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Home My WebLink AboutFred Wilson - 2008-08-04�� T ,J,��r 1 l j' , Dept. ID CA 13-014 Page 1 of 1 Meeting Date: 12/16/2013 ioi4D v� 7 -d MEETING DATE: 12/16/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Approve and authorize execution of an Amendment to the Contract of the City Manaaer Foraivinq the Remaining Housing Loan Balance Statement of Issue: Amend the contract of the City Manager to forgive the remaining balance of a home loan effective 12-31-2013. Financial Impact: N/A Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement for Personal Services - City Manager Fred Wilson" forgiving the remaining housing loan balance. Alternative Action(s): Do not approve the contract amendment for the City Manager.. Analysis: The City Council recently conducted a performance evaluation of the City Manager in accordance with the provisions of his employment contract. The City Council provided an overall good evaluation of the City Manager. As a result of the evaluation, the following amendment to the employment contract is being recommended for your consideration. • Forgive remaining balance of home loan effective 12-31-13 The original employment agreement, which was approved in August 2008, provided for a $200,000 home loan to the City Manager pursuant to a promissory note agreement effective January 2009. It is currently forgiven annually over a seven-year period. The remaining balance as of 12-31-13 will be $57,143. This is the amount recommended to be forgiven through this proposed amendment to the City Manager Employment Contract. Environmental Status: N/A Strategic Plan Goal: Develop, retain and attract quality staff Attachment(s): 1. "Amendment No. 1 to Agreement for Personal Services - City Manager Fred Wilson" HB -465- Item 24. - 1 AMENDMENT NO. 1 TO AGREEMENT FOR PERSONAL SERVICES - CITY MANAGER FRET) WILSON THIS AMENDMENT is entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein called "CITY," and FRED WILSON, herein called "EMPLOYEE." WHEREAS, CITY and EMPLOYEE are parties to that certain agreement dated September 22, 2008, entitled "Agreement For Personal Services — City Manager Fred Wilson," hereinafter referred to as the "Original Agreement;" and The parties wish to amend the Original Agreement to provide for other benefits for EMPLOYEE, NOW, THEREFORE, it is agreed by CITY AND EMPLOYEE as follows: 1. AMENDMENT OF SECTION 1 ENTITLED "OTHER BENEFITS" Section F of the Original Agreement, entitled "Other Benefits," is hereby amended to read as follows: F. OTHER BENEFITS. , As an incentive to encourage EMPLOYEE to reside within the City of Huntington Beach and to remain employed by CITY for a number of years, EMPLOYEE received a one-time, real estate secured loan of an amount not to exceed Two Hundred Thousand Dollars ("the Loan"). The Loan shall be considered paid in full effective December 31, 2013. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 08-1784.001/103737 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on J'5— l6 , 20 /L3 CITY: CITY OF HUNTINGTON BEACH,. a municipal corporation of the State of California APPROVED AS TO FORM: City Atto ey 08-1784.001/103737 2 CALIFORNIA TEAMSTERS.'Lid CAL 911 PUBLIC ' PROFESSIONAL & MEDICAL EMPLOYEES UNION, THE COUNTIES OF Los ANGELES, ORANGE, RIVERSIDE, SAN DIEGO, IMPERIAL, SAN Luis 0815PO, SAN BERNARDINO, SANTA BARBARA AND VENTURA 9900 FLOWER STREET* BELLFLOWER'--CALIFORNIA 090706 2(562) 595-4518 ° Fax (562) 427-7298 - teftsters9l Ixom An otnhe lnrernarj'euml Brurherh,0, id RiyanondI3. ,Yeov r; T. vuwrcr December 16, 2013 Huntington Beac h City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Agenda Item #24 — Forgiveness of City Manager's Home Loan Dear City Council, On behalf of our 400 members in the Huntington Beach Municipal Employees Association (MEA), I am writing.this letter as a concern over the aforementioned agenda item that will be voted on at tonight's council meeting. As you are aware,MEA has been engaged in collective bargaining since April of 2013. Over the past eight (8) months. the City has demonstrated a lack of willingness to bargain in good faith a reasonable compensation package for MEA employees. Despite continUOLIS claims at the bargaining table of the City's inability to provide a reasonable proposal on wages and health beneefits, the City is willing to forgive the remaining balance of $57,143 from a lucrative $200,000 housing loan provided to the City Manager. Moreover, the City Manager's housing loan "is currently forgiven annually over a seven year period," in which it appears the City has already forgiven 8142,857 since 4 "009. This proposed action is further testament of the City'ls true ability to bargain a fair and equitable contract with MEA. Sincer y, G �gorio Daniel Business Representative meeting Data: Agenda item NO. Hi , �0 �du?, on - AIL d'xitq(� irn i�L �J1� �U r �� G i 41k4c Ross, Rebecca Vi J From: Flynn, Joan Sent: Monday, June 17, 2013 4:34 PM To: Warren, Michele; Ross, Rebecca Subject: Re: City Manager - title change CITY OF HUNTINGTON BEACH Sure. This will take a day to pull together. Should get it to you Wednesday. Sent from my iPhone On Jun 17, 2013, at 4:07 PM, "Warren, Michele" <Michele.Warren@surfcity-hb.orp.> wrote: Hi Joan, CalPERS is questioning why we changed the title of City Administrator to City Manager. I have told them it was because the City Charter was changed. Can you provide me copies of: • Ballot language • Vote results certified by you and/or orange county • Charter Legislative Draft (which would show the old title strikethrough) Thanks in advance for your assistance. ►f" From: Warren, Michele Sent: Monday, June 17, 2013 4:03 PM To: 'Ochoa, Rose' Cc: Russell, Julie; Pederson, Carolyn; Balzouman, Michelle; Brown, Patricia; Paul, Antone K. Subject: RE: City Manager - title change CITY OF HUNTINGTON BEACH Greetings Rose, The title of City Administrator was changed to City Manager due to a change in the City of Huntington Beach City Charter. No action was taken by the Personnel Commission (as the Commission does not have jurisdiction over positions outside the classified service). And, no action was taken by the City Council, as a vote of the registered voters of Huntington Beach was required to change the language in the City Charter. A link to the City Charter is provided: http://www.surfcity-hb.org/files/users/city clerk/city-charter.pdf I will contact the City Clerk's office to attempt to provide some type of ballot information which could substantiate that the title change from City Administrator to City Manager was due to a charter revision and get back to you. Thank you. Michele Warren 1 Director of Human Resources City of Huntington Beach 714-536-5586 From: Ochoa, Rose [mailto:Rose Ochoa@CaIPERS.CA.GOV] Sent: Monday, June 17, 2013 3:53 PM To: Warren, Michele Cc: Russell, Julie; Pederson, Carolyn; Balzouman, Michelle; Brown, Patricia; Paul, Antone K. Subject: RE: City Manager - title change CITY OF HUNTINGTON BEACH Hi Michele, I spoke with both Julie Russell and Carolyn Pederson in your Payroll Dept and have explained to me that Mr. Fred Wilson's title was changed from City Administrator to City Manager effective 511111. Julie sent me a copy of the Personnel Action Form regarding this title change. Can you please send me a copy of Personnel Commission and/or City Council Action, or City Council Minutes where this title shows it was approved? In pursuant to California Code of Regulations (CCR) 570.5(a)(2), all positions for all employees must be listed on the salary schedule. When the Audit was initiated, he was the City Administrator. Your salary schedule shows City Manager. We need to connect the 2 titles to be in compliance with the Public Employees' Retirement Law. As soon as we receive all the necessary documents, we will be able to close the Audit Finding 4. You may contact me at (916)795-0736, or my Managers, Michele Balzouman at (916)795-9466, or Pat Brown at (916)795-1221, if you have any further questions. Thank you. Rpse Ochoa Retirement Program Specialist II Compensation Review Unit CalPERS, Customer Account Services Division (CASD) Phone: (916) 795-0736 Fax: (916) 795-4166 E-Mail: Rose Ochoakcalpers.ca. ,ov From: Russell, Julie [mailto:Julie.Russel l(a)surfcity-hb.org] Sent: Monday, June 17, 2013 3:21 PM To: Ochoa, Rose Subject: City Manager - title change CITY OF HUNTINGTON BEACH Rose —this is the form payroll received from HR instructing us to make the change to Fred Wilson's title for payroll purposes effective 5/1/11. Vote Both Sides General Election OFFICIAL BALLOT Orange County November 02, 2010 22 - PROHIBITS THE STATE FROM BORROWING OR TAKING FUNDS USED FOR TRANSPORTATION, REDEVELOPMENT, OR LOCAL GOVERNMENT PROJECTS AND SERVICES. INITIATIVE CONSTITUTIONAL Prohibits State, even during severe fiscal hardship, from delaying distribution of tax revenues for these purposes. Fiscal Impact Decreased state General Fund spending and/or increased state revenues, probably in the range of $1 billion to several billions of dollars annually. Comparable increases in funding for state and local transportation programs and local redevelopment ® Yes ® No 23- SUSPENDS IMPLEMENTATION OF AIR POLLUTION CONTROL LAW (AB 32) REQUIRING MAJOR SOURCES OF EMISSIONS TO REPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING, UNTIL UNEMPLOYMENT DROPS TO5,5 PERCENT OR LESS FOR FULL YEAR INITIATIVE Fiscal Impact Likely modest net increase in overall economic activity in the state from suspension of greenhouse gases regulatory activity, resulting in a potentially significant net increase in state and local revenues. Yes ® No 24- REPEALS RECENT LEGISLATION THAT WOULD ALLOW BUSINESSES TO LOWER THEIR TAX LIABILITY. INITIATIVE STATUTE. Fiscal Impact Increased slate revenues of about $1.3 billion each year by 2012-13 from higher taxes paid by some businesses. Smaller increases in 201Oil 1 and 2011-12, ® Yes ® No 25 - CHANGES LEGISLATIVE VOTE REQUIREMENT TO PASS BUDGET AND BUDGET -RELATED LEGISLATION FROM TWO-THIRDS TO A SIMPLE MAJORITY. RETAINS TWO-THIRDS VOTE REQUIREMENT FOR TAXES. INITIATIVE CONSTITUTIONAL AMENDMENT. Legislature permanently forfeits daily salary and expenses until budget bill passes. Fiscal Impact In some years, the contents of the state budget could be changed due to the lower legislative vote requirement in this measure. The extent of changes would depend on the Legislature's future actions. ® Yes ® No 26 - REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY ORTHE ENVIRONMENT CAUSED BY THE FEE -PAYER'S BUSINESS. INITIATIVE CONSTITUTIONAL AMENDMENT. Fiscal impact Depending on decisions by governing bodies and voters, decreased state and local government revenues and spending (up to billions of dollars annually). Increased transportation spending and state General Fund costs ($1 billion annually). ® Yes No 27 - ELIMINATES STATE COMMISSION ON REDISTRICTING, CONSOLIDATES AUTHORITY FOR REDISTRICTING WITH ELECTED REPRESENTATIVES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Eliminates 14-member redistricting commission. Consolidates authority for establishing state Assembly, Senate, and Board of Equalization districts with elected representatives who draw congressional districts. Fiscal Impact: Possible reduction of state redistricting costs of around $1 million over the next year. Likely reduction of these costs of a few million dollars once every ten years beginning in 2020. ® Yes ® NO CITY N - Huntington Beach, Huntington Beach City Charter Comprehensive Update Measure Shall proposed Charter Amendment No. 1, revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved? ®yes ® No O - Huntington Beach, Huntington Beach City Charter Section 617, infrastructure Fund Measure Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? ® Yes ® No P - Huntington Beach, Huntington Beach UUT Modernization/Reduction Measure To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds, and no rate increase without voter approval? ® Yes ® No Vote Both Sides O - Huntington Beach, Huntington Beach Private Wireless Communication Facilities Advisory Measure Shall the City permit the installation of a mobile telephone antenna at Harbour View Park , located at 16600 Saybrook Lane and at Boise View Park located at 5741 Brighton Drive? Yes No .ter O W m d W O co to O to O) ti Li�(' paj- CITY CHARTER DRAFT TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Aaamer Section 200. Council-A4n"msr Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council, Attorney, Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307. Non-interference with Administration Section 308.Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312. Vacancies, Forfeitures and Replacement Section 313. Conflict of Interest, Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL wlUvtQq{f Arlm��;Ct Section 400. City ar. Composition, Term, Eligibility, Removal Section 401. Powers and Duties Section 402. Acting City fAk 1k &At(' Section 403. Personnel Section 404. Retirement System Section 405. Boards, Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Waa qlc Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate 'Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616, Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE _V I . MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We, the people of the City of Huntington Beach, State of California, de ordain believe fiscal responsibility and estaabRsh-the prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California.., we do hereby exercise the privilege of retaining for ourselves, the benefits of local government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure thecontinued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The presentt official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCI MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council- Administrater Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer 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 tenns 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 Treasurer 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 City Treasurer 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, the City Treasurer and the City Attorney shall commence on the first Monday following h6ithe certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and 4 ordinary expenses, losses and costs imposed upon them by virtue of their serving as City CettaeilmeiiCouncilpersons. Section 303. MEETINGS AND LOCATION (a)- Regular Meetings. The City. Council shall hold regular meetings at Ieast twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re -adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b)- Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and. notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. Leh wai-oer- may be given by . This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c)- Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a)- Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b)- Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c)- Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; 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, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. 6 Section 307. NON-INTERFERENCE WITH'ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Adwiiftistfa Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City A�Manager solely through the City AdminisiraterManager, and no member of the City Council shall give orders to any subordinate of the City AdmiftistfateFManager, either publicly or privately. zn No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, and -shall have been engaged in the practice of law in this State for at least dareef ve years prior to hi --their election or 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 histheir employment or by reason of histheir official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give histheir 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 in writing the form of all contracts made by and all bonds and insurance given to the City, (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of liistheir office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to hiitheir successor all books, papers, files, and documents pertaining to the City's affairs. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a bachelors degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in beefs -records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate boelfsrecords, 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 correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all baak-Ei a records in hi-stheir possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be 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) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist hi-mthem or act for himthem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. exi..c...... _ hieh-denieA,,.Wetei-feeerA-"%%iagenien+ skills and pr-aetwe tr pfflee es- Section 311. CITY TREASURER. POWERS AND DITTIES. To become and remain eligible for City Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting, finance, business, or public administration; or A Bachelor's Degree in accounting, finance, business, or public administration with certification by the California Municipal Treasurer's Association, or their successor, within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (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 hiJstheir 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 Adminis#at r-Manager, 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 " a ffli..i: trat .., and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist himthern or act for himthem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime iftve1viw,--of moral turpitude. or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. 10 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City AdministmetManager or any department head or other officer having appointive power appoint any relative of such person or of.any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL. Section 400. CITY. .MANAG ER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City A-dminisFrater-Manager who shall be the chief administrative officer of the City. (b) 'Perm. The Admiaistfakefcity Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however, that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The Adtrstr'aterCity Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City tinistfaterManager or Acting City AdrM&Witefmanager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City AdministFaterManager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Admini•stfaterManager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a HU majority of the members of the City Council. At least thirty days prior to the effective date of removal, the City moist Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after receipt of such notice, the City Admiaistm4eManager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty -day period above referred to. The City Admiiii&tfater-Manager shall appear and be heard at such hearing. After furnishing the City f1ieManager with written notice of the intended removal, the City Council may suspend the Administre -City Manager from duty, but his compensation shall continue until removal as herein provided. In removing the City AdffriaimiwManager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City admit}i~er-Msnager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Atateanager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers. and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Adffik-tefManager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. 12 (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. (#}Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees -e)ieept-fie , and prescribe such general rules and regulations as he fftay-deemdeemed necessary or proper for the general conduct of the administrative offices and departments of the City under histheir jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY ADAUNUTRATORMANACER. During any temporary absence or disability of the City AdetiManager, the ACity wl , Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Admillistrater:Manager. In the event the City AManager fails to make such appointment, such appointment may be made by the City Council. Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City Attorney and City AdinkiistraW anager, the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system-,-pFevided ; of-sueh The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance. 13 Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500: REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows.:%" No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction and senora f •^ding, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: (1)- An ordinance calling or otherwise relating to an election; 14 (2)- An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3)- An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4)- An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. -Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. An emergency ordinance shall expire automatically after 120 days. Section 502. RESOLUTIONS. -The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES. -The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL AIDMINISTRATION Section 600. FISCAL YEAR. -The fiscal year of the City shall be f ..TM u!. - , to Ame 30 tWA ether...:" eskNi4 edas set forth by ordiftaneeresolution of the City Council. Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY , MANAGER. At such date as the City AdministfaterManager shall determine, each board or commission and each department head shall furnish to the City Admiais4a4efManager, personally, or through the Director of Finance, estimates of the department's, board's or 15 commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrater:Manager. In preparing the proposed budget, the City f4dfniaistffi* anager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. ANNUAL. BUDGET. SUBMISSION TO THE CITY COUNCIL. -The City AdinitatefManager shall submit the proposed budget to the City Council at least sxtythirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING, -At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. -At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City AAfWnistraterManager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. GAY. - Section 605. ANNUAL BUDGET APPROPRIATIONS. -From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City f4dmir&tfaManager may transfer finds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. 