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HomeMy WebLinkAboutCity Council - 3737 RESOLUTION NO. 3737 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 6, 1973 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AMENDMENTS TO THE CITY CHARTER PERTAIN- ING TO APPOINTMENT OF THE CITY ATTORNEY, CITY CLERK AND CITY TREASURER, AND CONSOLIDATING SAID ELECTION WITH THE SPECIAL STATEWIDE ELEC- TION 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 6, 1973 for the purpose of submitting to the qualified voters of said city amendments to the Charter of the City of Huntington Beach pertaining to appointment of the City Attorney, City Clerk and City Treasurer, 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 language substantially as shown in the box immediately following each such amendment : 1 . PROPOSED CHARTER AMENDMENT Sections 500, 501 and 503 of the Charter of the City of Huntington Beach are hereby amended by deleting all references to the City Attorney, and by amending Sections 703 and 707 to read as follows : 703 . CITY ATTORNEY. (1) Minimum Qualifications . To be eligible for appoint- ment as City Attorney, the person appointed shall be a member of the California State Bar for five (5) years preceding such appointment . (2) Primary Function. The City Attorney is the city ' s chief legal officer; represents and advises the City Council and all city officers in legal matters ; supervises, directs and is responsible for all activities of the City Attorney ' s office . ( 3) Principal Duties and Responsibilities . (a) To represent and advise the City Council and all city officers in all matters of law pertaining to their offices . (b ) Attends all regular meetings of the City Council; consults and gives legal advice or opinion orally or in writing when requested by the City Council, commissions , boards and offi- cers of the city . (c) Prosecutes on behalf of the people any or all criminal cases arising from violation of the provisions of the city Charter or city ordinances and such state misdemeanors as the city has power to prosecute , unless otherwise provided by the City Council. (d) Appears in trial and appellate courts , admin- tistrative boards and agencies; and in actions or proceedings in which the city is concerned or is a party . (e) Directs legal research and submits written legal opinions to the City Council, elected officials , the City Ad- ministrator, department heads and city boards , commissions and local government agencies . 2 . (f) Prepares any and all proposed ordinances and City Council resolutions and amendments thereto . (g) Drafts proposed legislation, ordinances , resolu tions, amendments thereto, and proceedings for issuance of general obligation and revenue bonds . (h) Drafts contracts , joint powers agreements and other legal documents . (i) Drafts pleadings and responsive pleadings in the commencement and prosecution of civil litigation in all trial and appellate courts . (j ) Represents and appears for the city in any or all actions or proceedings in which the city is concerned or is a party, and represents and appears for any city officer or em- ployee, or former city officer or employee, in any or all civil actions or proceedings in which such officer or employee is con- cerned or is a party for any act arising out of his employment or by reason of his official capacity. (k) Reviews for legality the sale or purchase of property . (1) Approves the form of all contracts , bonds and insurance in which the city or any officer or employee thereof, as such, is concerned, by endorsing his approval thereon in writing. (m) Performs such legal functions and duties incident to the execution of the foregoing duties as may be necessary . (n) Performs other such legal duties consistent with the city Charter as may be required of him by the City Council. ( 4) The elective incumbent whose office is made appointive under this Charter amendment shall continue to hold the office of City Attorney subject to the provisions of this Charter, but his compensation rights, retirement status , and other employment rights or privileges shall not be deemed to be changed, altered, or affected in any way by the adoption of this Charter amendment as long as he holds such office . (5) The City Attorney is included with full-time , perma- nent status in the personnel system and competitive service of the City of Huntington Beach . 707 . DIRECTOR OF PUBLIC WORKS . PLANNING DIRECTOR. POLICE CHIEF. FIRE CHIEF. CITY ATTORNEY. The Director of Public Works , 3• the Planning Director, the Police Chief, the Fire Chief, and the City Attorney shall be the heads of their respective de- partments , and these departments shall continue and remain separate departments . ' PROPOSED CHARTER AMENDMENT: ' City Charter Sections 500, ' 501, 503, 703 and 707 shall ' YES ' ' be amended to provide that ' the position of City ' Attorney shall be appointed ' by the City Administrator ' subject to the approval of ' NO ' ' the City Council. r 4 . PROPOSED CHARTER AMENDMENT Sections 500 , 501, 502 and 503 of the Charter of the City of Huntington Beach are hereby amended by deleting all references to the City Clerk, and by amending Sections 704 and 707 to read as follows : 704 . CITY CLERK. (1) Minimum Qualifications . To be eligible for appointment as City Clerk, the person appointed shall have a thorough know- ledge of office administration and management . (2) Primary Function. The City Clerk is responsible for recording and maintaining a full and true record of all pro- ceedings of the City Council in books that shall bear appro- priate titles and be devoted to such purpose . Conducts annex- ations and city elections . Administers oaths and takes affi- davits and depositions pertaining to the affairs and business of the city . (3) Principal Duties and Responsibilities . (a) Prepares minutes for each City Council meeting and certifies to their authenticity and correctness . (b ) Maintains separate books , in which shall be recorded respectively all ordinances and resolutions , with the certificate of the Clerk annexed to each thereof stating the same to be the original or a corrected copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with the Charter. (c) Maintains separate records of all written con- tracts and official bonds . (d) Keeps all books and records in his possession properly indexed and open to public inspection when not in actual use . (e) Acts as custodian of the city Seal . (f) Administers oaths or affirmations , takes affi- 5 . davits and depositions pertaining to the affairs and business of the city and certifies copies of official records . Issues subpoenas compelling the attendance of witnesses at city ad- ministrative hearings . (g) Acts as ex officio assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the state relative to the assessment of property and the collection of city taxes by county officers , or unless the City Council by ordinance provides otherwise . (h) Conducts all city elections which includes pro- viding for polling places and advising candidates of the require- ments of state election laws . (i) Interprets City Council and administrative poli- cies and procedures to the public and city employees . (j ) Performs other duties consistent with the city Charter as may be required by ordinance or resolution of the City Council. (k) Performs other related duties . (4) The elective incumbent whose office is made appointive under this Charter amendment shall continue to hold the office of City Clerk subject to the provisions of this Charter, but his compensation rights , retirement status , and other employ- ment rights or privileges shall not be deemed to be changed, altered, or affected in any way by the adoption of this Charter amendment as long as he holds such office . ( 5) The City Clerk is included with full-time, permanent status in the personnel system and competitive service of the City of Huntington Beach . 