HomeMy WebLinkAboutCity Council - 6726 RESOLUTION NO. 6726
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR
SUBMISSION TO THE VOTERS MEASURES PROPOSED
BY THE LEGISLATIVE BODY, RELATING TO
THE AMENDMENT OF THE CITY CHARTER,
TO PROVIDE FOR THE APPOINTMENT OF
THE CITY ATTORNEY AND/OR THE CITY TREASURER
AND THE ADVISORY QUESTION OF WHETHER
TO FORM A CITY-WIDE ASSESSMENT DISTRICT IN ORDER TO
FUND PARKS AND OTHER RECREATIONAL FACILITIES
WHEREAS, under the provisions of the City Charter, a Special Municipal Election shall
be held on March 26, 1996, for the purpose of submitting to the voters two charter amendments
and an advisory measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the provisions of the City Charter, there is called and
ordered to be held in the City of Huntington Beach on Tuesday, March 26, 1996, a Special
Municipal Election for the purpose of submitting to the voters questions relating to the
amendment of the City Charter to provide for the appointment of the City Attorney and/or the
City Treasurer and the advisory question of whether to form a city-wide assessment district in
order to fund parks and other recreational facilities.
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Section 2. 'That the City Council, pursuant to its right and authority, does submit to
the voters at the Special Municipal Election the following questions_
"Shall proposed Charter Amendment No. 1,
amending Sections 300 and 311 of the Charter of the Yes
City of Huntington Beach changing the City
Treasurer from an elective office to a position
screened by a citizens' committee and appointed by No
the City Administrator with the approval of the City
Council, be approved?"
"Shall proposed Charter Amendment No. 2,
amending Sections 300 and 309 of the Charter of the Yes
City of Huntington Beach changing the City Attorney
from an elective office to a position screened by a
citizens' committee and appointed by the City No
Administrator with the approval of the City Council,
be approved?"
"ADVISORY VOTE ONLY. Should City of
Huntington Beach acquire, develop, improve,
maintain sports fields for soccer, football, softball, Yes
baseball, and other sports; replace restrooms,
bicycle/pedestrian trails, lighting, and showers on city
beach; acquire senior center site; develop swim
complex, and improve neighborhood parks and tot
lots by establishing a citywide assessment district not
to exceed thirty years or a cost of.
$12 annually per mobile home unit No
$24 annually per apartment unit
$36 annually per residential, commercial and
industrial unit?"
Section 3. That the proposed charter amendments submitted to the voters are
attached hereto as Exhibit "A" and incorporated herein as if fully set forth.
Section 4. That the ballots to be used at the election shall be in the form and content
as required by law.
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Section 5. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 6. That the polls for the election shall be open at seven o'clock(7:00) a.m. of
the day of the election and shall remain open continuously from that time until eight o'clock
(8:00) p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of
the Elections Code of the State of California.
Section 7. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 8. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Section 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 4t, day of near , 1995_
IJGC , +
Mayor
ATTEST: APPROVED AS TO FORM:
LOICity er City Attorney
WED AND APPROVED
ty Administra or
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EXHIBIT A
Section 1. The following amendments to the Charter of the City of Huntington Beach are hereby
proposed to be submitted to the qualified electors of the City of Huntington Beach for ratification
and adoption at the special municipal election to be held in said City on March 26, 1996. Each of
the following proposed amendments shall be submitted as a separate proposition. The proposed
amendments are hereby enumerated to read as follows:
PROPOSED CHARTER AMENDMENT NO. 1
Section 300 of the Charter of the City of Huntington Beach is hereby amended to read as follows:
Section 300. CITY COUNCIL, ATTORNEY, AND CLERK AND TREASURE
TERMS_ The elective officers of the City shall consist of a City Council of seven
members, a City Clerk, a City T-reasu 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 years and until their respective successors qualify.
