HomeMy WebLinkAbout1952-08-05; City Council; 1005; City Council admin procedure establishedI .v
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ORDIPJAXCE NO, 1005
The Clty Council 02 the City of Carlsbad does ordain as
f 0lloT"Js :
(a) Tine of regular meetings, The City CouncZl shall hold
regular meetings each Tuesday at 7:OO o~clochc p,m,
(b) Effect of Holiday, Should any Tuesday of any month
fall uporz a legal holiday, then the regular meeting of the Council
fallj-ng on such legal holiday shall be held on the first business
day thereafter, at the hour of 7:OO o'clock pa, of said day,
(c) Place of Xeetings. All meet$ngs of this Council shall
be held at the Oilers' Room at the Twin Inns, Cmlsbad, CalifornS-e-.
(d) Duty to Attend, It shall be tie duty of the members of
the Council to attend all regu1a.P and special meetings OF the
Council and to remain at such. meetings until the sane ape adjowneq
tmless excused by the Mqor or Nayor pro-tem.
(e) Notice to Absent IiIenbers: Fine. Xn case a quonumn shall
not be present at any meeting and important business remains to be
transacted or disposed of, any two members of the Council may
catxse a witten noti.ce to be served personally upon each of the
sther members of the Council directing their igmedlate attendance,
Irhereupon the members of the Council receiving such witten notice
shall be required to attend upon said meeting inxediately, except
in the case of' sickness or death in their immediate family; and in
:ase any member shall refuse or neglect to attend sv-cb meeting, he
:hall be deemed guilty of a misdemeanor,
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(f) Service of Notice, Said notice of attendance shall be
served upon said absent members by the Chief of Police, or the
police offj-cer in attendance at said meeting.
(g> Persistent Refusal to Attend: Rcaoval. Any member of tl
Council vho refuses to attend consecutive meetings of said
Council over a period exceeding sixty (60) days when neither sick
nor unavoidably absen-t; from the City at the time said meetings
were held, shall be deemed to have forfeited his title to the
office of councilman, and the remaining members of the Council,
0% the majority thereof, may by resolu-tion passed by the affirma-
tive vote of a majority of the rezaining nembers of the Council,
cause an action to be brought in the Suserior Court of the County
of San Diego, for his removal, and. to have hEs office declmed
vacant, in the manner provided by law. Said resolution shall set
forth the grounds constituting the cau.se for such. removal; and 8
certified copy thereof shall be presented to the Grand Jury of the
County of San Diegol State of California, by the Clerk of the
Council,
(h) Special Meetings: Wotice: Attendance. All notices of
special meetings must be delivered to the members OS the Council
in the time, form and manner prov5-ded by laws; and the failure of
any member of the Council to observe said notices and attend said
meetings sh& be punishable as hereinabove provided, andl his
attendance thereat may be enforced in the manner povid-ed for his
non-attendance at other meetings.
(f) Ru-les of Ordere The proceedings of Ghe Council shall be
governed under "Robert s Rules of Opder" on all matters pertaining
to parliamentary law; but no ordinance, resollition, proceediEg or
other action of the Council shall be invalidated OP the legalTtg
thereof otherwise affected by the failure or omission to obseme
or follow said rules.
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(j) Conduct of Councilmen, The members of the Couvlcll shall
remain s'eated while particrpating in discussions and at d-2. t~-es
during any mee$ing; and shall address thelr remarks to the Hayor
and other Ytzeabers of the CowrcS1, and not to the citizens who may
happen to be in attendance,
(k) Citizens Addressing Council, Any cdtizenmay arise and
address the Council on any buslness specially concerning him, or
affecting his interests; but preference will be given to those who
have fSrst presented matters in the form of a written communica-
tion, or who have personally notirted the Xayor of their desire
to speak,
(I) Order of Business. The followfng shzll constitute the
order of busriness to be folloved in conducting the regular meet-
ings of Council. :
1, Roll call.
2. Readtng of minutes of ppevious meeting.
3. Receiving written communications,
4. ~eceiving oral communications,
Se Reports of officers or specid committees,
6, Unfinished business.