707 . DIRECTOR OF PUBLIC WORKS . PLANNING DIRECTOR. POLICE CHIEF. FIRE CHIEF. CITY CLERK. The Director of Public Works, the Planning Director, the Police Chief, the Fire Chief and the City Clerk shall be the heads of their respective departments , and these departments shall continue and remain separate de- partments . ' PROPOSED CHARTER AMENDMENT : ' City Charter Sections 500, ' YES ' ' 501, 502, 5033 704, and 707 ' shall be amended to provide ' that the position of City ' Clerk shall be appointed by ' the City Administrator sub- ' NO ' ' ject to the approval of the ' City Council. 6 . PROPOSED CHARTER AMENDMENT Sections 500, 501, 502 and 503 of the Charter of the City of Huntington Beach are hereby amended by deleting all references to the City Treasurer, and by amending Sections 705 and 707 to read as follows : 705 . CITY TREASURER. (1) Minimum Qualifications . To be eligible for appoint- ment as City Treasurer, the person appointed shall have a de- gree with a major in finance or accounting, and five (5) years of experience in an accounting, auditing or finance position, including investment experience, and must be bondable . (2) Primary Function. The City Treasurer is responsible for the receipt , custody and investment of all public funds under the control of the city . ( 3) Principal Duties and Responsibilities . (a) Receives on behalf of the city all taxes , as- sessments , license fees and other revenue from whatever source , and all monies collected for the use of the city or coming into the hands of any officer of the city . (b) The Treasurer is responsible for the safekeeping of funds in his custody and shall enter into any contract with a depository which in his judgment is to the public advantage . (c ) Pays out monies only upon proper orders or warrants in the manner provided for in this Charter. (d) Prepares and submits to the Director of Finance monthly written reports of all receipts, disbursements and fund balances , and shall file copies of such reports with the City Administrator and the City Council. (e) The Treasurer shall determine the amounts of money to be deposited as inactive and active deposits , except as otherwise provided. (f) The Treasurer, by City Council authority, shall assume full responsibility for the investment of surplus money 7 . in the treasury and shall make a monthly report of such trans- action to the legislative body . (g) The law imposes upon the Treasurer the obligation to maintain all special assessment records and to receive and disburse all funds as trustee for the bondholders . (h) Responsible for the appropriate distribution of all payroll and warrant checks . (i) Requires extensive analysis of future cash re- quirements and forecasts investments to meet these requirements . (j ) Analyzes and evaluates appropriate investment ventures for city funds, consistent with applicable law. (k) Provides detailed reports on the status of investments . (1) Performs economic research and studies rates of return, working capital and investments . (m) Requires extensive knowledge of money markets . (n) Must be knowledgeable as to legal limitations regarding investment of public funds . (o) Performs other related duties . (4) The elective incumbent whose office is made appoin- tive under this Charter amendment shall continue to hold the office of City Treasurer subject to the provisions of this Charter, but his compensation rights , retirement status , and other employment rights or privileges shall not be deemed to be changed, altered, or affected in any way by the adoption of this Charter amendment as long as he holds such office . (5) The City Treasurer is included with full-time , per- manent status in the personnel system and competitive service of the City of Huntington Beach . 707 . DIRECTOR OF PUBLIC WORKS. PLANNING DIRECTOR. POLICE CHIEF. FIRE CHIEF. CITY TREASURER. The Director of Public Works , the Planning Director, the Police Chief, the Fire Chief, and the City Treasurer shall be the heads of their respective departments , and these departments shall continue and remain separate departments . 8 . ' PROPOSED CHARTER AMENDMENT: ' City Charter Sections 500 , ' ' ' 501, 502, 503, 705 and 707 ' YES ' ' shall be amended to provide ' that the position of City ' Treasurer shall be ap- pointed by the City Admin- istrator subject to the ap- ' NO ' ' proval of the City Council . � T 1 9 . SECTION 2 . That the polls for said election shall be opened at 7 :00 a.m. of the day of said election and shall re- main open continuously from said time until 8 :00 p .m. of the same day when said � except polls shall be closed Provided p P as 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 provided by law 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 provided by law 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 con- solidated with the special statewide 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 the same as those provided for said special state-, wide election. The Board of Supervisors of Orange County is here- by requested to order the consolidation of the special municipal election hereby called with said special statewide election, and said Board of Supervisors is hereby authorized to canvass the returns of said special municipal election, and said election 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 special statewide 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 declare the results thereof. The propositions 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 5 . That notice of the time and place of holding 10 . said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 6 . That the City Clerk shall certify to the pas- sage 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 pro- ceedings 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 the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of August, 1973 • ATTEST: APPROVED AS TO FORM: • CSC%, �%t� City Clerk City Attor ey 11. Res. No. 3737 STATE OF CAIAFORNIA ) COUNTY OF ORANCF ) 5s: CITY OF HUNTINCTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 meeting thereof held on the 6th day of August 19 73 by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Shipley ABSTAIN: Councilmen: Coen City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California