16 Section 606. DETERMINATION OF CITY TAX RATE. -The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the -ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due -during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608. VOTE REQUIRED FOR TAX MEASURES. -No tax, property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the 17 City under its police power in connection with the City's duty to preserve or maintain the public peace, health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. -The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. -The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 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 vote 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. Section 611. REVENUE BONDS. -Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. 18 (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $44*161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles -Riverside - Orange. County area. (c) Section 612(a) and 612(b) shall not apply; (1)- to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; -- the contract is to perform an act or provide a service in a public park or beach AND such act was being performed or service provided at the same location prior to January 1, 1989 AND the proposed lease, franchise, concession agreement or other ----- contract would not increase the amount of parkland or beach — dedicated to or used by the party performing such act or providing — such service. (3) to above ground public works utility structures under 3,000 square, feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational. opportunities. (d) If any section, subsection, part, subpart; paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be 19 invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect.-(4-�38) Section 613. EXECUTION OF CONTRACTS. -Except as hereinafter provided, the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Admiffis"ate anager or other officer to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contrasts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City ^ dminis*r-a+^fManager upon forms approved by the City AdmipAstmto anager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. -Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of Theusand Dollars {sec 00 the City Council 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 4 Twei4y five T'� ��tl I3ellars ($5, amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 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 then :Pyventy five Thatisaftd Dellam, (&2.5- n^•below the amount set by ordinance, 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 lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote 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 observance of the provisions of this section. All public works contracts exceeding the (S?�300)amount set by ordinance may be let and purchases exceeding the sum e 14ent7-frve Thousand Dellers amount set by ordinance may be made without advertising for bids if 20 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 at least five affirmative votes 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. Section 615. GRANTING OF FRANCHISES. -The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. -The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTURE FUND. (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the InZfrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure: improvements and maintenance, subsequent to 2001, 21 -shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal -year budget. ARTICLLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. -General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even -numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. -All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702. PROCEDURE FOR HOLDING ELECTIONS. -All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE, REFERENDUM AND RECALL.,. -There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. -Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. 22 Section 801. DEFINITIONS. -Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," 'officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802. VIOLATIONS. -The violation of any provision of this Charter shall be a misdemeanor iee-ley- rte-fiet ex eedi g Five r-'un and-iapri viers. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a)- The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b)- The word "mandates" as used in subsection (a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terns on which real property in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c)- This Section 803 shall not apply to: (I)- any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; 23 (2)- any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3)- any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4)- any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5)- any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or . (6)- to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. 24 Council/Agency Meeting Held:-4,,/,10/0 Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied y e 's Sign ure Council Meeting Date: December 6, 2010 Department ID Number: CK 10-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Joan L. Flynn, CIVIC, City Clerk PREPARED BY: Joan L. Flynn, CIVIC, City Clerk SUBJECT: Adopt Resolution No. 2010-92 Reciting the Facts of the General Municipal Election of November 2, 2010 and Declaring Results and authorize the Mayor and City Clerk to execute the Certificate of Proceedings Had and Taken in Adoption of Charter Amendments by Electors of the City of Huntington Beach Statement of Issue: Resolution No. 2010-92 recites the facts of the General Municipal Election held in Huntington Beach on the 2"d day of November 2010, declaring the results thereof and such other matters as provided by provisions of the City Charter and the Elections Code of the State of California. Financial Impact: This action requires no funding. Funds for the cost of the election have been budgeted in FY 10/11, Elections Account, Business Unit No. 10010101.69300 — Professional Services. Recommended Action: Motion to: A) Adopt Resolution No. 2010-92 - A Resolution of the City Council of the City of Huntington Beach Reciting the Facts of the General Municipal Election held on November 2, 2010 Consolidated with the County of Orange Declaring the Results and Such Other Matters as Provided by Law," and B) Authorize the Mayor and City Clerk to execute the Certificate of Proceedings Had and Taken in Adoption of Charter Amendments by Electors of the City of Huntington Beach at a General Municipal Election Held on November 2, 2010 and submit to the Secretary of State in accordance with California Government Code Section 34460. Environmental Status: Not applicable. Strategic Plan Goal: Improve Internal and External Communication. REQUEST FOR COUNCIL ACTION MEETING DATE: 12/6/2010 DEPARTMENT ID NUMBER: CK 10-006 Attachment(s): RESOLUTION NO. 2010-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Huntington Beach, California, on Tuesday, November 2, 2010, as required by law; and Notice of the election was given in time, form and manner as provided by law; that voting precincts were property established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and mariner as required by the provisions of the Charter; and The County Election Department canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as Exhibit "A," NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City except vote -by -mail ballots was 36,026 That the whole number of vote -by -mail ballots cast in the City was 38,015 making a total of 74,041 ballots cast in the City. SECTION 2. That the measures voted upon at the election and the voter results are as follows: Measure N Huntington Beach Charter Comprehensive Update Measure: Shall proposed Charter Amendment No. 1 revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved? PASSED. Measure O Huntington Beach Charter Section 617, Infrastructure Fund Measure: Shall proposed Charter Amendment No. 2 amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? FAILED. 10-2701/54857 Resolution No. 2010-92 Measure P Huntington Beach UUT Modernization/Reduction Measure: To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds, and no rate increase without voter approval? PASSED. Measure Q Huntington Beach Private Wireless Communication Facilities Advisogiy Measure: Shall the City permit the installation of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa Vier Park located at 5741 Brighton Drive? FAILED. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Eihibit "A" attached. SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on Measures N and P did vote in favor of them, and that Measures N and P are carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Huntington Beach, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The number of votes given at each precinct for and against each measure; and (4) The total number of votes given for and against each measure. SECTION 6. That the names of persons voted for at the election for Members of the City Council are as follows: Bill Rorick Shawn Roselius Joe Carchio Norm Westwell Billy O'Connell Jim Katapodis Dan Kalmick Heather Grow William Grunwald Bruce J. Brandt Official write in candidate: Blake Rose Connie Boardman John Von Holle Landon Fichtner Blair Farley Fred J. Speaker Joe Shaw Erik Petersen Andrissa Dominguez Barbara Delgleize Matthew Harper That the names of the persons voted for at the election for City Attorney are as follows: Jennifer McGrath T. Gabe Houston 2 10-2701/54857 Resolution No. 2010-92 SECTION 7. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit "A" attached. SECTION 8. The City Council does declare and determine that Connie Boardman was elected as Member of the City Council for the full term of four years; Joe Carehio was elected as Member of the City Council for the full term of four years; Matthew Harper was elected as Member of the City Council for the full term of four years; Joe Shaw was elected as Member of the City Council for the full term of four years; Jennifer McGrath was elected as City Attorney for the full term of four years. SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for, (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. SECTION 10. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certification of Election signed by the City Clerk and authenticated; that City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 11. 