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Home My WebLink AboutMarch 2, 2004 - Special Municipal Election - Proposed City C I�ir�Uc Pow¢r�Poiwt � �u�l� i m�c�-i�q• 1.5,0� �ubl�c Co��,P�s PROPOSED DISTRICTS FOR CITY COUNCI L i 5 5 PROPOSED 3 4 DISTRICTS 2 1 5 5 PROPOSED CITY COUNCIL DISTRICTS 3 4 2 DISTRICT 1 � DOWNTOWN DISTRICT 1 � SEHB PROJECTS IN SOUTHEAST HUNTINGTON BEACH •AES PLANT •ASCON NESSI CLEANUP •POSEIDON DESALINATION PLANT •SANTA ANA RIVER BRIDGES •CENCO TANKS DISTRICT 1 *WATER RESEVOIR *SANITATION PLANT •BUSHARD TRUNK SEWER REPLACEMENT *WETLANDS & WILDLIFE CARE CENTER •HAMILTON EXTENSION •"WHITE HOLE" ISSUE •MOBILE HOME PARK ISSUES PROJECTS IN DOWNTOWN AREA •PACIFIC CITY •THE STRAND DISTRICT 1 •HYATT HOTEL •PARKING •MAIN STREET ISSUES/PIER PLAZA EVENTS •JULY 4T" PARADE/MARATHON •WATER FRONT RESIDENTIAL PROJECT •BOWEN COURT •THE FOUNTAINS IN HUNTINGTON BEACH •SEACLIFF SHOPPING CENTER 5� DISTRICT 1 PROJECTS a w m A ATLANTA CO WDOWNTOWN y/ � �y �Lq Y Z Q *SOUTHEAST H B Q Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be: District 1 : At the intersection of Clay Ave. and Goldenwest St., south on Goldenwest St. to the Pacific Ocean. South on the Pacific Ocean to the City boundary along the Santa Ana River. North on the Santa Ana River to Hamilton Ave. West on Hamilton Ave. to Bushard St North on Bushard St. to Atlanta Ave. West on Atlanta Ave. to Beach Blvd. North on Beach Blvd. to Yorktown Ave. West on Yorktown Ave. to Delaware St. North on Delaware St. to Clay Ave. West on Clay Ave. to Goldenwest St. District 4 At the intersection of Goldenwest St. and Clay Ave.; West on Clay Ave. to Delaware St. South.on Delaware St. to W.Yorktown Ave. West on Yorktown Ave:to�Worchester Ln: North on Worchester Ln to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to Grant Dr. East on Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on Hamden Ln. to Newhaven Ln. South on Newhaven Ln. to Bridgreport Dr. East on Bridgeport Dr. to Newland St. North On Newland St. to Warner Ave. West on Warner Ave. to Magnolia St. North on Magnolia St. to the City boundary tha�nerally follows Interstate 405. North on the City boundary to the City boundary that generally follows Heil Ave. West on the City boundary to Beach Blvd. North on Beach Blvd. to Heil Ave. West on Heil Ave. to Goldenwest St. South on Goldenwest St. to Clay Ave. 5 OSED TT UNCIL 3 4 DI CTS 2 Ora fowupol"'I Al #1 vlo I-1543 CITY COUNCIL DISTRICTING IMITATIVE SCOTT BAUGH: "DIFFICULT TO COMMUNICATE WITH 190,000 CITIZENS" CITY CLERK: LAST CITY COUNCIL ELECTION RESULTS 66109,450 REGISTERED VOTERS IN H B" REGISTERED VOTERS THAT VOTED: 54,784 -- 50% VOTED MINIMUM VOTE GETTER LAST ELECTION, 15,032 VOTE UNDER DISTRICTING 5 DISTRICTS: 10,950 VOTERS- PER DISTRICT (54,784 / 5) 2 CANDIDATES RUNNING IN A DISTRICT: 5,476 TO WIN 29% OF THE MINIMUM VOTE GETTER, LAST ELECTION EXAMPLE OF 3 DISTRICTS AND MULTIPLE CANDIDATES CANDIDATE WITH HIGHEST VOTE COUNT - WINS! ! DISTRICT 2: 2 RUNNING: NEED 5,476 TO WIN DISTRICT 4: 4 RUNNING: NEED 1 ,370 TO WIN DISTRICT 5: 3 RUNNING: NEED 1 ,825 TO WIN TOTAL FOR 3 COUNCIL MEMBERS: 8,671 THIS IS 57% OF MINIMUM VOTE GETTER IN THE LAST ELECTION AND THIS ELECTS 3 COUNCIL MEMBERS SCOTT BAUGH: CITYWIDE ELECTIONS "COUNCIL MEMBERS HAVE BEEN ELECTED WITH ONLY 12% OF THE VOTE" UNDER DISTRICTING: HIGHEST VOTE GETTER WINS IN A SINGLE DISTRICT WITH 4 CANDIDATES, YOU COULD BE ELECTED WITH 2.5% OF THE TOTAL VOTERS THAT VOTED IN THE LAST CITYWIDE ELECTION. DISTRICTING WILL BE A SPECIAL INTERESTS GROUP DREAM COME TRUE. DISTRICT 1 moo`' m PROJECTS U Q W m A ATLANTA CD 19sr DOWNTOWN y��y z Q *SOUTHEAST H B Z ,;; wIAL:: s EREST ELECTED CANDIDATES �s TRI? 4 T � 4� 5 gar .,v,;. .m'' ::,• __`,-, .'s,.r ^*..:`a:^';;i` •,i-.%z r'�".`. ;,;.;�x:';:'`-ci':,;:r. WHAT DOES THIS MEAN TO DISTRICT 1 ? - o DISTRICT 1 PROJECTS U Q W m A ATLANTA c c%o �sT DOWNTOWN y/Cy �1i,9 y Z Q SOUTHEAST HB Q Ang T SPECAIA ELECTED wIS� RLG�TS�N2�++ 4 �Sr�.�s ,.�, . o" o WHAT DOES THIS MEAN TO DISTRICT 1 ? DISTRIC T I WILL BE CONTROLLED BY OTHER DISTRICT SOR S PECIAL INTEREST GROUPS i BRIDGES FOUNTAIN VALLEY "CITY" COUNCIL GARFIELD BRIDGE VOTED AT LARGE B ALL VOTERS 7-0 AGAINST BRIDGE DISTRICTS VOTE ??? , BANNING BRIDGE r , K 1 L % y 4 3 I / 0 , h r. x i � � t r b Y PRO 0 IST C-rT,�, ,-,k 0R - -:CO3U� N—C I —o' t jt" 5 k �5�,•� � �� . _ ems'; ' od ��, � .... _, st .. .. it t k , T L k a x n a. � k i P i x� H+` ... � t w,. Ross, Rebecca From: Brockway, Connie Sent: Thursday, December 18, 2003 11:41 AM To: Braddock, Maryann Cc: Ehring, Liz; Jones, Dale; Ross, Rebecca; Esparza, Patty Subject: FW: Districting power point a ° DISTRICTING.ppt DISTRICTING2.ppt FYI. Marie is going to make the hard copy for the official file. Thanks Marie. Connie -----Original Message----- From: Brockway,' Connie Sent: Thursday, December 18, 2003 11:40 AM To: CITY COUNCIL Cc: Ehring, Liz Subject: FW: Districting power point A hard copy of Mr. and Mrs. Horack's presentation will be placed in the offical file of the council meeting. If you wish a hard copy please let me know. Connie -----Original Message----- From: Topper Horack [mailto:thorack@hbuhsd.kl2.ca.us] Sent: Wednesday, December 17, 2003 2 :31 PM To: cbrockway@surfcity-hb.org Subject: Districting power point Connie: Here are the two power point presentations. If you want them on cd's let me know and I will copy them and Marinka can drop them off. Topper I hope these are the right ones. Have a bunch of districting files. 1 i1e Ross, Rebecca From: Norm Firecracker Westwell [norm@modernpublic.com] Sent: Tuesday, December 30, 2003 7:42 PM To: rossr@surfcity-hb.org Subject: Power point per your request lw�� Wow a Pf elk* 5districts.pps Happy Holidays from the Firecracker! " V ---------------------------------------- ---------------------------------------- Norm "Firecracker" Westwell - Huntington Beach, CA Vice Chair, Libertarian Party of Orange County Libertarian Candidate, California 67th Assembly District & Future Mayor of HB norm@ModernPublic.com \ / THERE IS A PRICE FOR BEING FREE Torch of Liberty, enlightening the world www.ModernPublic.com It's your government - GET INVOLVED! 