7. New Business.
8, Paylng bills,
(m) &uspending Order of Business, The regular order of
business may be suspended by a raajor3tg vote of the members presenl
for the accommodation of non-residents vho may have business
before the Council, or for my other purpose*
(n) Disgosltion of Business: Reference. All business
brought before the Council shall be proxiptly attended to; provided,
that upon the request of any member of the Council, the same shall
be referred to the proper official for investigation End report am
recommendation in reference thereto before any action shall be
taken thereon by the Council as a whole,
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(0) First ana Second Reading of Ordinances. Ordinances mag
be given their f2rst reading upon their introduction by reading the
title only, unless a full reasng is requested by a majority of the
members pesene, The second reading upon final passage of the
ordinance shall be a full reading of the ordl -, rance .
(p) Minutes of Proceedings: Iilamer of Keeping. The ninutes
of the Clomcil or journal of their proceedings required. to be kept
by the Clerk shall be neatly typewritten in a special loose-leaf
journal book with each of the different klnds of business trans-
acted set off in paragraphs with proper subheads.
keep the Hinute Book and the original copies of all ordinances in
a fireproof vault or metal cabinets to be provZded by the CouncSl
for that pu- wose.
The Clerk shall
(9) Disruption of Tfieeting: Penalty: Enforcement. Any =em-
ber of the Council OT other person using vulgar, profane, loud or
boisterous language at s-ny meeting, or otherwise interrupting the
proceedings of the Council, vrho refuses to be seated or keep cuiet
when ordered so to d-o by the Kayor, or Rayor Fro-ten, shd. 1, upon
conviction thereof, be deemed guilty of a misdemeanor. It shall
be the duty of tne Chief of Police, when requested by the Mayo? or
la yo^ pro-%em, to see that a police officer is in attendance at
all meetings of' the Council, whose duty it shall be to preserve
order at such meetrings and u$on opder of the IIaJroF or Mayor 9ro-ten
to eject any such member of the Council or o-t;h.er person from the
Council Charber.
pro-tea shall ayoint 2-n Audithg Coimittee of at least tv~o
nembers, who sha.11 examine an.d a?prove all bllls :in writing before
the saxe xay be paid.,
(b) Vacancv, __L Should a vacancy ex5-s-t on said comilttee, froa
any cazse, the Eqor or Nayor pro-%em slia.11 appoint a successor to
%ill s~xc'n vacancy.
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(c) Removal. Yne Nayor, or Xa-gT0-r pro-ten, shall have the
au-thopity to remove any meLiber of the Anditins Com-ittee at any
tine; and it sliall be his dxtg to remove any member of swh cam-
mittee v~ho neglects or refuses to perfom tne duties imposed upon
him as a meraber of such ccrmnittee, and to appoint a successor to
fill the vacancy occasioned by such removal,
SECTION 3 e GENERALLY
B (a) ,l?remimw on Bonds. Uherever bonds are required by
officers of the City, the 3remiuras on smh bonds, when given by
surety companies, shall be ?aid by the City.
(b) Amounts of OffFcTal Bonds, The official bonds of the
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officezw of this City for the faithful discharge of Yneir
respective du'cies shall be and =e he.i.eby fixed at the folloving
sums :
C'ity Treasurer - $25,000~00
City Clerk - $ 5,000*00
,.: Chief of Tolice - $ 2,000+00.
(c) Office Hours: Records. The office for the conduct of
the bus:iness of the City CleFk, City 'freasix-er and Gity Building
Inspector and Fubllc Xorks Dlrector shall be located 5.n the
Recreatibn RQOEI of the California State Division of Forestry 7ire
Station, located on Iiighway 101 Ln Carlsbad, California, or su-ch
other place as Yce City Couacfl by resolution :my es-bablish, said
resolution to be passed at least two (2) weeks in advance of any
change and to be published once in a legal nevspper of general
Zirculskion in the City of Carlsbad; said office shall be kept ope1
for the transaction of official business between i&e hours of
3:OO orclock a,=, and 5:OO o'clock p.i-n., Satupdays, Sundays, and
Legal holidays excluded,
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(a) Comiission Created. Under md pursuan'c to an Act of the
Legislatu-re of the State of California, known as "TIE PLUTTIWG
KT," agproved June 17, 1929, a Planning Commission for the City
)f Carlsbad is hereby created an8 establfshed.