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 thereof held on the 6 th day of December , 2010. REVIE APPROVED: INITIATED AND APPROVED: 1ministrator ity Clerk 1(f V APPROVED AS TO FORM: 14 -- City Attorney 10-2701/54857 Exhibit "A"- Resolution No. 2010-92 Exhibit "A" Result of the Canvass of the Election Return to be delivered upon receipt of official certified document from the Orange County Registrar of Voters. REGISTRAR OF VOTERS 1300 South Grand Avenue, Bidg. C Santa Ana, California 92705 (714)567-7600. TDD (714) 567-7608 FAX (714) 567-7627 www.ocvote.com November 29, 2010 Dear City Clerk: NEAL KELLEY Registrar of Voters Maiiing Address: P.O. Box 11298 Santa Ana, California 92711 I am enclosing the Certification of the Registrar of Voters to Result of the Canvass of the General Election Returns and a copy of the abstract for the municipal election for your city, held in consolidation with the General Election on November 2, 2010. If you have any questions, please feel free to contact me at (714) 567-7606 or kay.cotton@rov.ocgov.com. Sincerely, Kay Cotton Candidate and Voter Services Manager :kc Enclosures .71 commUNICATION CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, Neal Kelley. Registrar of Voters of Orange County, do hereby certify the following to be a full. true and correct Statement of the Vote of the election listed below, consolidated with the General. Election held on November 2, 2010. CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL CONNIE BOARDMAN 20,019 JOE CARCHIO 18,523 MATTHEW HARPER 15,886 JOE SHAW 14,585 BARBARA DELGLEIZE 14,171 BLAIR FARLEY 13,932 BILLY O'CONNELL 13,175 JIM KATAPODIS 13,100 FRED J. SPEAKER 11,183 DAN KALMICK 10,775 NORM WESTWELL 10,187 BILL RORICK 9,835 HEATHER GROW 9,624 SHAWN ROSELIUS 7,628 ERIK PETERSON 7,137 BRUCE J. BRANDT 7,125 LANDON FICHTNER 4,654 ANDRISSA-DOMINGUEZ 4,440 WILLIAM GRUNWALD 3,652 JOHN VON HOLLE 3,209 BLAKE ROSE 50 CITY ATTORNEY JENNIFER MCGRATH 40,470 T. GABE HOUSTON 15,315 MEASURE N YES 30,084 NO 24,543 MEASURE O YES 26,343 NO 31,555 MEASURE P YES 41,102 NO 18.787 CERTIFICATE OF REGISTRAR OF VOTERS NOVEMBER 22, 2010 PAGE 2 ADVISORY MEASURE Q YES 27,674 NO 35,834 PRECINCT BALLOTS CAST: 36,026 VOTE -BY -MAIL BALLOTS CAST: 38,015 TOTAL BALLOTS CAST: 74,041 I hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22"d day of November, 2010. NEAL KE Y Registr Voters Orange County CERTIFIED STATEMENT OF THE VOTES CAST at the GENERAL ELECTION November 2, 2010 in the County of Orange, State of California. FILED , 2010 DEBRA BOWEN, SECRETARY OF STATE In State of California) ) ss County of Orange) DEPUTY 1, Neal Kelley, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the General Election, as determined by the canvass of the retums of said election. l further certify the results of the 1 percent manual tally contained no discrepancies between the machine count and the manual tally. WITNESS my hand and Official Seal THIS DAY OF 2010 REGISTRAR OF VOTERS may, R V OOUN 9 OP Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified - Res. 773 Results 5/3/37....................5/17/37 Amendments................................................................... 2/2/40 Amendments.......... :...................................................... 12 7 Amendments................................................................ . 1/27/49 Amendments................................................................... 5 Revised..................................................................................5/ 1 /50 NewCharter.................................................................. 2/10/66 Amendments................................................................ . 1 18 7 Amendments................................................................... 6/� " 75 Amendments................................................................ 12/10 76 Amendments................................................................ . 7177 Amendments.. (Consolidation November)................................12/9/82 Amendments................................................................ . 12/7/84 Amendments................................................................ . 12/7 90 Amendments.................................................................. 4/22 02 Revised........................................................................12/6/ 10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE H. FORM OF GOVERNMENT Section 200. Council -Manager Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council, Attorney, Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307. Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312. Vacancies, Forfeitures and Replacement Section 313. Conflict of Interest, Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager. Composition, Term, Eligibility, Removal Section 401. Powers and Duties Section 402. Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards, Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 12/6/10 ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Manager Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VUL MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure the continued success and well-being of our fair City. City of Huntington Beach City Charter Page 3 of 20 12/6/10 ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council -Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer 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, City Treasurer 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 City of Huntington Beach City Charter Page 4 of 20 1216/10 Clerk and City Treasurer 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, the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re -adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) - Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. City of Huntington Beach City Charter Page 5 of 20 12/6/ 10 (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or therefusalto testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; 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, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. City of Huntington Beach City Charter Page 6 of 20 12/6/10 Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or 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 their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give their 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 in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. City of Huntington Beach City Charter Page 7 of 20 12/6/10 (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers, files, and documents pertaining to the City's affairs. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, 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 correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be 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) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council, 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. City of Huntington Beach City Charter Page 8 of 20 12/6/10 Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting, finance, business, or public administration; or A Bachelor's Degree in accounting, finance, business, or public administration with certification by the California Municipal Treasurer's Association, or their successor, within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (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 their 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 Manager, 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 Manager and City Council. (e) Perform such other duties consistent with.this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. City of Huntington Beach City Charter Page 9 of 20 12/6/10 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however, that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal, the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty -day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal, the City Council may suspend the City Manager from duty, but his compensation shall continue until removal as herein provided. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and City of Huntington Beach City Charter Page 10 of 20 12/6/10 the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the City Manager, the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City Attorney and City Manager, the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. City of Huntington Beach City Charter Page 11 of 20 12/6/10 The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance. Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:" No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: City of Huntington Beach City Charter Page 12 of 20 12/6/10 (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. An emergency ordinance shall expire automatically after 120 days. Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, estimates of the department's, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. ANNUAL BUDGET. SUBMISSION TO TBE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of City of Huntington Beach City Charter Page 13 of 20 12/6/10 the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and City of Huntington Beach City Charter Page 14 of 20 12/6/10 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace, health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 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 vote 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. Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions City of Huntington Beach City Charter Page 15 of 20 12/6/10 upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles -Riverside -Orange County area. (c) Section 612(a) and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. City of Huntington Beach City Charter Page 16 of 20 12/6/10 Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council 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 amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 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 below the amount set by ordinance, 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 lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote 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 observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids 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 at least five affirmative votes 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. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, City of Huntington Beach City Charter Page 17 of 20 12/6/10 without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTURE FUND. (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal -year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even -numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. City of Huntington Beach City Charter Page 18 of 20 12/6/10 Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: City of Huntington Beach City Charter Page 19 of 20 12/6/10 (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. City of Huntington Beach City Charter Page 20 of 20 12/6/10 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ conditionally Approved ❑ Denied O,, ( Cie s Sig re Council Meeting Date: 8/4/2008 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor Pro tem and Members of City Council SUBMITTED BY: Mayor Debbie Cook P-1-1/ PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Appointment of Fred Wilson as City Administrator Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council approve a personal services agreement with Fred Wilson to serve as City Administrator? Funding Source: City Administrator's budget - 10030101 Recommended Action: Motion to: 1. Approve the appointment of Fred Wilson as City Administrator; and 2. Authorize the Mayor and City Clerk to execute a personal services agreement between the City of Huntington Beach and Fred Wilson. Alternative Action(s): Do not authorize the agreement and provide appropriate direction. Z�--7 - / � REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: Analysis: The City Council has completed a nationwide recruitment for Huntington Beach's next City Administrator and concluded contract negotiations with a final candidate, Fred Wilson. Mr. Wilson is currently employed as the City Manager in the City of San Bernardino and has served in that capacity for the past 12 years. Previously, he served as San Bernardino Assistant City Administrator for six years and as San Bernardino Assistant to the City Administrator for 3 years. Prior to working for the City of San Bernardino, Mr. Wilson worked for the cities of Chino and Simi Valley in various administrative capacities. He has a Masters Degree in Public Administration from Cal State University, Northridge and a Bachelors Degree in Urban Planning from California State Polytechnic University, Pomona. Upon approval of this Agreement, Fred Wilson will join Huntington Beach as the City Administrator on September 22, 2008. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: N/A Attachment(s): -2- 7/30/2008 9:02 AM ATTACHMENT NO. 1 AGREEMENT FOR PERSONAL SERVICES - CITY ADMINISTRATOR F'RED WILSON THIS AGREEMENT is entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein called "CITY," and FRED WILSON, herein called "EMPLOYEE." WITNESSETH WHEREAS, it is the desire of CITY to retain the services of EMPLOYEE as City Administrator; and It is the desire of CITY to provide certain benefits, establish certain conditions of employment and to set certain working conditions of EMPLOYEE; and It is the desire of CITY to: (1) provide inducement for EMPLOYEE to continue as the City Administrator and remain in CITY'S employment; (2) make possible full work productivity by providing EMPLOYEE with assurances regarding his employment; and (3) provide an equitable means for terminating EMPLOYEE'S services if that should occur. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: EMPLOYMENT. CITY hereby agrees to employ EMPLOYEE as City Administrator of the City of Huntington Beach to perform the functions and duties specified in the City Charter, and to perforin other legally permissible duties and functions as the City Council shall from time to time assign. EMPLOYEE is a Charter Officer and possesses the powers and is subject to the limitations of the Charter, including Sections 400 and 401. JM:Wilson Agreement 2008 EMPLOYEE will accept no other employment during the term of this Agreement without the express prior approval of the City Council of CITY. TERM. EMPLOYEE'S first day of work pursuant to this Agreement shall be September 22, 2008. This Agreement shall remain in effect until terminated by either party as provided in Paragraph 8. COMPENSATION. A. CITY agrees to pay EMPLOYEE a base annual salary of $240,000, in installments at the same time as other employees of CITY are paid. EMPLOYEE shall receive the same percentage salary adjustment, if any, conferred upon the CITY'S Non -Associated Employees. B. In addition to the foregoing benefits, EMPLOYEE shall also receive all such other benefits that are generally applicable to non -associated employees (department heads) hired after December 27, 1997, as set forth in CITY'S Non -Associated Employee Benefits Resolution, a copy of which is attached hereto as Attachment No. 1. C. The CITY will pay an auto allowance of $600.00 per month as reimbursement for the use of EMPLOYEE'S personal auto on CITY business. EMPLOYEE will primarily use EMPLOYEE'S personal auto for CITY business, and will use CITY vehicles on an exception basis only. This provision does not in any way restrict EMPLOYEE'S use of his personal automobile for personal use. This auto allowance will increase only upon specific Council action, or when department head auto allowances exceed $600.00 per month, in which case EMPLOYEE'S auto allowance will be adjusted equally. The CITY will also provide a car cellular telephone and will pay the monthly expenses incurred for CITY business; EMPLOYEE will reimburse the CITY for personal use. 2 JM:Wilson Agreement 2008 D. BUSINESS EXPENSES. EMPLOYEE shall be reimbursed all reasonable business expenses, with comprehensive administrative oversight in place. E. MOVING EXPENSES. CITY will reimburse EMPLOYEE his temporary rental housing expenses incurred prior to March 22, 2009, and reasonable moving expenses in an amount not to exceed $20,000. F. OTHER BENEFITS. As an incentive to encourage EMPLOYEE to reside within the City of Huntington Beach and to remain employed by City for a number of years, EMPLOYEE will be eligible for a one-time, real estate secured loan of an amount not to exceed Two Hundred Thousand Dollars ("the Loan"). The Loan shall be subject to the following terms and conditions: a. The Loan shall be fundable in full upon EMPLOYEE'S execution of a loan agreement. The loan agreement shall be approved as to form by the City Attorney. The City Attorney is authorized and empowered to execute the loan agreement on behalf of the City any and all documents as may be required to effectuate the Loan. b. The Loan shall be secured by EMPLOYEE's primary residence in Huntington Beach. The Loan may be subordinate to a pre-existing first mortgage and a pre- existing second as a line of credit; a minimum loan to value ratio shall be maintained to secure the loan. No loan repayment shall be made while employed by City as City Administrator; the Loan shall be forgiven in increments of $28,571.43 per year for each subsequent year of EMPLOYEE's employment with the City. If -separation occurs mid year, the amount of forgiveness for that year shall be prorated on a monthly basis for time employed within that year. WMilson Agreement 2008 d. The loan balance at time of separation of employment with the City, if any, shall be paid with interest at either the market interest rate at the time of loan repayment or at a composite market interest rate for each year that the Loan was outstanding; the loan balance shall be paid in full with applicable interest within six months of separation from the city. e. In the event of work -related death or injury that would prevent EMPLOYEE's continuation of work as City Administrator, the Loan will be retired in full with no repayment. If death results from a non -work related cause, survivor rights will be conveyed to EMPLOYEE's surviving spouse with full interest conversion at market rate to be paid upon sale of home or within six months of death, whichever occurs first. £ EMPLOYEE shall be responsible for payment of any and all applicable taxes on the loan. g. The City Attorney may establish such other terms and conditions of the Loan as may be convenient or necessary. 4. PERFORMANCE EVALUATION. A. EMPLOYEE will be evaluated at least once annually by the Council on or before his anniversary date. EMPLOYEE'S evaluation, at a minimum, will consist of written comments submitted by each Councilmember and may include individual or joint meetings with the Councilmembers. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and EMPLOYEE. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with EMPLOYEE. The City Council shall provide an adequate opportunity for EMPLOYEE to discuss his evaluation with the City Council. 4 JM:Wilson Agreement 2008 B. Annually, the City Council and EMPLOYEE shall define, in writing, such goals and performance objectives which they determine are necessary for the proper operation of CITY. The goals and obligations must be attainable within the time limitations agreed to by CITY and EMPLOYEE and within the fiscal constraints of the annual operating and capital budgets and appropriations approved by CITY. Any unforeseen circumstances which may arise which would affect the achievement of the goals and objectives shall be identified in the consideration of EMPLOYEE'S annual evaluation and compensation. C. The Council and/or EMPLOYEE may desire additional performance evaluations between anniversary dates. Such evaluations shall be less formal without the requirement of written comments or reports. 5. RETIREMENT. EMPLOYEE will be entitled to PERS Retirement Plan benefits received by the CITY'S miscellaneous employees (non-public safety department heads), and such benefits will comply with all PERS regulations. 6. GENERAL AND EXECUTIVE LEAVE. EMPLOYEE will be credited 160 hours of General Leave and 80 hours of Executive Leave upon his first day of employment. Thereafter, EMPLOYEE shall accrue General Leave in accordance with the General Leave accrual provisions applicable to department heads of CITY, and EMPLOYEE shall be credited 80 hours of Executive Leave on January I of each calendar year. Executive Leave must be used in the same calendar year it is credited; unused Executive Leave may not be carried forward to the next calendar year. EMPLOYEE shall provide all Councilmembers with reasonable notice prior to taking two or more General or Executive leave days off. 7. PROFESSIONAL DEVELOPMENT EXPENSES. A. CITY agrees to budget and to pay for the professional dues and subscriptions necessary to EMPLOYEE'S participation in national, regional, state and local JM:Wilson Agreement 2008 associations and organizations necessary and desirable for his continued professional participation, growth and advancement and for the good of the CITY. B. CITY agrees to budget and to pay for the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions for CITY, including but not limited to the Annual Conference of the International City Management Association, the League of California Cities, and such other national, regional, state and local government groups and committees thereof on which EMPLOYEE serves as a member. EMPLOYEE shall pay for all expenses of his spouse if she accompanies him on such trips. C. CITY agrees to budget and to pay for the travel and subsistence expenses of EMPLOYEE for short courses, institutes and seminars that are necessary for EMPLOYEE'S professional development and for the good of the CITY. 8. TERMINATION AND SEVERANCE PAY. A. CITY may only terminate EMPLOYEE as provided at Section 400(d) of the Charter of the City of Huntington Beach. B. Should the Council choose to dismiss EMPLOYEE with less than 6 month's notice, CITY shall compensate EMPLOYEE with an amount equivalent to 6 months' salary and benefits. Should EMPLOYEE voluntarily resign or be convicted of a felony or other crime of moral turpitude, or otherwise be terminated for good cause, CITY will not be obligated to pay any severance pay. C. Should EMPLOYEE decide to terminate his employment with CITY, he shall provide notice to the Council with at least 60 days' written notice. 6 JM:Wilson Agreement 2008 INDEMNIFICATION. CITY shall defend, hold harmless and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE'S duties in accordance with the provisions of California Government Code Section 825 and provide a defense in accordance with Government Code Section 995. CITY may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. 10. BONDING. CITY shall bear the full costs of any fidelity or other bonds required of EMPLOYEE under any law or ordinance. 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. The City Council, in consultation with EMPLOYEE, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. All provisions of the City Charter and Municipal Code, and regulations and rules of CITY relating to General and Executive Leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to non -associated employees (department heads) of CITY in addition to said benefits enumerated specifically for the benefit of EMPLOYEE except as herein provided. C. Such other benefits as the City Council may authorize and grant in the future shall be included within the terms of this Agreement as if specifically amended into this Agreement. WMilson Agreement 2008 12. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, first-class postage prepaid, and addressed as follows: TO CITY: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO EMPLOYEE: Fred Wilson City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 13. GENERAL PROVISIONS. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE. C. This Agreement shall become effective upon execution. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 8 JM:Wilson Agreement 2008 IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and duly executed on its behalf by its Mayor and its City Clerk, and EMPLOYEE has signed and executed this Agreement, on _�"G 6 a ST Q�/ , 2008. EMPLOYEE: d son APPROVED AS TO FORM: ell Jennifer cGrath, City Atto -7 , 3 9 WMilson Agreement 2008 CITY OF HUNTINGTON BEACH, a mu ic. al corporatio v Mayor n QW4 jj-40� yy ��City derky. ,i J NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A - NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISION................................................................................................... 1 SECTIONI PAY ....................................................................................................................... 1 A. SALARY BcncoULu............................................................................................................................... B. [IuocTDx/v/xn................................................................................................................................... 1 C. ASSIGN eu\7uu/Cu-;/AUll)ALLOvvxwcu........................................................................................ l. Department Heads ................................................................................................................................ ................... l SECTION II — HOURS OF WORK/ OVERTIME/TIME OFF ............................................ 1 A. Exucul]vxLuxxc------------------------------------------] B. F|,l,.zuxx mNuALll-,"xmxl]vsW0uKScuuuuu�'I .------------------------] SECTION III —HEALTH AND OTHER INSURANCE BENEFITS ................................. 2 A. HiaxcznINSURANCE -----------------------------------------2 1� D��cx\D�o�)ouG\q�ou|uouzm�o--------------------------,-----------�2 2. City and Employee Paid Health Insurance ........................................................................................................... 2 l Medical Cash Out -----------------------------'_------------.7 4. Section /z5Plan ....................... .......... .................................................................................................................... 7 B. lxpe4NuA/zlocwlA|l}U"xnHmwo[}ISM exuBsuwumllwsuoxwcx......................................... 7 C. LONG IpxmDISABILITY Dwauoxmcp............................................................................................... 7 D. CITY PAID pnYac/u.EXAMINATIONS .............................................................................................. 8 E. 2\4a[su.Awe0ua.................................................................................................................................. 8 F. DuTmeaIVbEx[xLCuvuxxuSnouKellxm;sN/7rE|xV)uIppVulnxCITY &l1-I'rmCm. Rel/xucSoyau)YP|Am...................................................................................................................... 8 G. PnS7'653upm'umem]x/ Mxu/cxucCuvxxxou........................................................................... 8 SECTION IV— RETIREMENT ----------------.---------.------.9 A. BewuITS ............................................................................................................................................... 9 l. Public Employees' Retirement System .-------------------------------------.9 2. Self Funded Supplemental Retirement Benefit ................................................................................................... Y 3. Medical Insurance for Retirees ........................................................................................................... ...... ----*9 4. 2.5Percent ^rAge 55Formula .................... ......................................................................................................... 9 5. Three Percent (3%)uAge 50Formula ..................... ....... ........ .................................................... .................. lV 6. Pre -Retirement Optional Settlement zDeath Benefit ...................................................................................... l0 7. Fourth Level of l95YSurrivozBenefits ............................................................................. ............................... 10 B. Puu|xcEmpu`Yi 8/lmeuuxewovTmwoRcp)mlwu.................... 0 1. Employees' Contribution ................................................. ................................................................................... 1U SECTION V—LEAVE BENEFITS ....................................................................................... 10 A. GuNFxxLLcAvc------------------------------------------j0 LAccrual -------_'_--------------------------_—_-------.l0 2. Eligibility and Approval ........... ............................................................................................................................ U l Leave Benefit Entitlements ................. .................................. ................................. ...... .................................... 1l NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. HoLI1)AYS AND PAY PROVISIONS....................................................................................................12 C. SiCK LE;:wI-:.........................................................................................................................................12 1. Accrual.....................................................................................................................................................................12 2. Credit... .................................................................................................................................................................... 12 3. Usage.......................................................................................................................................................................12 4. Pav Off at Termination......................................................................................................................................... 12 D. BI3Rr.Avr?�Ir,NrLr::wE......................................................................................................................13 E. VOLUNTARY CATASTROPHIC Lu"AVE. DONATION PROGRAM......................................................13 SECTION VI - RETIREE SUBSIDY MEDICAL PLAN.....................................................13 SECTION VII - MISCELLANEOUS....................................................................................14 A. COLLECTION Or PAYROLL OVER PAYiVIENrS..................................................................................14 B. UNIFOIWS AND C,»,PERS Rr;PORTlNG..........................................................................................14 EXHIBIT 1- NON -ASSOCIATED SALARY SCHEDULE.................................................15 EXHIBIT 2 - RETIREE MEDICAL PLAN..........................................................................18 EXHIBIT 3 - 9/80 WORK SCHEDULE................................................................................22 EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION .............................24 Non Associated Final '12-17-07 - Rcso.doc ii NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS EXHIBIT A SECTION I — PAY A. Salary Schedule E All current Non -Associated employees shall receive the salaries as identified in Exhibit 1, except for those elected employees identified in Exhibit 1. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1, at any rate within the designated salary range. 3. The City Administrator is authorized to set the salaries of the non -elected executive management positions identified in Exhibit 1 at any rate at or below the control point of the designated salary range. The City Administrator is authorized to increase the salary by any percentage not greater than 5% based upon performance at annual review and market data; however, no salary for a new employee may be set above the control point at any time without City Council approval. B. Direct Deposit All Non -Associated employees are required to utilize direct deposit of payroll checks. C. Assigned Vehicle /Auto Allowance Department Heads Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned city vehicle or an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period plus reimbursement of out-of-town travel at the approved mileage rate. SECTION II — HOURS OF WORK/ TIME OFF A. Executive Leave Non -Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. Flexible and Alternative Work Schedules 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week with a one -hour lunch during each work shift, totaling a forty (40) hours work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each FLS A designated work week. The 9/80 work schedule shall not Non associated Final 12/17/07 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. 3. Alternative Work Schedule Non -associated employees may elect any alternative work schedule approved by the City Administrator or designee. SECTION III — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance 1. Medical. Dental and Vision Insurance The city shall continue to make available group medical, dental and vision benefits to all Non - Associated employees. 2. City and Employee Paid Health Insurance The City and the employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date. The employee payroll deduction for premium contributions shall be deducted on a pre-tax basis. Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The employee's payroll deduction amount shall begin no later than the beginning of the first full pay period following the effective date of coverage and pro -rated for coverage through the end of the month in which employment was separated. Non Associatcd final 12-17-07 - Rcso.doc 2 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBIT 1 Employer Contributions effective January 16, 2007 — December 31, 2007 Non Associatcd final 12-17-07 - Reso.doc NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2008 Health Premiums and Contributions Effective 1/1 / 2008 — 12 / 31 / 2008 Non Associated Final 12-17-07 - Reso.doc NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ii. "Safety Member" Health Premiums - Employer Contribution Employees that are classified as "safety member" by the California Public Employees' Retirement System (Ca1PERS) may have access to the medical plans offered by Ca1PERS as contracted by the City. In accordance with eligibility- provisions, the Police Chief and the Fire Chief may elect to enroll in the CaIPERS health insurance program offered by the City. The City's maximum monthly employer contributions for the Ca1PERS health insurance program is set forth in the chart below. The amounts listed below include the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. Employer contribution rates effective January 16, 2007 - December 31, 2007 EE ONLY S407.02 S731.40 S432.64 S439.00 S360.60 $24.87 S58.31 $22.38 EE + 1 S814.04 S1,462.80 S865.28 S822.00 S721.20 S42.29 $108.85 S22.38 EE + 2 OR MORE S1,058.25 S1,901.64 $1,124.86 S1,045.00 $937.56 S64.67 S143.45 S22.38 MONTHLI PIAS I3elta Delta EMPLOYER PFRS BSC � ' y PI RS PI IaOR C z h NISEI 1 III I_Jcnud VSP CONTRIBUTION' IT LIC) C ARF. CIIOICI rmlo FrNIO PPO :. K11 .