Subject to the provisions of this Charter,the members of 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. Four members of the City
Council shall be elected at the general municipal election held in 1966, and each fourth
year thereafter. Three members of the City Council shall be elected at the general
municipal election held in 1968, and each fourth year thereafter. No person shall be
elected as a member of the City Council for more than two consecutive terms and no
person who has been a member for more than two years of a term to which some other
person was elected a member shall be elected to the City Council more than one further
consecutive term.
Subject to the provisions of this Charter,the City Clerk, Ck T+ea ufff and City Attorney
in office at the time this Charter takes effect shall continue in office until the expiration of
their respective terms and the qualification of their successors. A City Clerk and G `
shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council,the City Clerk, and the
City Attorney shall commence on the first Monday following his election. Ties in voting
among candidates for office shall be settled by the casting of lots.
Section 311 of the Charter of the City of Huntington Beach is hereby amended to read as follows:
Section 311. CITY TREASURER. POWERS AND DUTIES. The City Treasurer
shall be appointed or removed by the City Administrator, with the
approval of the City Council, pursuant to Section 441(a) of the City
Charter. The City Treasurer shall have the power and shall be required to:
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(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City,or for the collection of which the City is responsible, and receive all taxes or
other money receivable by the City from the County, State or Federal governments, or
from any court, or from any office, department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be
deposited all funds coming into his or her hands in such depository as may be
designated by resolution of the City Council, or, if no such resolution be adopted,then
in such depository designated in writing by the City Administrator, and in compliance
with all of the provisions of the State Constitution and laws of the State governing the
handling, depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this
Charter.
(d) Prepare and submit 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 City Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance
or resolution of the City Council,
The City Treasurer may, subject to the approval of the City Council, appoint such deputy
or deputies to assist hint or act for him or her, at such salaries or compensation as the
Council may by ordinance or resolution prescribe.
The minimum qualifications for the position of City Treasurer shall be a combination of
education and experience in an area relative to fiscal management-to include the
following:
1. Bachelor's degree in Business Administration, Accounting, Public
Administration, or a related field;
2. Six years professional experience in government or private sector
financial management, to include responsibility for the investment
and protection of funds;
3. Extensive management experience in making the receipt,
disbursement, banking, protection and custody of funds, securities
and financial investments.
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The selection process for the City Treasurer shall include the following:
Applicants for City Treasurer shall be reviewed by a screening committee at
least one half of which shall be made up of citizens who are registered voters
in the City of Huntington Beach and the balance of the committee shall be
persons with current municipal investment experience.
The City Administrator shall appoint the Treasurer from candidates
recommended by the screening committee, subject to approval by a majority
vote of the City Council.
PROPOSED CHARTER AMENDMENT NO. 2
Section 300 of the Charter of the City of Huntington Beach is hereby amended to read as
follows:
Section 300. CITY COUNCIL, ATTARNE Y, CLERK AND TREASURER.
TERMS. The elective officers of the City shall consist of a City Council of seven
members, a City Clerk, and a City Treasurer ands 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 years and until their respective successors qualify.
Subject to the provisions of this Charter, the members of 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. Four
members of the City Council shall be elected at the general municipal election held
in 1966, and each fourth year thereafter. Three members of the City Council shall
be elected at the general municipal election held in 1968, and each fourth year
thereafter. No person shall be elected as a member of the City Council for more
than two consecutive terms and no person who has been a member for more than
two years of a term to which some other person was elected a member shall be
elected to the City Council more than one further consecutive term.
Subject to the provisions of this Charter, the City Clerk- and City Treasurer afid
City At4e m- ey-in office at the time this Charter takes effect shall continue in office
until the expiration of their respective terms and the qualification of their
successors. A City Clerk and City Treasurer shall be elected at the general
municipal election held in 1968, and each fourth year thereafter. A City Attemey
shall be eleetod in 1966, and each f„rtl. year!her-eafte.