1 WARNING � Measure E 1 The No -Fair Districting Initiative is BAD for Residents We need MORE choices Not Le ss ! Take the No -Fair Districting Initiative Pop Quiz SEVEN Vacation Days WOO M11-111,14 . ........ ONE Vacation Day MONTIlES WEDTHURS FR1 SAT SUN r—' SEVEN ............... Bags of Money r...... { _.... - .,f...::: ��T, Via•. :; .:r -::. ji, ----g ,A w. . ONE Ba of �l r �.., x �� ',��•".%i� "j". art ' ........... .... .:.,33ry�9�"' SIMI Bags of Groceries 2c4 "I or only ONEWE � �\i�� / , o Groceries �z.zr e • y Via&' _ ._ .;,, ��q.-.,�,�. �_ W_ !�gR .. c.i"�p^''•, SEVEN Suits of Clothes ,,,, ��56'„fir•,� � .\wr,� z.y�'�,:vY>„n�� '�'',.:�/ �.n�`�:ii�•y: �q�/,L FEir;=�{r# }g ,` .� F& ��„ •�s "�� D ,�`y� .e'Ly- :ran ��•� � 4��„�"`"�� ;.� � �;� { �3 �`', lam'M,° � di q �k. aa ytE X �'= ;„FED�"• n .-�yix o' Hr ,I � • SEVEN. CHOICE 2 Cli" OICE I CH,010E menu C '�,'t)l I c 1, - 5 c oices OICE 4 or onl y � e ,ii- ONE menu PICK THIS choice ,SEVEN elected Representatives I Amh L -L- wpp �71 211 % or only ONE � } - < / , Re re s entati" ve y§ . � \\ � Would you rather vote every 4 years or every two years .? - We need MORE choices Not Le ss ! • Districts will promote division not unity • Districts will create fiefdoms of power • The number of volunteers for boards and commissions will be reduced • It will take less money than ever for outside interests to crush candidates who oppose them. Less GOVERNMENT is GOOD Less representation 0 i' s BAD If "we the people" don ' t VOTE N 0 ON MEASURE = E ( No-Fair Districting Initiative) HB residents will be confronted with the non-representative government we deserve ! HB RESIDENTS EDUCATATE YOURSELVES THIS IS IMPORTANT Tell your friends and neighbors vcllr ]K No MEASURE - E No - Fair Districting Initiative END `%.:ITY OF HUNTINGTON BEAGH MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER:CA2003-20 Council/Agency Meeting Held: ,3 Deferred/Continued to: ❑Approved ❑ Conditionally Approved '*Denied City ret's gnatu Council Meeting Date: November 17, 2003 Department ID Number: CA2003-20 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: DAVE SULLIVAN, CITY COUNCILMEMBER w -� -2-: PREPARED BY: 'CONNIE BROCKWAY, City Clerk Q ' —CC;;t'a• JENNIFER MCGRA ity Attorney -� y c-) SUBJECT: Adopt Resolution No. _�� "$ - Ordering Submission to V6ters of City Measure — Creation of Seven Councilmanic Districts, 0-ect6l by District, and Imposition of Lifetime Two Term Limit - Special Municipal Election March 2, 2004. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachments) Statement of Issue: Shall the City Council submit to the voters the following proposed City Charter Amendment at the March 2, 2004 election: Shall the Huntington Beach City Charter be amended, commencing with the November 2004 General Municipal YES Election, to provide for: (1) dividing the City into seven separately elected City Council districts instead of the existing City-wide election at-large; and (2) proposing an eight-year (two four year terms) lifetime limit on a NO councilmember's term of office, instead of the existing limit of two consecutive four year terms? :0i. Funding Source: Not Applicable. E� G:\RCA\2003\03 7-District Submission To Voters.doc 11/10/2003 9:48 AM REQUEST FOR ACTION MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER:CA2003-20 Actions Available to Council: Motion to: (a) Adopt Resolution No. -r,2003" , "A Resolution of the City Council of the City of Huntington Beach Ordering Submission To The Qualified Electors Of The City A Certain Measure Relating To The Amendment Of The City Charter To Provide For The Election Of Seven Councilmembers Each By District, Instead Of The Existing Seven Councilmembers Elected At Large, And To Impose A Lifetime Two Tenn Limit On Elected Councilmembers Instead Of The Existing Consecutive Two Term Limit,`or (b) Do not adopt Resolution No.,%1, 00 which would result in the measure not being submitted to the voters. Alternative Action(s): (See available actions) Analysis: On November 3, 2003, the City Council directed the City Attorney to prepare resolutions for the submittal of the above referenced measure to the voters. Approval of Resolution No. 2003- 9-6 , attached hereto as Attachment 1, orders the submittal of said question to the voters at the March 2, 2004 election. The,full text of the.proposed charter amendment is attached as Exhibit "A" to Attachment 1. To become effective, this measure requires (1) approval of a majority of the electors who vote on the measure at the election; and (2) if a competing measure is also approved, more affirmative votes than received by the competing measure (California Constitution, Article XI, Section 3d.) Environmental Status: Not Applicable. Attachment(s): City Clerk's . - NumberDescription Resolution No. e a - Ordering Submission to Voters of T N'T% x,. City Measure — Creation of Seven Councilmanic Districts, .a �g elected by District, and Imposition of Lifetime Two Term Limit - . Special Municipal Election March 2, 2004. "�/6,1/ ri��zG 1 ; :; <��nR;,are% RCA Author: JMP G:\RCA\2003\03 7-District Submission To Voters.doc - 11/10/2003 9:48 AM `fit' �( .a.- ,�Y='•.w,:=,. �i i :4 s`' - - ,;.,..��#_;.... .;�:.,<� raw ;,. .�.fir`_ .. _ _ �tJ�` i:��u�-✓:.� - - ., RESOLUTION NO. ,,?03-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A CERTAIN MEASURE RELATING TO THE AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF SEVEN COUNCILMEMBERS EACH BY DISTRICT, INSTEAD OF THE EXISTING SEVEN COUNCILMEMBERS ELECTED AT LARGE, AND TO IMPOSE A LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE EXISTING CONSECUTIVE TWO TERM LIMIT. WHEREAS, a Special Municipal Election on Tuesday, March 2, 2004 has been called by City Council Resolution No. 2002-78, adopted on August 4, 2002; and The City Council also desires to submit to the voters at the election a question relating to a proposed charter amendment to provide for the election of seven councilmembers each by district, instead of the existing seven councilmembers elected at large; and to impose a lifetime two term limit on elected councilmembers instead of the existing consecutive two term limit; and WHEREAS, the City Council is authorized and directed by constitutional provision and statute to submit the proposed charter amendment to the voters, NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach does resolve, declare, determine and order as follows: SECTION 1. That the City Council,pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question: Shall the Huntington Beach City Charter be amended, commencing with the November 2004 General Municipal YES Election, to provide for: (1)dividing the City into seven separately elected City Council districts instead of the existing City-wide election at-large; and (2) proposing an eight-year (two four year terms) lifetime limit on a councilmember's term NO of office, instead of the existing limit of two consecutive four year terms? �� !8 KMN reso/election/Mazch 2004 7-District Order of Submission To Voters SECTION 2. That the proposed measure submitted to the voters is attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. 