HomeMy WebLinkAbout1965-11-03MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Wednesday, November 3, 1965
Mayor Shipley called the regular adjourned meeting of the City
Council of the City of Huntington Beach to order at 7:30 P.M'
The Pledge € f Allegiance was given by all present it the Council
Chamber,
ROLL CALL
Councilmen Present: Welch, Gisler, Lambert, Stewart,, Shipley
Councilmen Absent: None
SUPPORT OF VETERAN'S DAY AND FIG&ITING FORCES IN VlET NAM.
The City Administrator informed ed than Council it that the Chief of 'Police
had contacted him concerning a request from Woodrow Smith., Principal
ofothe Huntington Beach High School, for permission or students to
conduct a demonstration and march or 'Veteran's Day, , November llth,
from the High School to Memorial Hall, in support of than country's
fighting forces in Viet Nam.
On mot ,ion b La mbert,, second Gisler,, C;��r€.€ ci.l.' grated permission for,
the Huntington Beach High. School students to conduct the demonstra-
tion and march on Veteran's 'Day. Motion carried,
PUBLIC HEARING PROPOSED CITY CHARTER
M ayor° Shipley announced that this was the day and hoer set for a
public hearing on the proposed City Charter which had been >prepared
and submitted by the Citizens' Charter Revision Committee, and
directed the City; Clerk to read the legal notice.
The Clerk r; notice € f public hearing on the purposed charter for
the City of Huntington .Beach, as published in the Huntington Beach
News on October 21, 1965, setting than hour o1 7:30 O'clock P.M.,
or as soon thereafter as possible, on Wednesday, the 3rd day of
November, 1 C1a, in the Counc.i.l. Chamber of the Civic Center,
Huntington Bea h,, California, as the time and place for a public
hearing for the purpose of considering 'appoposed City Charter for
the City of Huntington Beach, as prepare4 And ,ubmi t d by the
Citizens' zees' Charter Revision Committee, and invitingall interested.
person to `'b pi~esa rat and e press t.'heir opinions € n said proposed
City >Charter
Mayor Shipley declared the hearing open.
The Clerk read ;a communication from ''Mrs. Bernard Gage, 302 Crest
Avenue, City, urging the Council to give consideration to placing
the issue of whether the Chief of Police and City Attorney should
be elected or appointed, on the ballot, as an alternate with the,
proposed charter.
The Clerk also read a letter from NO. hRx E. Dingwall, 19?91 Estuary
Lane, Cite, requesting that a skeleto ized personnel system for
selection and promotion of Fire, 'Police and Lifeguard personnel,
including department heads, he written in our Charter.
Mr. Fred Mill em 5192 C nliAte Drive, 'City, addressed the Council
to propose that Section 01 of the proposed Charter be changed by
substituting the words "registered voter" for the words "qualified
elector,''
Mrlea J. Decristofor f 9627 Adams Avenue, City, addressed .the
Council to speak in support of the letter from Mr. Dingwall.
Page 2 - Minutes, November 3, 1_96 5
hha Kenneth Lawson, 8131 Indianapolis Avenue, addressed, the Council
to inform theme that the Revision Committee had thoroughly discussed
Section 501, and. stated that he believed the section should remain
as presented. Tv1r. Lawson also commented on the remarks of Mr.
DeCristoforo, stating that any charter incorporating the personnel
system as proposed by R.m Din call, would he extremely bulky and
would require considerable additional time to prepare same.
Mr. he ristotoro. again addressed the Council and took issue with
Mrs Lawson{s remarks concerning the problem in incorporating a
complete personnel system .in the Chaster.
1Y1r. Fred Miller again addressed the Council to differ with the
thinking of Mr. Lawson concerning his suggestion regarding the use
of the terminology "registered voter."
Attorney Harry Williams, Attorney for the Citizens' Charter Revision
Committee, who had been Invited by the Council to attend the hearing,
discussed the matter of creation af a personnel system and inclusion
of specific details In regard thereto, In the preparation of the
Charter.
firs Robert Dingwall., 19791. Estuary Lane, City, addressed the Council
to take issue with Attorney Williams on various points in connection
with the personnel system.
Mr. Glenn Hottenstel.n, 5581 heal Avenue, City, addressed the Council
concerning the inclusion of a specific personnel system in the
proposed Charter, and stated that he believed the problem could he
handled more expediently through the adoption of an Ordinance or
Ordinances.