�.]11411 VV V1V VL ,
The term of each member of the City Council, the City Clerk, and the City
Treasurer aftd the City At4emey shall commence on the first Monday following his
election. Ties in voting among candidates for office shall be settled by the casting
of lots.
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Section 309 of the Charter of the City of Huntington Beach is hereby amended to read as
follows:
Section 309. CITY ATTORNEY. POWERS AND DUTIES. The City
Attorney shall be appointed or removed by the City
Administrator, with the approval of the City Council, pursuant to
Section 401(a) of the City Charter. To become and remain eligible for City
Attorney the person e'e of appointed shall be an attorney at law, duly Iicensed
as such under the laws of the State of California, and shall have six (6) years of
increasingly responsible experience in municipal or government
law and have been engaged in the practice of law in this State for at least three
years prior to his or her eleefien er appointment. The City Attorney shall have
the power and may be required to:
(a) 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 people any or all criminal cases arising from
violation of the provisions of this Charter or of City ordinances and such state
misdemeanors as the City has the power to prosecute, unless otherwise
provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which
the City is concerned or is a party, and represent and appear for any City
officer or employee, or former City officer or employee, in any or all civil
actions or proceedings in which such officer or employee is concerned or is a
party for any act arising out of his employment or by reason of his official
capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give his or
her advice or opinion orally or in writing whenever requested 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 or her approval thereon in writing.
(f) Prepare any and all proposed ordinances and City Council resolutions and
amendments thereto.
(g) Devote such time to the duties of the his office and at such place as may be
specified by the City Council.
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(h) Perform such legal functions and duties incident to the execution of the
foregoing powers as may be necessary.
(i) Surrender to his or her successor all books, papers, files, and documents
pertaining to the City's affairs.
The selection process for the City Attorney shall include the following:
Applicants for City Attorney shall be reviewed by a screening committee at
least one half of which shall be made up of citizens who are registered voters
in the City of Huntington Beach and the balance of the committee shall be
persons with current municipal legal experience.
The City Administrator shall appoint the City Attorney from candidates
reviewed by the screening committee, subject to approval by a majority vote
of the City Council.
Section 2. The City Council hereby finds and determines that although proposed Charter
Amendment No. 1 and proposed Charter Amendment No. 2 are to be separately voted
upon, and although each amends Section 300 of the Charter of the City of Huntington
Beach in a different manner, they are not inconsistent, and should they both be approved
by the electors, the proposition with the greater number of affirmative votes shall not
supersede the other proposition, but instead Section 300 shall be amended to read as
follows:
Section 300. CITY COUNCIL, ATqPORNEY, AND CLERK AND TREASURE
TERMS. The elective officers of the City shall consist of a City Council of seven
members;and a City Clerk, , 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 years and until their respective successors qualify.
Subject to the provisions of this Charter,the members of 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. Four members of the City
Council shall be elected at the general municipal election held in 1966, and each fourth
year thereafter. Three members of the City Council shall be elected at the general
municipal election held in 1968, and each fourth year thereafter. No person shall be
elected as a member of the City Council for more than two consecutive terms and no
person who has been a member for more than two years of a term to which some other
person was elected a member shall be elected to the City Council more than one further
consecutive term.
Subject to the provisions of this Charter,the City Clerk, City Treasuref-wW City
in office at the time this Charter takes effect shall continue in office until the expiration of
flieif his Or her respective terms and the qualification of his or her successors.
A City Clerk and City T-reas a shall be elected at the general municipal election held in
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1968, and each fourth year thereafter. A City Aoemey shall be eleeW in 1966,
feuFth year- heFeafter,
The term of each member of the City Council;and the City Clerk,
the Cky A#amey shall commence on the first Monday following his or her election.
Ties in voting among candidates for office shall be settled by the casting of lots.
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Res. No. 6726
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, 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 at least a majority of all the members of said
City Council at a regular meeting thereof held on the 4th of December, 1995 the
following vote:
AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff,
NOES: Councilmembers: Green, Garofalo
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resoluti/resbkpg