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 day of , 2003. Mayor ATTEST: APPROVED AS TO FORM: c City Clerk �3i�tyAtto�mey tt, to��7 REVIEWED AND APPROVED: INITIATED AND APPROVED: �� . City Adm nistrator Ci y Clerk ION:; 'rho '• fi x- 2 reso/election/March 2004 7-District Order of Submission To Voters i EXHIBIT A A PROPOSAL TO AMEND THE CITY CHARTER OF THE CITY OF HUNTINGTON BEACH RELATING TO ELECTION OF SEVEN COUNCILMEMBERS EACH BY DISTRICT INSTEAD OF THE EXISTING SEVEN COUNCILMEMBERS ELECTED AT- LARGE; AND TO IMPOSE A LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE EXISTING CONSECUTIVE TWO TERM LMT. Section 300 shall be amended to read: Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. 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, except for City Council members who shall be elected by district, 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, except as provided below. 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 expiFatien of theiF Fespective teffns a until their successors are elected and qualified. All seven Four members of the City Council shall be elected at the general municipal election held in 2004 1966 one from each district. Districts 4, 6 and 7 shall initially be for a two-year term, and each fourth year thereafter. Districts 1, 2, 3, and 5 shall be for a four-year term, and each fourth year thereafter. "Th Fee FneffibeFS ef the Gity Geuncil shall be eleeted at the general municipal eleetien held in 1968, and eaeh feuFth year theFeafteF. Ne person shall be elected as a FnefnbeF ef the Gity coun two yeaFS of a term te which seme ether peFSen was eleeted a fnembeF shall be eleeted to 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 his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 300 (a) shall be added and shall read: Section 300 (a). DISTRICTS ESTABLISHED For the purposes of electing members of the City Council, the City shall be divided into seven districts as nearly equal in population as practicable. For the General Municipal election held in 2004, the boundaries of such districts shall be those described in Section 300 (b). Thereafter, the boundaries of such districts shall be subject to alteration and change under the provisions of this Charter. Said redistricting plan may describe the new boundaries by r" nje tp-map, a reso/electionsMarch 2004 7-District Exhibit A#I E � 1 I with the City Clerk. A metes and bounds description of the new boundaries need not be contained in said redistricting plan. Section 300 (b) shall be added and shall read: Section 300 (b). LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the districts shall be: District 1: At the intersection of Bolsa Chica Street and Edinger Avenue, south on Bolsa Chica Street to Heil Avenue. East on Heil Avenue to Springdale Street. South on Springdale Street to the city boundary. North and West on the city boundary to Warner Avenue. West on Warner Avenue to Pacific Coast Highway. North on Pacific Coast Highway to the city boundary east of Bayview Drive. North on the city boundary to Broadway. East on Broadway to Intrepid Lane. North on Intrepid Lane to the city boundary north of Remora Drive. West on the city boundary to Pacific Coast Highway. North on Pacific Coast Highway to the city boundary. Easterly on the city boundary to Sunset Way east. East on Sunset Way East to Edinger Avenue. East on Edinger Avenue to Bolsa Chica Street. District 2: At the intersection of Bolsa Chica Street and Edinger Avenue, north on Bolsa Chica Street to the northern city boundary. Follow the northern city boundary until the intersection of Beach Boulevard and Heil Avenue. West on Heil Avenue to Bolsa Chica Street. North on Bolsa Chica Street to Edinger Avenue. District 3: At the intersection of Heil Avenue and Springdale Street, south on Springdale Street to Slater Avenue. East on Slater Avenue to Marken Lane. North on Marken Lane to Friesland Drive. East on Friesland Drive to Newland Street. North on Newland Street to Warner Avenue. Follow the city boundary east, north and west to Heil Avenue. West on Heil Avenue to Springdale Street. District 4: At the intersection of Springdale Street and Slater Avenue, south on Springdale to the city boundary. South, east and north on the city boundary to Edwards Street. South on Edwards Street to Garfield Avenue. East on Garfield Avenue to Goldenwest Street. South on Goldenwest.Street to Yorktown Avenue. East on Yorktown Avenue to Lake Street. South on Lake Street to Adams Avenue. East on Adams Avenue to Beach Boulevard. North on Beach Boulevard to Talbert Avenue. East on Talbert Avenue to Newland Street. North on Newland Street to Friesland Drive. West on Friesland Drive to Marken Lane. South on Marken Lane to Slater Avenue. West on Slater Avenue to Springdale Street. ; District 5: 2 reso/elections March 2004 7-District Exhibit A#I At the intersection of Edwards Street and Garfield Avenue, east on Garfield Avenue to Goldenwest Street. South on Goldenwest Street to Yorktown Avenue. East on Yorktown Avenue to Lake Street. South on Lake Street to Adams Avenue. East'on Adams Avenue to Beach Boulevard. South on Beach Boulevard to Indianapolis Avenue. East on Indianapolis Avenue to Newland Street. South on Newland Street to Atlanta Avenue. West on Atlanta Avenue to Beach Boulevard. South on Beach Boulevard to the Pacific Ocean. North on the Pacific Ocean to the city boundary. East and south on the