�. �._ _ _ � _ � � � a EE ONLY S301.43 S411.15 S411.15 S411.15 $301.43 S24.15 S45.02 518.46 EE + 1 $611.06 S772.48 S772.48 S772.48 $611.06 S41.07 S85.91 $18.46 EE + 2 OR MORE S792.20 S936.47 S936.47 S936.47 S792.20 $62.80 S122.18 $18.46 MONTHLY PI R Felt IjeltaAl • = EMPLOYEE PI Ii5 BSC -. ,4PERS Pl RS PC)RAC K81SPk PtII I?ental vSP UONTRIBUTION. Ii&,lOr (ARI CHOI( I: HMO. IrnfC? �'I'O_...... ... ..� „- EE ONLY S105.59 S320.25 S21.49 S27.85 S59.17 S0.72 S13.29 S3.92 EE + 1 S202.98 S690.32 S92.80 S49.52 S110.14 S1.22 S22.94 S3.92 EE + 2 OR MORE S266.05 S965.17 S188.39 S108.53 S145.36 S1.87 S21.27 S3.92 a BI-WEEKI Y A. RS BSC PF IS PERS PI RS etta Delta 7 EMPLOYEE PORAC KAISER_ i Irk Dental VSP ., CONTRIBUTION II RIO (r1RT r CIIOICK: ,NIT Hb1O fTl�iOa, M IIO� EE ONLY S48.73 $147.81 S9.92 S12.85 S27.31 S0.33 S6.13 S1.81 EE + 1 S93.68 $318.61 S42.83 S22.86 S50.83 S0.56 S10.59 S1.81 EE + 2 OR MORE S122.79 S445.46 S86.95 S50.10 S67.09 S0.86 $9.82 S1.81 Non Associated Final"12-17-07 - Reso.doc 5 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION NA — Safety 2008 Health Premiums and Contributions - Effective 01/01/2008—12/31/2008 Non :Associated Final 12-17-07 - Rcso.doc NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. iv. Future Premiums The City, "caps" its contributions toward monthly group medical, dental and vision plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections i and ii above. The employee and employer contributions rates set forth in sections ii and iii above shall remain in effect in 2009 and beyond unless otherwise modified by a successor Non -Associated Resolution. The City's contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. 3. -Medical Cash Out If an employee is covered by a medical program outside of a city provided program (evidence of which must be supplied to Human Resources), they may elect to discontinue city medical coverage and receive one -hundred forty six dollars, ($146.00) bi-weekly. 4. Section 125 Plan Employees shall be eligible to participate in a City approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS law. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. B. Life and Accidental Death and Dismemberment Insurance Each Non -Associated employee shall be provided with $50,000 life insurance and $50,000 accidental death and dismemberment insurance paid for by the city. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the city's current providers. Evidence of insurability is contingent upon total participation in additional amounts. C. Long Term Disability Insurance This program provides for each incident of illness or injury, a waiting period of thirty (30) calendar days during which the Non -Associated employee may use accumulated sick leave, general leave, executive leave pay. Subsequent to the thirty (30) day waiting period, the employee will be covered by an insurance plan paid for by the city providing sixty-six and two-thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthl}- earnings up to a maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non -private program benefits to which the employee may be entitled. Disability is defined as: "The inability to perform all of'the duties of regular oa-upalion during two years and thereafter the inability to engage in arzy employment or occupation, for which hel,rhe a:r fztted by reason of education, training or e ,perience. " Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Survivor's benefits continue the plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources Department. Non Associated Final 12-17-07 - Reso.doc NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. City Paid Physical Examinations Non -associated employees shall be provided, once every two years, with a city paid physical examination comparable to the current pre -placement class physical examination or reimbursed the amount authorized for said physical examination. No more than one-half of the eligible employees shall receive examinations in any one fiscal year. Said exam shall be comprehensive in nature and shall include: 1. a complete medical history, physical exam and review of results by physician. 2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG. 4. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool test for blood. E. Miscellaneous When a Non -associated employee is on a leave of absence without pay for reason of medical disability, the city shall maintain the city paid insurance premiums during the period the employee is in a non -pay status for the length of said leave, not to exceed twenty-four (24) months. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after .January 1, 2004 and are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan may choose to participate in City sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in city sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility- for that group medical insurance, the retiree and their qualified dependents will have access to city- sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. Non :Associated Final 12-17-07 - Reso.doe NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION A retiree or qualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in City sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. SECTION IV — RETIREMENT A. Benefits 1. Public Employees' Retirement System Non -associated employees shall be entitled to retirement benefits appropriate to his/her class as defined in the contract between the Board of Administration, Public Employees' Retirement System and the City Council of the City of Huntington Beach. 2. Self -Funded Supplemental Retirement Benefit In the event a Non -associated employee member elects Option #2 (Section 21456) or Option #3 (Section 21457) of the Public Employees' Retirement Law, the city shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member (Non -Associated employee), shall be payable by the city during the life of the member, and upon that member's death, the city's obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997. 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability connected, each Non Associated employee shall be entitled to cause self, spouse and dependents to participate fully in the city's group health insurance program at the equivalent of the city's group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at employee's expense and upon terms, conditions and restrictions currently in effect. b. As an alternative to the benefit described in paragraph IV.A.3.a above, the city will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI. 4. PERS 2.5% na 55 If all other affected units agree, and subject to a formal ratification vote conducted by PERS, the Cit}, shall implement PERS 2.5% @ 55 retirement formula, effective as soon as possible. Effective the beginning of the first pay period following implementation through December 26, 2008, the employees shall pay all of the additional costs to implement 2.5% @ 55 retirement formula. Non Associated Final 12-17-07 - Reso.doe NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Effective December 27, 2008 and thereafter, the employees shall pay two and one -quarter percent (2.25%) of the employee share of PERS. D. Three Percent (3%) at Age 50 Formula Non Associated employees classified as "safety" employees are covered by the three percent at age 50 formula (3% @ 50) as identified in Section 21362.2 of the California Government Code. 6. Pre -Retirement Optional Settlement 2 Death Benefit Non -Associated employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council. 7. Fourth Level of 1959 Survivor Benefits Non -Associated employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 of the California Government Code. B. Public Employees' Retirement System Reimbursement and Reporting Employees' Contribution Non -Associated employees shall be reimbursed bi-weekly in an amount equal to 7% of the employee's base salary (9% for safety employees) as a pickup of the employee's contribution or portion of such contribution to the Public Employees' Retirement System (PERS). The above PERS pickup is not base salary but is done pursuant to Section 14(h)(2) of the Internal Revenue Code. SECTION V — LEAVE BENEFITS A. General Leave 1. Accrual Employees will accrue General Leave at the accrual rates outlined below. General leave may be used for an), purpose, including vacation, sick leave, and personal leave. General leave for non -associated employees shall be accrued as follows: Years of Service Annual General Leave Allowance Biweekly General Leave Allowance First through Fourth Year 176 hours 6.77 Fifth through Ninth Year 200 hours 7.69 Tenth through Fourteenth Year 224 hours 8.62 Fifteenth Year and Thereafter 256 hours 9.85 Non Associated final 12-'17-07 - Rcso.doc 10 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. Fhgibili", and Approval General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. General leave accrued time is to be computed from hiring date anniversary. Members shall not be permitted to take general leave in excess of actual time earned. Members shall not accrue general leave in excess of six hundred forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use applicable earned Sick Leave, General Leave, or Executive Leave for family or personal health issues. For more information on employee leave options contact the Human Resources Department. 4. Conversion to Cash a. Pay Off at Termination An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. Conversion to Cash Two times during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred -twenty (120) general leave benefit hours per fiscal year. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. C. One Week Minimum Vacation Requirement The City Administrator may require certain positions which handle money or transfer funds to take a minimum of one week, (i.e., five consecutive work days) paid vacation each calendar year. d. Deferred Compensation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the beginning of the pay period prior to the employee's last day of employment. Non Associated Filial 12-17-07 - Rcso.doc 71 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B. Holidays and Pay Provisions 1. Non -Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non -Associated Resolution paid in full per the employee's regularly scheduled work shift: (1) New Year's Day (January 1) (2) Martin Luther King Day (third Monday in _January) (3) Presidents Day (third Monday in February) (4) Memorial Day (last Monday in May) (5) Independence Day Quly 4) (6) Labor Day (first Monday in September) (7) Veteran's Day (November 11) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day (December 25) 2. Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. 3. For Civic Center holiday closure purposes, holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. C. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to Non -Associated shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to December 25, 1999. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses, this provision shall be added to Personnel Rule 18.10. 