Mayor Shipley requested the City Clerk to discuss the changes and
alterations which he had proposed tag the Council on various sections
of the Charter.
The Clerk pointed out certain changes which had been suggested In
Sections 501, 503, 504, 507, 509, 511, 512 and 1302.
On motion by Stewart, second Lambert, Council directed that Section
1-302 of the proposed. City Charter he amended to read as follows,
Section 1302. PIZOCEDU�E FOR HOLDING ELECTIONS. All eledtions
shall he held in accordance with the provisions of the Elections
Code of the State of California, as the same now exist or
hereafter may he amended, for the holding of municipal elections
so far as the same are not In conflict with this Chester;
provided, however, that in the ease of the first election held
under this charter, the time for filing nomination papers and
the time for publishing the notice of election is extended
until the fortieth day prior to the election.
Motion carried.
On .motion by Welch, second Gisler, Council directed that Section 514
of the proposed City Charter be amended to read as follows
Section 514. ORDINANCES. IMN EFFECTIVE. Every ordinance shall
become effective thirty days from and after the date of its
adoption, except the following, which shall take effect upon
adoption:
(a) An ordinance calling or otherwise relating to an election;
(h) An improvement proceeding ordinance adopted under some
special law or procedural ordinance relating thereto
(o) An ordinance declaring the amount of money necessary to
he raised, by taxation, or fixing the rate of property
taxation, or levying the annual tax upon property;
(d) An emergency ordinance adopted in the manner provided in
this Article..
Motion carried..
Page 3 - Minutes, November 3, 1965
On motion by Welch, se on€f Gisler, Council directed that Section 501,
of the proposed City Charter be amended to read as follows,
Section 501. ELIGIBILITY. No person shall be eligible to hold!
office as a member of the City Councils City Clerk or City
Treasurer unless he is and shall have been a resident acrid,``.
registered voter of the City for at least two years next
preceding the date of his election or appointment.
Motion carried,
Can motion by Stewart., second WbIch, Council directed that and other
sections affected by -tire change to Section 501, be amended to corn-
orrm to said change, as follows -
Section 802. APPOINTMENTS. TERMS. The members of each of that
boards or commissions hereinafter named in this Article shall.
be appointed by the City Council from the registered voters of
the City, none of whom shall hold any .full time paid office or
employment in the City government. They shall be subject to
removal by motion of the City Council adopted by the affirmative
votes of a majority ity of the total membership thereof. The members
thereof shall serve for terms of four years and until their
respective successors are appointed and qualified. The terms
ms
shall be sta-gered so that the number of terms on any such
board or commission expiring in any year shall not differ b
more than one from the -number of terms expiring in any other
year. Such terms shall expire on =lame thirtieth of the approp-
riate year, A vacancy occurring before the expiration of n
term shall be filled by appointment for the remainder of the
unexpired term.
Section 1.21.0. REVENUE BONDS. Bonds which are payable only out
of such revenues, other than taxes, as may be specified in such
bonds may be issued when the City Council by ordinance shall
have established a procedure for the issuance of such bondsa
Such bonds, payable only out of revenues, shall not constitute,
an indebtedness or general obligation of the City. No such
bonds payable out of revenues shall be issued without the assent
of €are majority of the voters voting upon the proposition for
issuing the same at an election at which such proposition shall
have been duly submitted to the registered voters of the City.
Motion carYr°:gar
The public hearing on the proposed City Charter was declared closed
by the Mayor,
motion was made buy Lambert, second Stewart, that the proposed City
Charter be approved as amended to this paint.
x, The forego -in mot -ion was not brought to vote at this time, because
of considerable discussion held by the members of the Council and
citizens in the audience.
The matter of placing the item of election or appointment of the City
Attorney as a separate proposition on the ballot submitting the
proposed sed City Charter to the voters of the € ity, was discussed at
length.
Mr. Eo, J. DeCristofor o again addressed the Council and stated, that
the matter had been placed on the ballot at a recent election, and
thart, it had been a mandate of -the people that the City Attorney
and the lief of Police be elected.