city boundary that generally Pacific Coast Highway. Follow the city-boundary east and north to the point where the city boundary meets Edwards Street— South on Edwards Street to Garfield Avenue. District 6: At the intersection of Indianapolis Avenue and Newland Street, south on Newland Street to Atlanta Avenue. West on Atlanta Avenue to Beach Boulevard. South on Beach Boulevard to the Pacific Ocean. South on the Pacific Ocean to the city boundary along the Santa Ana River. North on the city boundary along the Santa Ana River to Adams Avenue. West on Adams Avenue to Vintage Lane. South on Vintage Lane to Kelso Drive. West on Kelso Drive to Norcroft Lane. South on Norcroft Lane to Larthorn Drive. East on Larthorn Drive to Camfield Lane. South on Camfield Lane to Charford Drive. East on Charford Drive to Ives Lane. South on Ives Lane to Indianapolis Avenue. West on.Indianapolis Avenue to Newland Street. District 7: At the intersection of Beach Boulevard and Adams Avenue, north on Beach Boulevard to Talbert Avenue. East on Talbert Avenue to Newland Street. South on Newland Street to Garfield Avenue. East on Garfield Avenue to the city boundary along the Santa Ana River. South on the city boundary along the Santa Ana River to Adams Avenue. West on Adams Avenue to Vintage Lane. South on Vintage Lane to Kelso Drive. West on Kelso Drive to Norcroft Lane. South on Norcroft Lane to Larthorn Drive. East on Larthorn Drive to Camfield Lane. South on Camfield Lane to Charford Drive. East on Charford Drive to Ives Lane. South on Ives Land Indianapolis Avenue. West on Indianapolis Avenue to Beach Boulevard. North on Beach Boulevard to Adams Avenue. Section 300 (c) shall be added and shall read: Section 300 (c). COUNCIL MEMBER RESIDENCY REQUIREMENTS There shall be only one member from each district on the City Council. Every Council member shall be an actual resident and elector of the district from which the Council member is nominated. Any Council member who;, oyes frQjm t_ e district of which the Council member was nominated forfeits f ce; N Section 300 (d) shall be added and shall read: Section 300 (d). TERM LIMITS r :_w Commending with the General Municipal election in 2004, no person shall be L elected as a member of the City Council for more than two terms, and prospectively no person who has been a member for two or more years of a term 3 reso/electionsMarch 2004 7-District Exhibit A# to which he or she or some other person was elected a member shall be elected to the City-Council more than one further term. Section 300 (e) shall be added and shall read: Section 300 (e). REDISTRICTING Within six months of the completion of each federal decennial census, the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. District boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the districts. Such boundary alteration shall be made in accordance with Elections Code Section 21620-21620.1 and other applicable Federal and California laws, and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the City Council. Any such ordinance adopted within one hundred twenty days immediately preceding any election of Council members shall not become effective until the day following such election. No redistricting shall disqualify any Council member from serving as the Council member from the district he or she was nominated or appointed for the remainder of his or her term, if elected, or until the next general municipal election, if appointed. Section 300 (f) shall be added and shall read: Section 300 (f). ADDITIONAL TERRITORY. Any territory constituting a part of the City and not specifically included in any district shall be deemed included in the district with which it has the longest common boundary line. If there shall be no common boundary with any district, then such territory shall be deemed included in the nearest district to it. ' h T410%,; �. 4 reso/electionsMarch 2004 7-District Exhibit A#I �i 2 1 3 4 ��. �� ;r 7 5 _:, 2 '•. 6 �:,��, :� �,, _ _� ._. ?.��. y, RCA ROUTING SHEET INITIATING DEPARTMENT: Office of the City Attorne SUBJECT: Adopt Res. No.ac03 S5 - Ordering Submission to Voters of City Measure - Creation of Seven Councilmanic Districts, elected by District, and Imposition of Lifetime Two Term Limit - Special Municipal Election March 2, 2004 COUNCIL MEETING DATE: November 17, 2003 ..............�.,.....,...:..:,. .,ter.;,::,�„A. . � w" m �LeAq, ym 9 � x STATUSF�;` ``-:: ; ATTACHMENT Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome ) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) 1- Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ; - �.� AREXPLANAT<.:, a r,. ,,,.., O.N F:OR:MISSING ATTACHMENTS , REVIEW D wn.r, t E RETURTIED °"% FORWARDEDx Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATIO`NFrOR RETURN K_ �.r.w.._m.�s»�a_„r.,e>..,,as.,�.,..,—..Ya..,.n,-<.w.v,�:-. (BelowSpaceFor City Clerk's Use Only) RCA Author: JMP NOV-14-2003 01 :45 PM BOB. POLKOW 714 962 4810 P. 01 BOB POLKOW 21772 Oceanview Lane ' - ` Li Huntington Beach,Ca 92646-8215 GI '` CLERK Home Phone(714)982-4810 G d T Y O F Email RPolkowQaol.com HUNTINGTON BEACH, CA 1003 NOV I u P 2: 1 b November 14,2003 City Council Agenda item Fla and 172b, 17 Nov 03 Dave Sullivan, in my opinion, is not one to kowtow to subversive control of our city and has sought to "represent" the constituents in small and major controversies but, he is perhaps unknowingly, creating a major speed bump for the FAIR districting initiative that so many Huntington .Beach voters willingly signed into a proposal to be considered by the voters. A seven district alternative will divide the vote for districting. This of course will be welcomed by those that are afraid control of our city will, once again, be given back to the people instead of the small well organized opponents of any proposition that may cause them to relinquish the control they have enjoyed for the last 20 years. If our council members are sincere in believing that the people do not want they member FAIR districting initiative they, as the peoples advocate, will not approve any ballot measure that will not only cause confusion in the voting booth but, if passed,be again the end of the peoples control of our city. I really do not