of members of the Commission shall be staggered in the manner
provided by resolution of the Council. The Board of Fire Commissioners
shall exercise such powers and perform such duties as may be pre-
scribed or conferred in this charter or by the ordinances of the City.
Section 11 of Article VIII shall read: Section 11. PARK
AND RECREATION COMMISSION. There shall be a Park and Recreation
Commission consisting of five (5) members appointed by the Council
one of whom may be a councilman. The members of the Commission
shall serve for a term of four (4) years, and shall be subject to
removal by the affirmative vote of three (3) members of the Council.
The terms of office of members of the Commission shall be staggered
in the manner provided by resolution of the Council. The Park and
Recreation Commission shall exercise such powers and perform such
duties as may be prescribed or conferred in this Charter or by the
ordinances of the City.
Section 1 of Article IX shall read: Section 1. BOARD OF
LIBRARY TRUSTEES. There shall be a Board of Library Trustees con-
sisting of five (5) members to be appointed by the Council, one
of whom may be a councilman. The members of the Board shall serve
for a term of four (4) years and shall be subject to removal by
the affirmative vote of three (3) members of the Council. The
terms of office of members of the Board shall be staggered in the
manner provided by resolution of the Council. The Board of Library
Trustees shall exercise such powers and perform such duties as may
be prescribed or conferred in this Charter or by the ordinances of
the City.
Sections 2, 3, 4, 53 6, 7, 8 and 9 of Article IX, are
repealed.
Section J. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by amending Section 1 of
Article XII of the San Rafael Charter, as follows:
Section 1 of Article XII shall read: Section 1. TAX
SYSTEM. The Council shall, by ordinance, provide for a system
for the assessment, levy and collection -of all City taxes.,During
the month of August in each year, it shall levy such a tax as may
be necessary to raise revenue for the maintenance of the City and
the several departments thereof during the fiscal year; that such
tax for all municipal purposes, except (a) the payment of principal
and interest on bonded debt, (b) the maintenance of the public .
library, and (c) an annual tax for the purpose of providing funds
for and of financing participation by the City (by the purchase
of insurance or otherwise) in defraying the annual cost of a pension
or retirement plan or system, including disability and death'bene-
fits, for City officers and employees,: shall not exceed the sum of
$1.00 for each $100 assessed valuation as the same appears upon the
assessment rolls.
Section K. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by amending Section 3 of Article
XIII of the San Rafael Charter as follows:
Section 3 of Article XIII shall read; Section 3. PUBLIC
WORK TO BE DONE BY CONTRACT. The erection, improvement and repair
of all public buildings and works, all street and sewer work ex-
cept current maintenance and repair, and furnishing of supplies
and materials for the same, when the estimate therefor exceeds the
sum of TWENTY-FIVE HUNDRED DOLLARS (2500.00), shall be done by
contract, and shall be let to the lowest responsible bidder, after
advertising for sealed proposals at least twice, not less than
seven (7) days apart, in a newspaper of general circulation
published in said City. Such notice shall specifically state the
work contemplated to be done. The time specified for opening bids
shall be not less than three (3) days from the date of the last
publication of said notice. The Council may reject any bid deemed
excessive and re -advertise, or the work may be done by the Council.
If no bid is received, the work may be done by the Council.
Section L. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City of
San Rafael, California, be amended by repealing Sections 4 and 9 of
Article XIII and amending Sections 14 and 17 of Article XV, as
follows:
&M
Sections 4 and 9 of Article XIII of the San Rafael Charter
are hereby repealed.
Section 14 of Article XV shall read: Section 14. BOOKS
AND RECORDS OPEN TO INSPECTION. All books and records of the
various offices and departments of the City, except those of the
Police Department and City Attorney, shall, during business hours,
be open to the inspection of any citizen or taxpayer, who may make
copies of any portions thereof. Upon request, copies shall be made
or certified by the officer in charge of the records on payment of
a fee as established by the City Manager, said fee to reflect the
cost to the City in providing said service.
Section 17 of Article XV shall read: Section 17. FILLING
OF VACANCIES. If all the offices of members of the Council and
Mayor should become vacant and no member of the Council remains to
fill any of said vacancies of elective offices, successors may be
appointed pursuant to the general laws of the State of Califbrnia
to fill such offices. In such case, the City Clerk, as soon as
reasonably possible, shall call and conduct a special municipal
election to fill such offices for the remainder, if any, of the
unexpired terms.
