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HomeMy WebLinkAboutCity Council - 2821 RESOLUTION NO. 2821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING, CALLING, PRO- VIDING FOR AND GIVING NOTICE OF A SPECIAL MU- NICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 5, 1968 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN AMEND- mENT TO THE CHARTER OF SAID CITY CONCERNING THE APPOINTMENT OF THE CITY ATTORNEY BY THE CITY COUNCIL, AND REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE SUCH SPECIAL MUNICIPAL ELECTION WITH THE STATE- WIDE, GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 1968 PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Huntington Beach did on the 26 day of August, 1968 pass and adopt Resolution No. 2820_, calling for a proposition to the voters at a, special municipal election for the adoption of an amendment to the charter to provide that the City Attorney be appointed by the City Council; and It is desirable that said special municipal election be consolidated with the statewide, general election to be held on November 5, 1968, and that within the City of Huntington Beach the precincts, polling places and election officers of the two elections be the same, and that the Board of Supervisors of the County of Orange canvass the returns of the special municipal election and that said statewide, general election and special municipal election be held in all respects as if there were only one election, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON 1. BEACH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1. That a, special election be held and the same is hereby called to be held in said city on November 5, 1968 for the purpose of submitting to the qualified voters of said city a, charter amendment hereinafter set forth relating to the appointment of the City Attorney by the City Council. SECTION 2. That the charter amendment submitted to the voters shall be as follows : Sections 500, 501 and 503 of the Charter of the City of Huntington Beach are hereby amended by deleting therefrom all reference to the City Attorney, and by adding Section 703 .1 to said Charter to read as follows : 703. 1. CITY ATTORNEY. APPOINTMENT AND REMOVAL. (a) The City Attorney shall be the chief legal officer of the city and head of the legal department, and as such he shall have full control and supervision of the legal department . The City Attorney shall not be a, member of the administrative branch of the city government, and he shall be independent of the author- ity of the City Administrator. (b) The City Attorney shall take his instructions directly from the City Council and shall be responsible directly to the City Council. (c) The City Council shall appoint the City Attorney who shall serve at the pleasure of the City Council and may be re- moved by the City Council only at a regular meeting thereof, 2. and upon the affirmative vote of at least five (5) members of the City Council, or by recall of the people, as herein- after provided. (d) Thirty (30) days prior to the time vote is taken by the City Council on removal of the City Attorney, the City Council shall cause written notice of its intention to take such vote to be served upon the City Attorney, and upon writ- ten request therefor, filed with the City Council by the City Attorney within ten (10) days after service upon him of such notice, the City Council shall set the matter for public hear- ing prior to the time such vote is taken. (e) For the purpose of this section, recall of the City Attorney shall be governed by Chapter 3, Division 14 of the Elections Code of the State of California,, as the same now exists and not as hereafter may be amended, except that Sections 275023 27516, 27518 and 27519 of said Elections Code, as such sections now exist and not as hereafter may be amended, shall not apply. (f) The power of the City Council to remove the City Attorney shall be suspended from and after the filing of a, notice of intention to circulate a, recall petition and con- tinuing until, in the event a, recall election is held, ninety (90) days after the next succeeding general municipal election, or in the event a, recall election is not held, ninety (90) days after the City Clerk certifies the insufficiency of the recall 3• petition or supplemental petition, or ninety (90) days after the recall petition becomes void by reason of its not being timely filed. (g) The City Attorney shall not be required to be a, resi- dent of the City of Huntington Beach at the time of his appoint- ment . (h) The City Attorney shall receive compensation for his services as such to be fixed from time to time by the City Council by resolution. (i) Subject to the provisions of this Charter, the incum- bent City Attorney in office at the time this section takes effect shall continue in office until the expiration of his current term and thereafter until removed as provided in this section. Retirement status and other rights and privileges granted to the incumbent City Attorney by virtue of his appoint- ment to such office shall not be changed, altered or affected in any way by the adoption of this section as long as he holds such office. (j ) The City Attorney shall appoint or employ, and may discharge, all legal department staff and personnel, subject to Article X of this Charter and the implementing personnel ordin- ance and resolutions, except that in the administration of such personnel ordinance and resolutions, with respect to the legal department, the City Attorney shall substitute for the City Administrator, SECTION 3 . That the polls for said election shall be opened at 7:00 a .m. of the day of said election and shall 4. remain open continuously from that time until 8:00 p .m. of the same day, when said polls shall be closed, except as pro- vided in Section 14436 of the Elections Code of the State of California. SECTION 4. That the ballots to be used at said special election, in addition to any other matters required by law, shall be printed substantially as follows : SHALL THE PROPOSED AMENDMENT TO THE CITY CHARTER BE ADOPTED DELETING FROM _SECTIONS 500, 501 and 503 ALL REFERENCE YES TO THE CITY ATTORNEY, AND ADDING SECTION 703.1 THERETO TO PROVIDE FOR THE APPOINT- MENT OF THE CITY ATTORNEY BY THE CITY COUNCIL, AND REMOVAL OF THE CITY ATTORNEY NO BY THE CITY COUNCIL OR BY RECALL BY THE PEOPLE? SECTION 5. That a, cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. SECTION 6. The Board of Supervisors of Orange County is hereby requested to order the consolidation of the special municipal election hereby called with said statewide, general election, and said Board of Supervisors is hereby authorized to ca,nva,ss the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot, namely, 5• the ballots used at said general election shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said special municipal election to the City Council of said city which shall thereafter de- clare the results thereof. A proposition submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code . SECTION 7. Said Board of Supervisors is hereby request- ed Y q ed to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 8. The City of Huntington Beach recognizes that additional costs will be incurred by the county by reason of this consolidation and agrees to reimburse the county for such costs and the city further recognizes the additional work occasioned for the election officials and is willing to make such arrangements as are deemed appropriate by the Board of Supervisors for providing additional compensation to the election officials . SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution; that he shall enter same in the book of original resolutions of said city; and shall make a, minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, 6. in the minutes of the meeting at which same is passed and adopted. SECTION 10. That the City Clerk of the City of Huntington Beach is hereby directed to file a, certified copy of this reso- lution with the Board of Supervisors and the Clerk of the County of Orange. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 26th day of August, 1968. a'yor ATTEST: City erk APPROVED AS TO FORM: r i y orn.ey, LI 7. Res. No. 1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : 3 CITY OF HUNTINGTON BEACH ) 4 I , PAUL C. JONES, the duly elected, qualified and 5 acting City Clerk of the City of Huntington Beach, and ex- 6 officio Clerk of the City Council of said City, do hereby 7 certify that the whole number of members of the City Council 8 of the City of Huntington Beach is seven; that the foregoing 9 resolution was passed and adopted by the affirmative vote of 10 more than a majority of all the members of said City Council 11 at a regular adjourned meeting thereof held on the 26t 12 day of August , 19 68 , by the following vote: 13 14 AYES: Councilmen: 15 Bartlett, McCracken, Kaufman, Matney, Green, Coen 16 NOES: Councilmen: 17 None 18 ABSENT: Councilmen: 19 Shipley 20 21 City Clerk an -officio Clerk 22 of the City Council of the City of Huntington Beach, California 23 24 25 26 27 28 29. 30