think Lave Sullivan wants to thwart the will of the people. I would suggest that Debbie Cook is right. if the FAIR initiative is not the will of the voters it will die a natural death. Let's not use subversive means to sabotage it. O;1'E elr72 O Qceanview Lane, Huntington Beach, Ca 92646-8215 (714)962-4810 -*,.,ITY OF HUNTINGTON BEAGH MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER:CA2003-20 Council/Agency Meeting Held: 0-3 Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City �6rkt S nature Council Meeting Date: November 17, 2003 Department ID Number: CA2003-20 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION T SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Ei -Z SUBMITTED BY: DAVE SULLIVAN, CITY COUNCILMEMBER PREPARED BY: CONNIE BROCKWAY, City Clerk 0 JENNIFER MCGRAT ity Attorney .0 .D SUBJECT: Adopt Resolution No.,4?66.3 - Sets Priorities for Written Arguments Re: City Measure Creation of Seven Councilmanic Districts, elected by District, and Imposition of Lifetime Two Term Limit Special Municipal Election March 2, 2004. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: WRITTEN ARGUMENTS: If Council wishes to have first priority to file arguments relative to the measure to create a seven councilmanic districts,, the Council may vote to: (1) Authorize and name Councilmembers to file argument in favor (2) Authorize and name Councilmembers to file argument against (3) Authorize and name Councilmembers to file an argument in favor and an argument against. (Sometimes done to allow minority of members to file opposing arguments.) If Councilmembers choose not to authorize its members to file written arguments, the City Clerk will select written arguments pursuant to State Elections Code 9287. IMPARTIAL ANALYSIS: The inclusion of an Impartial Analysis in the Voter Information Pamphlet is optional. The City Council may direct the City Attorney to prepare an impartial analysis for this measure. r, Funding Source: Not Applicable. V0 �� OPJ roo, G:\CLOSED\LAWSTAT\2003\seven council member district.doc - = 11/7/200312:41 PM REQUEST FOR ACTION MEETING DATE: November 17, 2003 DEPARTMENT ID NUMBER:CA2003-20 Actions Available to Council: Motion to: (a) Adopt Resolution No.aa63 8� after naming Councilmembers authorized to file written arguments, and to direct the preparation of an Impartial Analysis — "A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument Regarding a City Measure (A Proposed Amendment to the City's Charter) and Directing the City Attomey to Prepare an Impartial Analysis of Said Measure;"or (b)Adopt Resolution No.0?036 , as amended, to not give Council first priority to file written arguments but to direct the preparation,of an impartial analysis; or (c) Do not.adopt any part of Resolution which would result in priority not given.to Council, and no Impartial Analysis. Alternative Action(s): (See available actions) Analysis: The State Elections Code provides that Council may authorize it's members (no more than 5 Councilmembers) to file written arguments regarding city measures. This gives first priority to the Councilmembers' argument being selected by the City Clerk if more than one argument is filed. Preparation by the City Attorney of an Impartial Analysis for the Voter Information Pamphlet is optional. Traditionally the City Council has adopted this portion of the resolution which directs the City Attorney to prepare an Impartial Analysis of the Measure which shows the effects of the measure on the existing law and the operation of the Measure. Environmental Status: Not Applicable. Attachment(s): NumberCity Clerk's Page • • 1. Resolution No.,ROJ,3"�?4 - Sets Priorities for Written Arguments � :as Re: City Measure — Creation of seven councilmanic districts,- Special Municipal Election March 5, 2004. Election Code, Sections 9280 - 9287 RCA Author: C. Brockway, x5404 G:\CL0SED\LAWSTAT\2003\seven council member district.doc 11/7/200312:41 PM ATTACHMENT NO . 1 RESOLUTION NO. aGGt3�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE(A PROPOSED CHARTER AMENDMENT)AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURE WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 2, 2004, at which there will be submitted to the voters the following measure("Measure"); which Measure consists of a proposed charter amendment: Shall the Huntington Beach City Charter be amended, commencing with the November 2004 General Municipal YES Election, to provide for: (1)dividing the City into seven separately elected City Council districts instead of the existing City-wide election at-large; and(2) proposing an eight-year (two four year terms) lifetime limit on a councilmember's term NO of office, instead of the existing limit of two consecutive four year terms? NOW,THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California, does resolve, declare, determine and order as follows: SECTION 1. That the City Council authorizes (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) members of that body,to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City WON k . aid gument tQ,, s: e't Reso/Election/March 2004 7-District Written Arguments and Impartial Analysis xti be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization,the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the Office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. 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 day of 2003. Mayor ATTEST: APPROVED AS TO FORM: i City Clerk jity U (o 03 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adm0dsitrator City Clerk erw P 41 y .6. Reso/Election/March 2004 7-District Written Arguments and Impartial Analysis I `f xt; A ATTACHMENT NO . 2 CA Codes (elec:9280-9287) Page 1 of 3 ELECTIONS CODE SECTION 9280-9287 9280. Whenever any city measure qualifies for a place on the ballot, the governing body may direct the city elections official to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure If you desire a copy of the ordinance or measure, please call the elections official's office at (insert telephone number) and a copy will be mailed at no cost to you. " 9281. If no other method is provided by general law, or, in the case of a chartered city, by the charter or by city ordinance, arguments for and against any city measure may be submitted to the qualified voters of the city pursuant to this article. If a method is otherwise provided by general law, or, in the case of a chartered city, by charter or city ordinance, for submitting arguments as to a particular kind of city measure, that method shall control. 