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HomeMy WebLinkAboutCity Council - 3209 RESOLUTION NO. 3209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 3, 1970, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY VARIOUS AMENDMENTS TO THE CITY CHARTER AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. The City Council of the City of Huntington Beach, California, does hereby resolve, declare, 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 3, 1970, for the purpose of submitting to the qualified voters of said city various amendments to the City Charter of the City of Huntington Beach which said amendments shall be as follows and that on the ballots to be used at said special election, in addition to any other matter required by law, there shall be printed substantially as shown in the box immediately following each such amendment : 1. PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by repealing Sections 706 , 707 , 804 , 806 , 807 and 808 , by repealing Section 504 effective on the date of the mayoral municipal election held in April, 1971 , except that said Section 504 shall survive thereafter for the purposes of Subsection (j ) of Section 500 .1 only; and by amending Sections 502 , 700 and 702 ; and by adding Sections 500 .1 . , 500 . 2 . , 501 . 1 . , 700 . 1 . , 702 .1 . , 800 , 802 and 803 to read as follows : 500 . 1 MAYOR. Any provision of this Charter to the contrary notwithstanding : (a) A mayor of the city shall be elected from the city at large at a mayoral municipal election to be held on the third Tuesday in April, 1971, and each fourth year thereafter . The mayor shall serve for a term of four years and until his successor qualifies . The term of the mayor shall commence the Monday following his election. (b ) No person shall be eligible to hold office as mayor of the city unless he is and shall have been a resident and registered voter of the city for at least two years next preceding the date of his election as mayor . (c) The mayor shall not be one of the members of the City Council . The mayor shall have the right to vote as though he were a member of Council only in the absence of any member of Council or when any member of Council abstains or is disqualified from voting. When the mayor votes pur- suant to this subsection, such vote shall be counted as though cast by a member of Council, for all purposes . (d) An incumbent member of the City Council is eligible to run for the office of mayor and in the event he is unsuccessful, his term as incumbent Councilman is not thereby shortened; in the event he is successful and is elected mayor, his council seat shall become vacant upon the 2 . commencement of his term as mayor and shall be filled by the Council as provided in Section 503 of this Charter . (e) The candidate for the office of mayor who has a majority of the votes cast for the office of mayor, shall be elected to such office . In the event no candidate for the office of mayor has a majority vote , a special election shall be called and held not less than sixty (60) days nor more than ninety ( 90) days after the mayoral municipal election for the purpose of electing the mayor from the two candidates who received the highest number of votes cast for such office . (f) The mayor shall receive compensation for his services as such commensurate with his attention to his duties , in an amount to be fixed from time to time by ordinance by a vote of two-thirds of the members of Council after duly noticed public hearing . In addition to such compensation, the Council may authorize by a vote of two-thirds of the members of Council reimbursement to the mayor of actual and necessary expenses incurred in the performance of his official duty . The mayor elected under the provisions of this section shall not vote on any ordinance fixing the mayor ' s compensa- tion, or on any Council action concerning reimbursement for actual and necessary expenses . (g) A vacancy in the office of mayor from whatever cause arising shall be filled by appointment by the City Council such appointee to hold office until the first Monday following the next general, special or mayoral election (whichever first occurs) , at which it shall be procedurally possible to place the matter on the ballot , when a mayor shall be elected, and until his successors qualifies . Such successor shall be elected to serve for the remainder of any unexpired term. (h) If the mayor absents himself from his duties or all regular meetings of the City Council for a period of thirty (30) days , consecutively from and after the last regular City Council meeting attended by the mayor , unless by permission of the City Council expressed in its official 3 . minutes, or is convicted of a felony or a crime involving moral turpitude, or ceases to be a resident and registered voter of the city, his office shall become vacant . The City Council shall declare the existence of any such vacancy . (i) At the first regular, special or adjourned Council meeting following the election of mayor, the City Council shall designate one of its members as vice mayor who shall serve in such capacity at the pleasure of the City Council. The vice mayor shall perform the duties of the mayor during his absence or disability . In addition to his compensation as a member of the Council the vice mayor shall receive compensation for the performance of his duties as such in the absence or disability of the mayor as may be fixed from time to time by ordinance by a vote of two-thirds of the members of Council. In addition to such additional compensation, the Council may authorize by a vote of two-thirds of the members of Council reimbursement to the vice mayor of actual and necessary expenses incurred in the performance of his official duty as vice mayor. In no event shall the total compensation received by the vice mayor as member of the Council and vice mayor exceed the compensation of the mayor. The vice mayor shall not vote on any ordinance fixing his compensation as vice mayor or on any Council action concerning reimbursement for actual and necessary expenses incurred as vice mayor. (j ) In the event no person, eligible under this Charter, is elected full-time mayor pursuant to this section, or no eligible person accepts appointment to the office of full-time mayor to fill a vacancy under Subsection (g) hereof, a part-time mayor shall be appointed by the Council from among its members in the manner and pursuant to the procedure set forth in Section 504 of this Charter which shall survive for the purposes of this subsection only . Such part-time mayor shall serve until such time as an eligible person accepts appointment to the office of full-time mayor, but not longer 4 . than the next mayoral, special or general municipal election, whichever first occurs , at which it is procedurally possible to place the matter on the ballot, when a mayor shall be elected as provided in this section for the unexpired term. The voting limitation on the mayor expressed in Sub- section (c) of this section shall not apply to a part-time mayor appointed by Council under this Subsection (j ) . The appointment of a part-time mayor under this Subsection (j ) shall not create a vacancy in Council and the status of such part-time mayor as a member of the Council shall not be altered . SECTION 500 . 