Section ivi. The Council of the City of San Rafael, California,
on its own motion, hereby proposes that the Charter of the City
of San Rafael, California, be amended by amending_ Sections 1 2
3, 4, 5, and b of Article XIV and also by adding thereto news
sections 7 and 8, as follows:
Section 1 of Article XIV shall read: Section 1. POWER
TO REQUIRE FRANCHISES'. Any person, firm, or corporation furnishing
or proposing to furnish the City or its inhabitants, or any portion
thereof, with water, light, heat, gas, electricity, power, trans-
portation, telephone, telegraph, communication, refrigeration,
storage, or any other public utility or service, or traversing or
proposing tot^averse any part of the city for the.transmitting or
conveying of any such utility or service elsewhere, or using or
proposing to use any public street,way, alley or place in the city
for any of such purposes or for the operation of any plants, work
or equipment for the furnishing thereof, or exercising or proposing
to exercise any public utility franchise right or privilege in the city,
may be required by ordinance to have a valid and existing franchise
from the city therefor, excepting insofar as the city is prohibited
by the constitution or other applicable laws of the State of California
or of the United States of America from requiring such franchise.
Section 2 of Article XIV shall read: Section 2. AUTHORITY
TO GRANT FRANCHISES. The Council is empowered to grant by ordinance
a Franchise to any person, i'i or corporation, whether operating
under an existin franchise or not, to furnish the City and its in-
habitants, or any portion thereof, :with any of the public utilities
or services, or to do any of the things mentioned in Section 1 of
this Article.
Section 3.of-Art3cle XIV shall read: Section 3. FRANCHISE
TERMS, CONDITIONS AND PROCEDURES. Subject to the provisions of this
Charter, the Council may grant a franchise pursuant to a procedure
prescribed by ordinance or pursuant to a procedure provided by State
Sole
law. Any ordinance which prescribes a franchise -granting procedure
different from that provided by State law shall make reasonable
provision for a public hearing, after public notice, on any requested
or proposed grant of a franchise. The Council shall advertise for
bids for sale of a franchise upon such basis, not in conflict with
the terms of this article, as in its judgment is in the public interest.
The Council may prescribe, in any procedural ordinance adopted pur-
suant to this section, the terms and conditions under which any
franchise or franchises will be granted.
The council, in granting any franchise, shall prescribe the
terms and conditions of such franchise in accordance with the
applicable provisions of this charter and any ordinance adopted
pursuant thereto, and may in such franchise impose such other and
additional terms and conditions not in conflict with said charter
or ordinances, whether governmental or contractual in character,
as in the judgment of the council are in the public interest, or
as the people, by initiative, indicate they desire to have so
imposed.
Section 4 of Article XIV shall read: Section 4. TERM
OF,FRANCHISE. Every franchise shall be for either a fixed term or
for an indeterminate period. If for a fixed term, the franchise
shall state the term for which it is granted; if indeterminate, it
shall set forth the terms and conditions under which it may be
terminated.
Section 5 of Article XIV shall read: Section 5. PURCHASE
OR CONDEMNATION BY CITY. No franchise grant shall in any way or to
any extent impair or affect the right of the City now or hereafter
conferred upon it by law to acquire property of the grantee thereof
either by purchase or through the exercise of the right of eminent
domain, and nothing herein contained shall be construed to contract
away or to modify or to abridge either for a term or in perpetuity
the city's right of eminent domain with respect to any public
utility.
Section 6 of Article XIV shall read: Section 6.
EXERCISING RIGHT WITHOUT FRANCHISE. The exercise by any person,
firm or corporation of any privilege for which a franchise is re-
quired without procuring such franchise shall be a misdemeanor and
each day that such continues shall constitute a separate violation.
Section 7 of Article XIV shall read: Section 7. ARTICLE
NOT APPLICABLE TO CITY. Nothing in this article shall be construed
to apply to the city, or any department thereof, when furnishing
any public utility or service.
Section 8, of Article XIV shall read: Section 8.
PRESERVATION OF RIGHTS. Nothing contained in this article shall
be construed to affect or impair any rights, powers or privileges
vested in, possessed by or available to the city by virtue of
previous charter provisions relating to franchises.
Section N. The Council of the City of San Rafael proposes to
and ?�;:reby does, on its own motion, submit to the qualified electors
of the City of San Rafael, California, at the San Rafael general
municipal election to be held on April 10, 1967, the proposals
to amend the Charter of the City of San Rafael, California. as set
forth in Sections A, B, C, D, E, F, G, H, I, J, K, L, M,
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Section 0. The City Clerk of the City of San Rafael is
hereby ordered and directed to cause all of said amendments to
be published once, not less than forty (40) and not more than
sixty (60) days prior to the date of the San Rafael general
municipal election to be held on the 10th day of April, 1967,
in the Independent Journal, the official newspaper of said City,
in each addition thereof during the day of publication, said
newspaper being a newspaper of general circulation published
at least six (6) days a week in said City of San Rafael,
California.
I, W. CLIFFORD CORNWELL, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution.was duly and
regularly introduced and adopted at a regular meeting of the
Council of the City of San Rafael, held on Monday, February 6,
1967, by the following vote, to -wit:
AYES: COUNCILMEN 806f, a60340j Ud NQQI 8dK
NOES: COUNCILMEN
ABSENT: COUNCILMEN
dbi
t�717j:11FO COMT. iiELL
City Cl rk of the City of
San Rafa 1, California