(b } T6embershipt The Flaming Comiission shall consist of
seven (7) meBbers; five (5) =embers thereof to be appointed by the
%a.;ror with the approval of the Covnci,l, one of T:tnom shall be a
nember of the Council., and tvo (2) ex-officio menbers, to-vift:
Tine City Building Inspector an6 the Public YJo-rks Director, OT
KheT-2 designated deyixties or renresen-batives, to be selected by
the Council,
(c) rowers md. Dn-i;ies. The Plazning Co"Lss5on shell have
all the powers and dutles 9rovided by said Plaming Act and s7xch
o-kher ;?overs and duties as xaay be conferred upon Plam?.Tng Com-
missions by any and all lams of the State of CalLTornia,
(a} I-Iolidam The first day of January, the tvelfth day of
FebruaTy, the twenty-second day of Febmary, the tMx-4ieth day of
Hay, the fom-th day of Jv.ly, the fkst Nonday in September, and
t'ne henty-f%.fth day of 3ecem5er in every year, and every day
apFointed by tine President of tine United. States for a pblic fast
01- thanksgiving, am hereby declared to be holidays; and upon
each of the aforesaid days, a11 mu&ici:?al offtees of this City
shll be closed and all ZiLnicipal work of every Mind suspended,
except :in cases of exergency; provided, "c'nc7_t the povisions of -tW
section shall not aply to tbe Police o-r Fire Departmen%;.
(b) Pay. Every einployee on a mont3ly salp.py shall recelve
full nay uyon each of the holidays provided in (a) above.
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Lng a regular ~aontllly salary and wh
enployees of this City receiv-
'nave been in the service of
the City for a peprod of less than six (6) months shall be con-
sideyled as probationary emploTees and the first sfx (6) months
of su-ch service shall be considered a ;probationary Feriod, at the
end of which said probationary period such employees shall be
given wedit for seven (7) Bays acc-c"ated vacation tLme.
(d) Permanent aqlogees. upon completion of six (6)
mon-i;bst satlsfactory service, an employee shall be considered a
permanent employee and as such shall accnmulate vacation time at
Yne rate of one and one-fourth (l-l/4.) days per month fop each
month of' service 1.173 to a ma;uinm of thlrty (30) days4
(e) Part-time BmloTees. \There emplqpent is on a part-time
basis, vacation time will be pro-rated on the basis of ac-tual time
worked
(f) Fixing of Bate of Va.cation, The dates of any vacations
shall be fixed by tize Cfty Cf'erk,
(gs) Sick leave: Generally. Every employee who has been In
Yne service of the City for a period of six months OP more shall
be considered a pexnanent employee and shall be entitled to sick
or a.cc_ident leave v.5th pay at tht3 rate of one day for each calen-
dar month of service,
(h) Actua.1 Disability necess-spy. Sick or accident leave
shall. not be considered as a -privflege which an eaployee may use
at his d-iscretion, but s!_?all be allowed only in Vne case of actual
sickness or disability, or Yne imposition of q.uaran'cine readation
mking it impossible for the enployee to pepor-b for wopkr
(5.) Accmnu-lation .of Sick Leave. Unused sick or accident
leave may be acclavnulated at the rate OF one da3 for each calendar
month of service to a total not to exceed one hundred tifenty
(120) work days.,
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{ j 1 Notice and Proof of Sickness. In order to receive com-
?ensation while absent on sick lezve, Yle employee sliall notify
2xi.s imrediate superior or the City Clmk prior to, or within four
(4) hom-s after, the t2me set for Yhe beginning of his daily
duties, %ken absence is for nore than one day, the employee shall,
at the discretion of the City Clepk, file a physlclan's certifi-
cate OF a personal affidavit with the CSty Clerk staking the
cause of h5s absenc'e,
(k) Deduction of Inswance Compensation. Yihepe an employee
receives any conpensation for his injuries Prom the State Conpen-
sation Xnsuzance Furid, the amount he receives from the City will
be decreased by the amount so received.
(1) Adding to Vacation Time. Sick or acc%dent leave shall
not be added to vacation tirne for the pui-pose of granting or
extending a vacation period,
(si) Part-time Employees. \'here the emplopent is on a part-
time basrs, sick or accZdent leave will be pro-rated on Yne basis
of Yne actual time worked.