2 . POWERS AND DUTIES OF MAYOR. The mayor shall serve as the political and ceremonial head of the city . He shall devote full time to the duties of his office and he shall hold no other occupation during his term of office . He shall have the primary, but not the exclusive responsibility for interpreting the policies , programs and needs of the city government to the people, and as occasion requires , he may inform the people of any major changes in the policy or programs . Although he is not a member of City Council , he shall serve as the chairman of the City Council meetings . Unless otherwise directed by the Council, he may represent the city before legislative bodies and committees , when necessary in the best interest of the city . In addition to the foregoing, the mayor shall perform such duties not incon- sistent with this Charter as may be provided by ordinance . The mayor shall not interfere with the City Administrator or the city departments . Except as otherwise provided in this Charter, the mayor shall not order, directly or indirectly , the appointment by the City Administrator or 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, the mayor shall not deal with the administrative service under the jurisdiction of the City Administrator except through the City Administrator, and the mayor shall not give orders to any subordinate of the City Administrator , either publicly or privately . 5 . SECTION 501 .1 . No person shall serve more than two con- secutive terms as mayor of the city . The term "mayor" as used in this Section does not include "mayor" as the term is used in Section 504 of this Charter . For the purpose of this Section, any "mayor" under Section 504 of this Charter shall be considered a member of the Council only . SECTION 502 . COMPENSATION. The members of the City Council shall receive compensation for their services as shall be from time to time fixed by ordinance by vote of two-thirds of the members of the Council following duly noticed public hearing. In addition to the foregoing, City Councilmen may be reimbursed for actual and necessary expenses incurred in the performance of official duty by approval of the Council by a vote of two-thirds of the members of Council . The City Clerk, City Treasurer and City Attorney shall each receive compensation for his services as shall be fixed from time to time by resolution . SECTION 700 . In addition to the City Council, a city attorney, a city clerk, a city treasurer, and a city administrator, the officers and employees of the city shall be provided for by ordinance or resolution. SECTION 700 . 1 . CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES . The present officers and employees of the city shall continue without interruption to perform the duties of their respective offices and employments upon the same terms and conditions and for the compensation provided by the existing ordinances , resolutions , rules or laws , but subject to such removal , amendment and control as is provided or permitted in this Charter, until the effective dates of ordinances providing for such officers and employees in accordance with Section 700 of this Charter . 6 . SECTION 702 . ADMINISTRATIVE DEPARTMENTS . The City Council shall provide by ordinance, not inconsistent with this charter, for the organization, conduct and operation of the several offices and departments of the city by providing by ordinance , not inconsistent with this charter, for the creation of such departments , divisions , offices and agencies , and for their consolidation, alteration or abolition. It may further provide , by ordinance not inconsistent with this Charter, for the assignment and reassignment of functions , duties , offices and agencies , to offices and departments , and for the numbers , titles , qualifications , powers , duties and compensation of all officers and employees consistent with this charter. Each department so created shall be headed by an officer as department head . When the positions are not incompatible , the City Council may combine in one person, the powers and duties of two or more officers, provided, however, that the same person shall not hold the position of city treasurer and director of finance . SECTION 702 . 1 . CONTINUANCE OF PRESENT ORGANIZATION. The present departments , divisions , offices and agencies of the city, shall continue without interruption until the effective date of the ordinances which shall be enacted pursuant to Section 702 of this Charter. 7 • SECTION 800 . IN GENERAL . The City Council shall, by ordinance not inconsistent with this Charter, provide for the creation and establishment of advisory boards , agencies, commissions and committees and for the functions , powers and duties thereof. The City Council may , by ordinance not inconsistent with this charter, abolish, consolidate, modify or separate any such agency, board, commission or committee and may assign, reassign or modify any functions , powers or duties . The City Council may specify the number of members thereof, their terms and manner of appointment and discharge . The City Council shall create by ordinance, not inconsistent with this Charter, any board, commission, agency or committee required by state law, applicable to charter cities . SECTION 802 . APPOINTMENT. TERMS . The members of each of the boards, commissions , agencies or committees created by ordinance, pursuant to this Charter, 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 employ- ment in the city government . They shall be subject to removal by motion of the City Council, adopted by the affirmative votes of a majority 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 shall be staggered so that