9282. The legislative body, or any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any city measure., No argument shall exceed 300 words in length. The city elections official shall cause an argument for and an argument against the measure to be printed along with the following statement on the front cover, or if none, on the heading of the first page, of the printed arguments: "Arguments in support or opposition of the proposed laws are the opinions of the authors. " The city elections official shall enclose a printed copy of both arguments with each sample ballot; provided, that only those arguments filed pursuant to this section shall be printed and enclosed with the sample ballot. The printed arguments are "official matter" within the meaning of Section 13303. Printed arguments submitted to voters in accordance with this section shall be titled either "Argument In Favor Of Measure " or "Argument Against Measure accordingly, the blank spaces being filled in only with the letter or number, if any, designating the http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=09001 A 0000&file=... 11/12/2003 CA Codes (elec:9280-9287) Page 2 of 3 measure. At the discretion of the elections official, the word "Proposition" may be substituted for the word "Measure" in such titles. Words used in the title shall not be counted when determining the length of any argument. 9283. A ballot argument shall not be accepted under this article unless accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five persons, the signatures of the first five shall be printed. 9285. (a) If any person submits an argument against a city measure, and an argument has been filed in favor of the city measure, the elections official shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The elections official shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal to the argument in favor of the city measure not exceeding 250 words. The rebuttal arguments shall be filed with the elections official not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument it seeks to rebut. (b) Subdivision (a) shall only apply if, not later than the day on which the legislative body calls an election, the legislative body, adopts its provisions by majority vote, in which case subdivision (a) shall apply at the next ensuing municipal election and at each municipal election thereafter, unless later repealed by the legislative body in accordance with the procedures of this subdivision. 9286. (a) Based on the time reasonably necessary to prepare and print the arguments and sample ballots and to permit the 10-calendar-day public examination as provided in Article 6 (commencing with Section 9295) for the particular election, the city elections official shall fix a date 14 days from the calling of the election as a deadline, after which no arguments for or against any city measure may be submitted for printing and distribution to the voters, as provided in this article. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the city elections official during the normal business hours of the elections official's office, as posted. (b) This section is not applicable when the election is consolidated with another election pursuant to Part 3 (commencing with Section 10400) of Division 10. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=09001-10000&file=... 11/12/2003 CA Codes (elec:9280-9287) Page 3 of 3 9287. If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the city elections official shall give preference and priority, in the order named, to the arguments of the following: (a) The legislative body, or member or members of the legislative body authorized by that body. (b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. (c) Bona fide associations of citizens. (d) Individual voters who are eligible to vote on the measure. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=09001-10000&file=... 11/12/2003 RCA ROUTING S HEET INITIATING DEPARTMENT: Office of the City Aftorney SUBJECT: Adopt Res. No. Sets Priorities for Written Arguments Re: City Measure - Creation of Seven Councilmanic Districts - Special Municipal Election March 4, 2003 COUNCIL MEETING DATE: November 17, 2003 ........ ",RNMV "RC AHMENTS- - K Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not.Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable '0-R-MISSING,ATTACHME wa 'EX15LANATI N�� F, ........... RETURNED FORWARDED; , REVIEWED V '- Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk .�EXPLAN' t RETURN _ITEMr . (Below Space For City Clerk's Use Only) RCA Author: C. Brockway, x5404 1HCITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Dave Sullivan, City Council Member Date: October 28, 2003 Subject: "H"ITEM FOR NOVEMBER 3, 2003, CITY COUNCIL MEETING— SEVEN COUNCIL MEMBER DISTRICTING PLAN FOR THE MARCH 2, 2004 BALLOT. STATEMENT OF ISSUE: Sufficient signatures were collected to place a districting initiative on the March 2, 2004, ballot. Many feel that a five-member City Council would not be able to efficiently conduct city business, especially in the area of filling City Council subcommittees. The voters should have an opportunity to consider a seven-district plan. RECOMMENDED ACTION: Direct the City Attorney to prepare all the appropriate documentation for the November 17, 2003, City Council Meeting for City Council consideration and possible placement of the enclosed "Seven Council Member Districting Plan" on the March 2, 2004 ballot. Xc: Ray Silver, o Bill Workman Connie Brockway C Jennifer McGrath �v C) r 00 ;2f co r- 70 Fri CD ^: J � SCOTT R. BAUGH 6662 Blue Heron Drive Huntington Beach,CA 92648 October 23,2003 i Mayor Connie Boardman Councilmember Pam Julien Houchen Councilmember Debbie Cook Councilmember Cathy Green Councilmember Jill Hardy Councilmember Dave Sullivan I' Councilmember Gil Coerper 2000 Main Street Huntington Beach, California 92648 i RE: Seven