RECESS
Mayor Shipley called a recess of the Council at 9 s l5 PJMz
RECONVENED
The meeting was reconvened by the Mayor at 9.55 P.Ms
Page �4 - Minutes, November 3, 1965
Various citizens, including Attorney Williams, addressed the Council
in regard to a proposition of election or appointment of the City
Councilman Welch stated that he believed that Section 604 Paragraph
(a) placed too much power in the hands of the City Administrator,
and that Section 607 should be altered to vest the authority in
the hands of the Council as as body x
Some diti€:aas8_l.€ n was held by various Councilmen and citizens _ n
regard to the suggestion of Councilman Welch.
On motion by Stewart, soo€and. Lambert, Council directed that Section
607 of the proposed Clay Charter be amended d to read as follows z
Section 607, NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE.
Except as otherwise provided in this Charter, no member o
the City Council shall order, directly or indirectly, the
appointment by the City Administrator, or by any of the
department heads in the administrative service of the City, of
any person to any office or employment, or his removal there-
from. Except :for the purpose of inquiry, no member of the
City Council shall deal with the administrative service under
the jurisdiction of the City Administrator except through
the City Administrator, and no member of the Cite Council shall
give orders to any subordinate na.ate of the City Administrator,
either publicly or privately.
Motion carried.
A motion was made by Gisler, second Welch, that the proposed City
Charter be amended to make the office of City Attorney elective
by the people,
At this point Councilman Stewart demanded and Mayor Shipley ordered
a vote to be taken on Councilman Lambe t } s previous motion to
approve the proposed Charter as amended to that point.b been put
to vote the motion failed,
Mayor S1:a.1_pley then called :fo_a° a vote on the motion of Councilman
Gisler to amend the proposed Charter to make the office of City
Attorney elective by the people, Motion oaa.rr_ e&
Attorney 'ill aa€ s then presented amendments to Sections 500, 03,
01 and 03 to provide l=oa:r the City Attorney being an elective
olficial rather than appointive, as follows:
Section . 0% CITY COUNCIL, ATTORNEY, CLERK AND TREASURER- TERMS.
The elective officers of the City shaall consist of as City
Coaa.ncil of seven members, a City Clerk, a City Treasurer and
a City Attorney, all to be elected from the City at large
at the times and in the manner provided in this Charter and
who shall serve for terms of four goers and until their respec .--ive successors qualify.
-
Subject to the provisions of this Charter, the five members o
the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their
respective terms and until their successors are elected. and
qualified, and shall_ constitute the City Council until two
additional members are elected as hereinafter provided, Four
members of the City Council shal~l, be elected at the eneraa;l
municipal election bald 1_n April, 1.966, and oaaoh fourth year
thereafterThree members of the City Coaaaacil shall be elected
at the general municipal election held in April., 1968, and each
fourth year thereafter.
In the event this Charter shall not take effect in time to
elect four members of the City Council at the general municipal
election held in April, 1966, and €a€a.l_y two members of the City
Council are then electedl a special election shall be called
and held not less than 60 nor more than 90 days after the
effective date of this Charter to sleet two additional members
of the City Council for the remainder of the terms expiring in
April, 19707
111
Page #5 - Minutes, November 3, 1965
_�Subj6ct to the provisions of this Charter, the City Clerk,
City Treasurer and City Attorney in office at the time this
Charter takes effect shall continue in office until. the
expiration of their respective tees and the qualification
of their successors. A City Clerk and City Treasurer shall
be elected at the general. muiiici.pal election held in April,
1968, and each fourth year thereafter. A City Attorney shall
he elected in April, 1'966% and each fourth year thereafter.
The term € f each member of the City Council, the City Cleirk,
the City Treasurer rnr and the City Attorney shall commence on the
first Tuesday following his election. lies in voting among
candidates for office shill be settled by the casting of lots.
Section 303. VACANCIESs A vacancy in the City Coon it ,� or
City Clerk, City Treasurer -or 'City Attorney, from whatever
cause arising, shall be filled by appointment by the 'City
Council,, such appointee to hold office until the first Tuesday
following the next general municipal election and ;until his
successor qualifies. At the next general municipal, election
following any vacancy, a successor shall be elected to serve
for the remainder of any unexpired tame, if any As n.ged in
this pay agr ph 5 the next general municipal election shall
mean the next such election at which it is passible to place
the matter on the ballot and elect a successor.