SECTION 6. FISCAL XATTERS.
(a> pay Eo11 Certification, yae remar pay roll of all
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officers and employees of the City, includj-ng such tempormy
employees as may be hired for specific purposes by the City Clerk
under general authoriza%ion of the CouulcZ1, shall, before payment,
be duly certrfied:
1, By the a2propriate deypartment head {that -the labor
wzs actually perf'oimed by the employee at the rate of pay
specified);
2, By Yne City Clerk ('chat; the employment vas duly
authorized); and, that such employment and payment coaforin to the
bu-dgek ordinance or other au-thorization of the Council; ad
shall therenpon be payable as pi-ovided by law; bvk all such 1 payrfiert'cs shall in due course be examined and approved by the
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Auditing Committee of the Council.,
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(b) Bills Other Than Pay zioll, A2.I other demands, bills,
and claims against the G5ty arising out of contract, including
bills for labor, raaterial, and supplies furnished, shall, before
payment, be audited and appr-oved by the said Auditing CommLttee,
‘and payment thereof authorized by the Council, as provided by law
and ordinance; provided, ’chat where contracts duly executed by
th Ctty call for specific payments on specified dates, such pay-
ments shall become payable on such dates after proper certifica-
tion by approprfate city offictals, as above set forth, and au3-
ject to final audZt by Yne said Audiking Coinnittee and approval
by %he Council,
(e) Certeficate Fom. All such demands, bPlls and claims
against the City ar9sing out of contract, exceFt the pay roll,
shall set forth a brief description of the articles fixmished or
work or labor perfomed, together with the dates Ynereof, and
have attached thereto or thereon a Certificate in substantially
the following form:
“I hereby ceptify that the foregoing claim is correct and just md that payment therefor has not been received.
Claimmt If
All su-ch claivns shall be filed vith the City Clerk.
(a) Time Limit for DaGlage Claim. Xo claim for darcnages
against the City shall ever be allowed or paid unless there has
been first; filed with the City Clerk and presented to the Council
a claim therefor within six (6) monYns after the occurrence from
which the damages arose. All such claims for daaages shall be
first verified by Yne claimant; before an officer authorized to
adminisker oakhs.
(e)
fiscal year, md at such other tilnes as by resolution the CouncS1
may direct, an inventory shall be made of such personal property
and equipment belonging to t7ne City as is of a permaneat nature
Time and Scope of Inventopy. At least once in each
and classified as capital investxent,
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SECTION 7..
Tais Ordinance is hereby declared to be su? ezergency measure,
necessary for the Zaned5.a-t;e foxnation of governmental llzachinery to
prc/vlde fop the pres&?vation of puBlic peace? health and safeky,
and shall take effect immediately. The following is a statement
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of the facta showing -its emergency:
That the City of Carlsbad was duly incorporated on the 16th
day of July, 1952, and that according 60 'che provisions of
Title 4 of the Government-Code of t'ne State of California, certain
admfnistrative rules are required for %he operatfons of an incor-
yrated city.
That to conform to the above-s.i;ated requirements, it is
necessary that the Ordinance shall .t;&e effect imvnediatelg.
SECTION 8, SBVEBABILITY.
If any provLsion of YIPS Ordinance, or the applicatlon
thereof, to any person or circmstmces, is held %valid, its
invalidlty shall not affect other provisions or applications of
Ylis Ordinance, which can be given effect wFthou'c the invalid
provision or qq&kation; and to this end the povisions of this
Ordinance are declared to be severable, .
SECTION 9. NOTICE,
The City Clerk of the City of Carlsbad shall be and is
directed ko cause this Ordinance to be published once in the
Caplsbad Journal, a newspaper published and of general circelation
in the sa3.d City of C'arlsbad,
Passed, adopted, approved. and o~dered publlshed by the City
Cou.nci.1 of the City 02 Gmlsbad, California, this 5% day of
AugusZ;, 195.2, by tne following vote, to-wit:
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Ayes:
Nays: kne,
Sutton, Ede, Gastorena, Grober and Eayor EcClell
Ab sent : Hone
Hayor of the Cjity of Carlsbad, California
ATTEST :
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