Council Member Districting Plan Dear Mayor Boardman and City Council members: As you know,the FAIR Initiative is slated to be on the March 2, 2004 ballot. The FAIR Initiative proposes to reduce the City Council from seven members to five members,establish five districts for the City of Huntington Beach, and place a two-term limit for City Council members. In the process of circulating the FAIR Initiative several people who signed the petition told me that they supported establishing districts, yet they preferred to have seven districts instead of five districts. After submitting the requisite number of signatures, I { have had numerous conversations with citizens in Huntington Beach who likewise relayed to me that they are supporting the FAIR Initiative, yet they would prefer to have seven council members instead of five. It is also my understanding that most, if not all, of the current City Council members prefer to have seven council members instead of five. To that end, I have prepared an alternative measure for your consideration. The alternative measure proposes to keep the city council at seven members, establish seven districts and establish a two-term limit for all council members. The alternative measure is enclosed with this letter for your convenience. As I previously wrote to you in January of this year, I personally prefer five members on the City Council but a seven member council is equally supportable. I look forward to your thoughtful consideration of this alternative measure. Sincerely, G Scott Baugh w/enclosure I, cc: City Attorney, Jennifer McGrath w/enclosure City Clerk, Connie Brockway w/enclosure I 2 1 3 4 5 6 Huntington Beach City Charter Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) Charter-Amendments Charter Election Certified - Res. No. 773 Results 05/03/37...05/17/37 Amendments...............................................................02/02/40 Amendments...............................................................01/29/47 Amendments...............................................................01/27/49 Amendments...............................................................05/09/49 Revised......................................................................05/01/50 NewCharter...............................................................02/10/66 Amendments...............................................................01/18/71 Amendments...............................................................06/05/75 Amendments....................._.........................................12/10/76 Amendments...............................................................07/17/78 Amendments........(Consolidation November).....................12/09/82 Amendments...............................................................12/07/84 Amendments...............................................................12/07/90 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 II. FORM OF GOVERNMENT Section 200. Council-Administrator 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 Administrator. Composition,Term, Eligibility, Removal Section 401. Powers and Duties Section 402. Acting City Administrator 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, i When Effective and Codification j Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices h ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Administrator 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 I Section 606. Determination of City Tax Rate f 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 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 I ARTICLE VIII. MISCELLANEOUS Section 800.Transition Section 801. Definitions Section 802. Violations l (*)Following is a motion adopted by the City Council on July 11, 1994. Inclusion of this motion on this page of the Charter is for recordkeeping purposes. Should the City Council rescind this motion,reference to it on this page of the Charter must be Iremoved: It is the intent of Charter Section 612,the Measure"C"amendment,that I , C a vote of the people be the final approval of projects approved by the city for construction on park land or beaches. Therefore, all projects falling under the criteria of Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people.The cost for the ballot measure shall be bome by the I applicant for the project. If the project requires a lease or other financial consideration,the terms and conditions of the lease and/or financial aspect of the project shall be included in the information provided for the Charter Section 612 vote. (City Council Minute Action of July 11, 1994) ICHARTER We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the fundamental law of the City of Huntington IBeach under the Constitution of the State of California. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington i Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. i 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. I Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. i 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 Califomia. 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. i I back to top ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator form of government. �►bade to top ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER., Deleted: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, except for City Council members who shall be elected by district, 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, except as provided below. 