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Home My WebLink AboutCity Council - 897 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIF OBNIA, SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE VOTERS OF THE CITY OF HUNITINGTOI`d BEACH, CALIFORNIA, FOR ADOPTION OR REJECTION, The City Council of the City of Huntington Beach, California, do resolve as follows: Section 1: That at the general election 'hats fore called to be held in the City of Huntington Beach, California, on the 14th day of April, 1042, there shall be submitted to the voters five certain amendments to the Charter of the City of Huntington Beach, California, designated as proposed charter amendments number 1, 21 31 4 and 5 respectively; which proposed charter amendments are hereunto annexed and made a wart hereof as if herein set out in full and designated ad Exhibit "A". Said charter amendments being entitled "Proposed Amendments to the charter of the City of Huntington Beach, California, u and each separate amendment being separately designated. Said proposed charter amendments shall be submitted under such propositions as hereinafter specifica-Ily set out. Section 2: That the proposed charter amendment Number 1 shall be submitted to said voters of said elec— tion for adoption or rejection under the following pro— position: l Reso. 897 PROPOSITION NO. 1 $hall the proposed charter amendment : YES Number 1 Providing for the amendment t of Section 3 of Article V be adopted? : • s ♦ NO Section 3: That the proposed charter amendment Nkr.ber 2 shall be submitted to said voters of said election for adoption or rejection under the following proposition: PROPOSITION NO. 2 Shall the proposed charter amendment YES Number 2 providing for the amendment : of Section 11 of Article VII be i adopted? NO Section 4: That the proposed charter amenwnent Number 3 shall be submitted to said voters of said election for adoption or rejection under the following proposition: PROPOSITION N 0. 3 Shall the proposed charter amendment YES Number 3 creating and adding to Article VII of said charter a new Section to be known as Section 18, providing for the filling of vacancies in elective : NO office be adopted? : 2 Reso. 897 Section 5: That the proposed charter amendment Number 4 shall be submitted to said voters of said election for adoption or rejection under the following proposition: PROPOSITION NO. 4 Shall the proposed charter amendment YES ; Number 4 providing for the amendment ; of Section 1, 2 and 3 of Article X be adopted? NO ; • : Section 6: That the proposed charter amendment Number 5 shall be submitted to said voters of s.-.id election for adoption or rejection under the following proposition: PROPOSITION NO, 5 Shall the proposed charter amendment YES Number 5 providing for the amendment of Section 3 of Article XI be adopted? i • IN O PASSED AND ADOPTED by the City 'Council of the City of Huntington Beach, California, at a _ roc gular adjourned meeting thereof held on the , 2th day of Marsh , 1942. ATT "T: DR ity C erk 3 Reso. 897 STATE OF CALIFORNIA } County of Orange ) SS City of Huntington Beach ) I, C. R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, and ex-officio Clerk of the City Council of said City, do here'Dy certify that the thole number of members of the City Council of the City of Huntington Beach is five; that the foregoing Resolution was passed and adopted 'by the affirmative vote of more than a majority of the members of said City Council at a - lar adjourned meeting of the City Council held on the nth day of March , 1942. AYES: Councilmen:Henrioksnn-Tay ®r -Morehouse,McOallen NOES: Councilmen: None ABSENT : Council-men: G4rable City Clerk and x-officio Clerk of the City Council of the City of Huntington Beach, California. 4 Reso.897 PROPOSED AMEv'D1,10TTS TO THE CHARTED OF THE CITY OF HU TINGTON BEACH, CALIFORTIA. PROPOSED CHARTER AMENDMENT NO, 1 That Section 3 of Article V of the city charter be amended to read as follows: ARTICLE V Section. 3: Meetings. The City Council shall meet at their usual place of meeting, on the Monday next suc— ceeding the gate of the general municipal election to canvass the returns and install the newly elected officers. Each newly* elected member of the City Council before entering upon his duties shall take the oath of office. At said meeting the City Council shall choose one of its number to be Mayor. The City Council shall hold regular meetings at least once in each month at such times as it shall fix by - ordinance or resolution and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all Durposes. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a regular meeting for all purposes. Special meetings may be called at any time by the Mayor, or by three (3) members of the City Council, by 1 Exhibit "AN Reso. 897 written notice delivered personally to each member at least three (3) hours before the time specified for the proposed meeting; provided, however, that any special meeting of the City Council shall be a validly called special meeting, without the giving of such written notice, as above provided, if all members of the City Council shall give their consent in writing to the holding of such meeting, and ,such consent is on file in the office of the City Clerk at the time of holding such meeting. A tele- graphic communication from a councilman consenting to the holding of the meeting shall be deemed to be a consent in writing, rithin the meaning of the terms as expressed in the foregoing sentence. At any special meeting the power of the City Council to transact business shall be limited to matters referred to in such written notice or written consent; all meetings of the City Council shall be held within the corporate limits of the City at such place as May be designated by ordinance and shall be uublicw In the event that any order of adjournment of a regular meeting fails to sta,`e the hour at which any adjourn— ed meeting is to be held, such adjourned meeting may be validly held on t he day specified in the order of adjourn�1 ment if held at the hour set forth in the ordinance or resolution prescribing the time for regular meetings. 