Section 701, APPOUNTMENT AND REMVAL� All officers, depart-
ment heads and employees of they City, except elective offices,
shall be appointed and may be removed as elsewhere in this
Charter provided,
Section 703$ CITY ATTORNEY. POWERS AND DUTIES To become
and remain eligible for Cite Attorney the person elected or
appointed shall be an attorney at law., duly licensed as such
under the laws of the State of California, and shall have been
engagedin the practice of law in this State for at least three
years prior to his election or appointment. The City Attorney
shall have the power and may be required, to
Represent and advise the City Council and all City officers
in all matters of law pertaining to their offices.
b) prosecute on behalf of the prople any or all criminal
cases arising from violation of the, provisions of this
Charter, or of City ordinances � and such .Stage mis-
demeanors as the City has the power to prose ut6 � unless
otherwise provided by the City Council.
( ) Represent and appear for thdt' City in =W: ? all $ctiOUa*
or proceedings in which the City to concwt"nod or
party, and represent and appear for ay City officer
employee, or former City offic—or or employee, 111 4n1
all civil actions or proceedings l�."1 o c X'r
or employee is concerned € r a: q a par t y z for ,ana act,
.rising out of his empl o ez t. by eau,etpof his of l> �al
capacity.
(d) Attend all regular meetings of the City Council, unless
excused, and give his advice or opinion orally or in
writing whenever re ndsted to do so by the City Council or
by any of the Boards or Officers of the City.
(e) Approve the form of all contracts made by and all bonds and
insurance given to the City, endorsing his approval
thereon in writs
(f) Prepare any and all, proposed ordinances and City Council
resolutions and amendments thereto,.
Page 6 - Minutes, November :3, I965
Devote such time to the duties of his office and at such
place as may be specified by the City Council.
(h) Perform such .Legal functions and duties incident to the
execution of the foregoing powers as may he necessary.
Q) Surrender to his successor all honks, papers, files and
documents pertaining to the City Y s affairs.
The -City Council shall have control of all legal business and
proceedings and all property of the legal department, and may
employ other attorneys to take charge of per may contract for
any prosecutions, litigation or other legal matters or business.
On € otion by Welsh, second Gisler, the amendments to Sections 500,
031 01 and 703 heretofore set forth by Attorney Willis, and
table of contents related d thereto, were included In the proposed
City Charter. Motion carried.
On € otion by Teich, second Gisler, Council directed that the proposed
City Charter he approved and adopted by the Clay Council as amended
at this meeting, and presented to the people in that form. Nntlon
carried,
The Clerk read Resolution Now 225 - "A RESOLUTION OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND
GIVINKa NOTICE OF .A SPECIAL ELECTION N TO BE HELD IN THE CITY OF
HUNT F° G1`ON BEACH ON THE 11TH HAY OF J ANU A,RY , 1966, O. THE PURPOSE
OF SUBMITTING T11 THE QUALIFIED VOTERS OF SAID CITY , A NEW CITE`
CHASTER F[.r1L'a. SAID CITY.''
On motion by Welch, second Gisler., Resolution No. 2257 was passed
and adopted by the following roll call vote:
AYES- Councilmen: Welch, Gisler, Stewart, Sha.Pl Y
NOES; Councilmen; Lambert
ABSENT: Councilmen.- en.- None
On motion by Stewart, second Lambert, Resolution. No258 - "A
RESOLUTION ION OF' T11E CITY COUNCIL OF HUNTINGTON BEACH EXPRESSING THE
APPRECIATION OF THE CITY TO THE CITIZEN C1-1ARTER REVISION C0101ITTHH
FOR ITS SERVICES CONCERNING THE HR FOSEh CHARTER, P which had been
presented by the Clerk, was passed and adopted by the following
roll call vote
.AYES. Councilmen: Welch, Gisler, Stewart, Lambert, Shipley
NOES: Councilmen: None
ABSENT: Councilmen. None
n motion by Welch, seconded by Gisler, Resolution No. 2259 ® "A
RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH COMMENDING HARRY
C a WILLIAMSFOR HIS SERVICES ADVISING THE CITIZENS CHARTER REVISION
I O
CONE4ITT E, °} which had been presented by the Clerk, was passed bald
adopted by the following roll call. vote:
YES— Councilmen. Welch, Gisler, Stewart, Lambert, Shipley
NOES: Councilmen: atone
ABSENT: Councilmen: None
Mayor Shipley called for a. meeting of the Council as an informal
Committee -of -the -Whole for Monday, November 15, 1965, at 7:00 &M.
in the Council Chamber for a study session.
On motion by Lambert, second Welch, the regular adjourned meeting
4