4. Pay Off at Termination a. Non Associated employees with continuous service with the city since November 20, 1978 shall be entitled to the following sick leave payoff plan: At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to ,July 1, 1972, up to a maximum of seven hundred and twenty hours (720) of unused, accumulated sick leave, except as provided in paragraph V.C.5.d below. Non Associatcd final 12-17-07 - Reso.doc 12 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Upon termination for any other reason, employees shall be compensated at their then current rate of pay _for fifty percent (50%) of all unused accumulated sick leave, up to a maximum of 720 hours of such accumulated sick leave. Non -Associated employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph V.C.2.c below. Except as provided in paragraph V.C.5.d below, no Non -Associated employee shall be paid at termination for more than 720 hours of unused, accumulated sick lave. However, employees may utilize accumulated sick leave on the basis of "last in, first out," meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. d. Non Associated employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs V.C.5.a and b above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap" established by this paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. To the extent that any such "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensabee amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee had accumulated another 48 hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by 72 hours to 928.) D. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. E. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit 6. SECTION VI — RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the city shall be entitled to participate in the city sponsored medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in Exhibit 4. Non Associated final 12-17-07 - Keso.doe 13 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION VII — MISCELLANEOUS A. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05). B. Uniforms and Ca1PERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief. These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. The City will report to the California Public Employees' Retirement System (CaIPERS) the average annual cost of uniforms as special compensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5). Non Associated Final 12-17-07 - Reso.doc 14 NON -ASSOCIATED. EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE January 16, 2007 job Type Description Pay Grade 1/16/07 Starting Point Control Point High Point 0510 Deputy City Administrator 703 $72.68 $80.90 $90.04 0009 Director of Building &Safer 681 $65.12 $72.48 $80.68 0014 Director of Community Services 697 $70.53 $78.50 $87.38 0008 Director of Econ Development 681 $65.12 $72.48 $80.68 0574 Director of Human Resources 681 $65.12 $72.48 $80.68 0479 Director of Info Services 681 $65.12 $72.48 $80.68 0007 Director of Library Services 668 $61.03 $67.93 $75.61 0021 Director of Planning 681 $65.12 $72.48 $80.68 0010 Director of Public Works 697 $70.53 $78.50 $87.380518 Finance Director 697 $70.53 $78.50 $87.38 0015 Fire Chief 709 $74.88 $83.35 $92.77 0011 Police Chief 709 $74.88 $83.35 $92.77 0016 City Attorney 740 $87.41 $97.29 $108.29 0017 City Clerk 668 $61.03 $67.93 $75.61 0018 CityTreasurer 681 $65.12 $72.48 $80.68 0007 Director of Library Services 668 $61.03 $67.93 $75.61 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE December 29, 2007 ' Job Type Description Pay Grade 12/29/07 Starting Point Control Point High Point 0510 Deputy City .administrator 709 $74.88 $83.35 $92.77 0009 Director of Building &Safe 687 $67.11 $74.69 $83.13 0014 Director of Community Services 703 $72.68 $80.90 $90.04 0008 Director of Econ Development 687 $67.11 $74.69 $83.13 0574 Director of Human Resources 687 $67.11 $74.69 $83.13 0479 Director of Info Services 687 $67.11 $74.69 $83.13 0007 Director of Library Services 674 $62.89 $70.00 $77.91 0021 Director of Planning 687 $67.11 $74.69 $83.13 0010 Director of Public Works 703 $72.68 $80.90 $90.04 0518 Finance Director 703 $72.68 $80.90 $90.04 0015 Fire Chief 715 $77.17 $85.89 $95.59 0011 Police Chief 715 $77.17 $85.89 $95.59 0016 City -Attorney 746 $90.07 $100.25 $111.58 0017 City Clerk 674 $62.89 $70.00 $77.91 0018 City Treasurer 687 $67.11 $74.69 $83.13 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE December 27, 2008 job Type Description Pay Grade 12/27/08 Starting Point Control Point High Point 0510 Deputy City -Administrator 715 $77.17 $85.89 $95.59 0009 Director of Building & Safety 693 $69.15 $76.96 $85.66 0014 Director of Community Services 709 $74.88 $83.35 $92.77 0008 Director of Econ Development 693 $69.15 $76.96 $85.66 0574 Director of Human Resources 693 $69.15 $76.96 $85.66 0479 Director of Info Services 693 $69.15 $76.96 $85.66 0007 Director of Library Services 680 $64.80 $72.12 $80.28 0021 Director of Planning 693 $69.15 $76.96 $85.66 0010 Director of Public Works 709 $74.88 $83.35 $92.77 0518 Finance Director 709 $74.88 $83.35 $92.77 0015 IFire Chief 721 $79.51 $88.49 $98.50 0011 Police Chief 721 $79.51 $88.49 $98.50 0016 City Attorney 752 $92.81 $103.30 $114.97 0017 City Clerk 680 $64.80 $72.12 $80.28 0018 City Treasurer 693 $69.15 $76.96 $85.66 Non _Associated Final 12-17-07 - Reso.doe 17 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 2 RETIREE MEDICAL PLAN An employee who has retired from the city shall be entitled to participate in the city sponsored medical insurance plans and the city shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous full time city service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the city; and C. Following official separation from the city, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The city's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the city's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the city's medical plans shall be governed by applicable plan document. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous full time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the city's Personnel Rules. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. Non Associated Final 12-17-07 - Reso.doc 18 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3. Maximum Monthly Subsidy Payments Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. _ill retirees, including those retired as a result of disability whose number of years of service prior to retirement, exceeds ten (10) years of continuous full time service, shall be entitled to maximum monthly payment of premiums by the city for each year of completed city service as follows: Maximum Monthly Payment for Retirements After: Years of Service Subsidy 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Non :Associated final 12-17-07 - Rcso.doc 19 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS PROVISIONS A. Eligibilirn: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Administrative Services Department shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), Prescription Card System (PCS), Orange County Foundation for Medical Care (OCFMC) and Medical Stop Loss insurance. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HMO. e. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Regular City Employee Indemnity Plan. c. Any other employee benefit plan. d. Any other commercially available benefit plan. e. ii'Iedicare supplements D. Medicare: 1. AN persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for l'Iedicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. Non .Associated Final 12-17-07 - Reso.doc 20 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under "Benefits," "Subsidies," and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Non -Associated Resolution. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. NonAssociated Final 12-17-07 - Reso.doe 21 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 - 9/80 WORK SCHEDULE This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Administrator or designee. A. Fortes (40) Hour FLSA Work Week The actual FLS_ workweek is from Friday at mid -shift (p.m.) to Friday at mid -shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two Week Pa�:Period The pay period for employees starts Friday mid -shift (p.m.) and continues for fourteen (14) days until Friday mid -shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the `B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday". An example is listed below: Non Associated Final 12/17/07 22 JT �T44 S �I �; .W MTh F >~' S ..; S iVI T Schedule-9999999BSchedule-9999999 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. A/B Schedule Changes FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Administrator approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave — As stated in the Non -Associated Resolution. 2. Sick Leave — As stated in the Non -Associated Resolution. 3. Executive Leave — As stated in the Non -Associated Resolution. 4. Bereavement Leave — As stated in the Non -Associated Resolution. 5. Holidays - As stated in the Non -Associated Resolution. 6. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the same as having occurred during the employees day off work, therefore, the employee will receive no added compensation. Non ,Associated final 12-17-07 - Reso.doc 23 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). Non Associated Final 12-17-07 - Reso.doc 24 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION All donation forms submitted to payroll will be date stamped and used in order received for each bi- weekly pay period. Zlultiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Department with questions regarding employee participation in this program. Non Associated final 12-17-07 - Reso.doc 25 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave RequestTorm Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and • I am not receiving disability benefits or Workers' Compensation payments. ent: ID#: Department Director Signature of Support Please submit this form to the Human Resources Department. Non Associated Final 12-17-07 - Reso.doe 26 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete _._ ,_ .... ........... - Name: (Please Print or Type: Last, First, MI) ork Phone: - ---------------- ---- Donor Job Title I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Please submit to the Human Resources Department. Non Associated final 12-17-07 - Rcso.doc 27 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Appointment of Fred Wilson as City Administrator COUNCIL MEETING DATE: August 4, 2008 _ CA ATT`��4C�H.IV�ENTS STAT JS � Ordinance legislative w/exhibits & le ( g' ive draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ E -PLANATION FOR MISSING ATTACHMENTS RCA Author: Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Monday, August 04, 2008 3:15 PM To: Esparza, Patty Subject: FW: new city manager From: Dapkus, Pat Sent: Monday, August 04, 2008 1:11 PM To: Flynn, Joan Subject: FW: new city manager Pat bapkus (714) 536-5579 (714) 536-5233 (FAX) Save A Tree - please don't print this unless you really need to. From: j gym [mailto:drrj26@yahoo.com] Sent: Friday, August 01, 2008 9:05 AM To: CITY COUNCIL Subject: new city manager Please reconsider hiring this guy from SanBerdo. Seems they are so glad to be rid of him, and we are getting someone full of problems. Are you aware he is accused of not investigating child molestation charges against someone - outrageous! Not to mention fiscal irresponsibility. Please think of our city and take the time to find someone qualified for us. He says the best thing he brings to HB is being in government a long time - that's not enough. AND that he knows inland empire but not a coastal city. This should not be an entry level job for someone who may be trying to get out a hole he dug himself (and his city) into. Please think of us citizens and do not approbve him on monday nite jackie M ;AMID:]