the number of terms in any such board or commission expiring in any year, shall not differ by more than one from the number of terms expiring in any other year. Such terms shall expire on June 30 of the appropriate year. A vacancy occuring before the expiration of the term, shall be filled by appointment for the remainder of the unexpired term. 8 . SECTION 803 . EXISTING BOARDS AND MEMBERS . Existing boards , commissions , agencies and committees and the members thereof, when this section takes effect , shall continue in existence and shall continue to hold office until the effec- tive date of the ordinances which shall be adopted by the City Council pursuant to Section 800 and 802 hereof. r r r , ' Shall the Charter be amended to ' provide for an elective mayor, ' and that all departments , boards ' and commissions be established by ' YES ' ordinance , and requiring compensa- ' ' ' ' tion for councilmen be set by r ' public hearing and ordinance? ' + r I r r r r r r NO + r r r + r r r + r r r 9 • PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Section 1211 to read as follows : 11 . Section 1211 . CONTRACTS ON PUBLIC WORKS . Except as hereinafter expressly provided, every contract involving an expenditure of more than Ten Thousand Dollars ( $10 ,000) for the construction or improvement (excluding maintenance and repair) of public buildings , works , streets , drains , sewers , utilities , parks and playgrounds , and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Ten Thousand Dollars ( $10,000) , shall be let to the lowest responsible bidder after notice by publication in the official newspaper by two or more insertions , the first of which shall be at least ten days before the time for opening bids . The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids , or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ( $10 ,000) , the City Council may declare and determine that in its opinion, the work in question may be performed better or more economically by the City with its own employees , or that the materials or supplies may be purchased at a lower price in the open market , and after the adoption of a resolution to this effect by the affirmative votes of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further obser- vance of the provisions of this section. Such contracts may be let and such purchases made without advertising for bids 10 . if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life , health, or property, and shall be authorized by the affirmative votes of at least two-thirds of the total members of the City Council . Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council . r r r r ' Shall the Charter be amended to ' ' ' ' require public works contracts ' involving more than $10 ,000 be let ' to the lowest responsible bidder ' YES ' except under specified conditions? r r r r r r r r r r r r r r NO r r r r r r r r r r r r r r 11, PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Section 1209 to read as follows : Section 1209 . BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors , t t t e ' Shall the Charter be amended to ' t t t authorize general obligation bonds ' t t t upon the affirmative votes of the t t t t majority required by law of the t YES t t t electors voting on the bond t t t t proposition? t t t t t NO t t t t t t t t t t t t t t t t t t t t t t 12 PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Sections 500 , 503 and 504 to substitute the word Monday for the word Tuesday wherever the word Tuesday appears in such sections , and by adding to the Charter Sections 1302 .1, 1304 and 1305 to read as follows : SECTION 1302 . 1 CANVASSING OF BALLOTS . The City Council shall meet at its usual place of meeting at a regular, special or adjourned meeting, the Monday following the election, to receive the canvass of the returns and to install the newly elected officers . Any provision of the Charter inconsistent herewith is hereby repealed . SECTION 1304 . FILING FEE. A filing fee in the amount of $100 shall be paid to the City Clerk at the time forms for nomination papers are obtained from said Clerk for any elective position. Said Clerk shall not deliver any nomination papers to any person until said fee is paid . No part of such fee shall be refundable . SECTION 1305 . NOMINATION PAPERS . Nomination papers for candidates for elective municipal office must be signed by fifty electors of the city . r r r r ' Shall the Charter be amended to ' permit the receipt of the canvass r r r ' of ballots on the Monday following ' the election, to require candidates ' YES ' ' ' for elective office to pay a fee ' of $100 for filing nomination papers ' and to require nomination papers to ' be signed by fifty electors? r r r r ' ' NO r r t r r r r r t r 13 . Section 2 . That the polls for said election shall be opened at seven o ' clock a.m. of the day of said election and shall remain open continuously from said time until eight o ' clock 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 3 . 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 4 . That the special election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with the statewide general election to be held on said date , and within said city the precincts , polling places and officers of election for the special municipal election hereby called shall be in the same as those provided for said statewide general election. 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 canvass 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 , the ballots used at said general election, shall be used . Said Board of Super- visors 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 declare 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 . 4, Section 5 . That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or addi- tional notice of said election in time, form and manner as required by law. Section 6 . That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of said City , in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED by thgd�ou*n�8uncil of the City of Huntington Beach at a regular/meetin thereof held on the 18th day of August 1970 • Mayor Pro Tem AT T: City C13rk APPROVED AS TO FORM: City Attorne 75 . Res. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 18th day of August , 1930 _, by the following vote : AYES: Councilmen: Green., :Bartlett, . McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs , Shipley City C erk an fficio Clerk of the City Co ncil of the City of Huntington Beach, California 16.