2 Exhibit "An Reso. 897 PROPOSED CHARTER_ AMIEN2 DMENT NO* 2 That Section 11 of Article VII of the city charter be &-wended to read as follows: ARTICLE VII Section 11: wualification of appointive officers anO. those appointed to fill vacancies in elective offices: Except as otherwise provided in this charter, all officers of the City shall have been a resident and elector of the City of Huntington Beach for at lea4 one year next preced-. ing his apD ointment to office or appointment to fill a vacancy in an elective office, provided, however, that this section shall be inoperative if .'it shall be determined by the vote of at least four of the City Council that there . is riot a person with such a length of residence who is otherwise qualified for and acceptable to the City Council for appoint— ment to fi11 said office and who will accept the same. PROPOSED CHARTER AMENDIMENT NO, 3 That a new section be added to Article VII of the city charter, to be known as Section la, which will read as follo;ws: ARTICLE VII Section 18: In case of a vacancy in any elective or appointive office, and there is no express provision in this charter for the filling; of same, such vacancy shall be filled by appointment by the City Council; provided, that any person ap?pointed to fill a vacancy in any elective office 3 Exhibit "All Reso. 897 shall hold office until the next general municipal election, at which date a successor shall be elected to serve for the remainder of such unexpired term. PROPOSED CHARTER AMENDMENT NO. 4 That Sections 1, 2 and 3 of Article X of the city charter be amended to read as follows: ARTICLE X Section 1: In any project for the erection, improvement end repair of public buildings and works; in all work in or about streams, bays, or water fronts, or in or about embankments, or other works for protection against overflow; in all street or sewer work exclusive of maintenance or repair; and in the furnishing of any supplies or materials for any such nro,ject ;inclusive of projects for maintenance or repair of streets or sewers, when the total expenditures required for the same exceed the sum of one thousand dollars ($1,000) , the same shall be done by contract and shall be let to the lowest respon- sible bidder, after notice which shall consist of the pub- lication of a notice inviting bids by two or more insertions thereof, not less than five days apart, in a newsAaper of general circulation, printed and published in such city, which publication shall be commenced not less than 10 days prior to the date set in the notice for the opening of bids. Such notice shall distinctly and specifically state the 4 Exhibit "A 0 Reso. 897 r'ork contemplated to be done; provided, that the City Council may reject any and all bids presented and readvertise, in its discretion, and if any two or more bids are the same and are the lowest bids received, the Council may accept which ever one it chooses; provided further, after reject— ing 'aids, the City Council may declare and determine by a four—fifths vote of all its members that in its opinion the work in question may be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market, and a fter the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section; and provided further, that in case of a great public calamity su^h as an extraor— dinary fire, flood, storm, epidemic or other disaster, or In the doing of emergency work deemed necessary in pre. paration for National or Local Defense, the V'ity Council may, by resolution passed by vote of four-fifths of all its members declare and determine that public interest and necessity demand the immedlvte expenditure of public money to safeguard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. Section 2; In the event that there is more than one newspaper of general circulation printed and published in such city the City Council shall, annually, prior to the 5 Exhibit bail Reso.897 I I beginning of each fiscal year, publish a notice inviting bids, and contract for the publication of all legal notices I required to be published in a newspaper in said city. Said contract shall include the printing and publishing of all such legal notices during the ensuing fiscal year. In the event there is only one newspaper of general circulation printed and u.blished in said city, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for aids therefor, Section 3: Nothing in this Article contained shall be construed as applicable to work or materials, or supplies to be paid for by special assessment on property benefited thereby, but in all such cases the particular laws applicable thereto shall be observed, otherwise the provisions of this article shall be followed: PROPOSED CHARTER AMEP?DUENT NO. 5 That Section 3 of Article XI of the city charter be amended to read as follows: ARTICLE XI Section 3: Special Takes and Bonds: Whenever the City Council shall determine that the public interest demands an expenditure for municipal purposes which cannot be provided for out of the ordinary revenue of the City, it may submit to the qualified voters at, , a regular or 6 Exhibit "All Reso. 897 special election, a proposition to provide for such expenditure, either by levying a special tax, or by issu- ing bonds, but no such special tax shall be levied nor any such bonds issued, unless authorized by the affirmative votes of two-thirds of the electors voting at such election. No; . bonds shall be issued to meet current expenses. The proceedings for the voting and issuing of bonds of the City shall be had in such a manner and form and under such conditions and limitations of indebtedness as shall i be ,orovided from time to time by general laws. 7 Exhibit "A"