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 Jintil their Deletrzd:until the expiration of successors are elected and qualified. Ail seven,members of the City Council shall their respective terms and be elected at neral munici al election held in 2 i Deleted:Four Districts 4 6 and 7 s a uut�a v or a o-vear erm,an eac o year -- thereafter. Districts 12.3 and 5 shall be for a four-year term, and each fourth 1966 year.thereafter.Subject to the provisions of this Charter, the City Clerk,City Deleted:Three members of the Treasurer and City Attorney in office at the time this Charter takes effect shall City Council shall be elected at continue in office until the expiration of their respective terms and the the general municipal election qualification of their successors. A City Clerk and City Treasurer shall be elected held in 1968,and each fourth year thereafter.No person shall at the general municipal election held in 1968, and each fourth year thereafter. be elected as a member of the A City Attorney shall be elected in 1966, and each fourth year thereafter. City Council for more than two The term of each member of the City Council, the City Clerk, the City Treasurer consecutive terms and no person and the CityAttorney shall commence on the first Monday following his election. who has been a member for Y Y 9 more than two years of a tern to Ties in voting among candidates for office shall be settled_by the casting of lots. which some other person was elected a member shall be Section 300(a)shall be added and shall read: elected to the er c nsecuCouncti more - than one further consecutive term. Section 300(a).DISTRICTS ESTABLISHED For the purposes of electing members of the City Council,the City shall be divided into seven districts as nearly equal in population as practicable. For the General Municipal election held in 2004,the-boundaries of such districts shall be those described in Section 300(b). Thereafter,the boundaries of.such districts shall be subiect to alteration and change under the provisions of this Charter. Said redistricting plan may describe the new boundaries by reference to map on file with the City Clerk. A metes-and bounds description of the new boundaries need not be contained in said redistricting plan. Section 300(b)shall be added and shall read: back to top ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator form of government. back to top ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. Deleted: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 except for City Council members who shall be elected by district, 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, except as provided below. 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 juntil_their Deleted:until the expiration of successors are elected and qualified. All seven members of the City Council shall their respective terms and be QI neral munici ai election held in 2 district. Deleted:Four Districts 4 6 and 7 tourth year, thereafter. Districts 1,2,3 and 5 shall be for a four-year term,, 04 �L fourth Deleted:1966 year.thereafter.,Subject to the provisions of this Charter, the City Clerk, City Deleted:Three members of the Treasurer and City Attorney in office at the time this Charter takes effect shall City Council shall be elected at continue in office until the expiration of their respective terms and the the general municipal election qualification of their successors. A City Clerk and City Treasurer shall be elected held t and each fourth year therreafteaft er.No person shall at the general municipal election held in 1968, and each fourth year thereafter. - -be elected as a member of the A City.Attorney shall be elected in 1966, and each fourth year thereafter. . _ City Council for more than two The term of each member of the City Council, the City Clerk, the City Treasurer consecutive terms and no person and the CityAttorney shall commence on the first Monday following his election. who has been a member for Y Y 9 more than two years of a term to Ties in voting among candidates for office shall be settled-by the casting of lots. which some other person was elected a member shall be elected to the City Council more Section 300(a)shall be added and shall read: than one further consecutive term. Section 300 (a).DISTRICTS ESTABLISHED For the purposes of electing members of the City Council,the City shall be divided into seven districts as nearly equal in population as practicable. For the General Municipal election held in 2004,the-boundaries of such districts shall be those described in Section 300(b). Thereafter,the boundaries of such districts shall be subject to alteration and change under the provisions of this Charter. Said redistricting plan may describe the new boundaries by reference to map on file with the City Clerk. A metes-and bounds description ofthe new boundaries need not be contained in said redistricting plan. Y; Section 300(b)shall be added and shall.read: I Section 300(b) LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries 1 of the districts shall be: District 1: IAt the intersection of Bolsa Chica Street and Edinger Avenue, south on Bolsa Chica Street to Heil Avenue. East on Heil Avenue to Springdale Street. South on Springdale Street to the city boundary. North and West on the city boundary to Warner Avenue. West on Warner Avenue to Pacific Coast Highway. North on Pacific Coast Highway to the city boundary east of Bayview Drive. North on the city boundary to Broadway. East on Broadway to Intrepid Lane. North on Intrepid I Lane to the city boundary north of Remora Drive. West on the city boundary to Pacific Coast Highway. North on Pacific Coast Highway to the city boundarv. Easterly on the city boundary to Sunset Way east. East on Sunset WE East to Edinger Avenue. East on Edinger Avenue to Bolsa Chica Street. District 2: At the intersection of Bolsa Chica Street and Edinger Avenue,north on Bolsa Chica Street to the northern city boundary. Follow the northern city boundary until the intersection of Beach Boulevard and Heil Avenue. West on Heil Avenue to Bolsa Chica Street. North on Bolsa Chica Street to Edinger Avenue. District 3: I At the intersection of Heil Avenue and Springdale Street,south on Springdale Street to Slater Avenue. East on Slater Avenue to Marken Lane. North on Marken Lane to Friesland Drive. East on Friesland Drive to Newland Street. North on Newland Street to Warner Avenue. Follow the city boundary east,north and west to Heil Avneue. West on Heil Avenue to Springdale Street. District 4: At the intersection of Springdale Street and Slater Avenue, south on Springdale to the city boundarv. South,east and north on the city boundary to Edwards Street. I South on Edwards Street to Garfield Avenue. East on Garfield Avenue to Goldenwest Street. South on Goldenwest Street to Yorktown Avenue. East on Yorktown Avenue to Lake Street. South on Lake Street to Adams Avenue. East on Adams Avenue to Beach Boulevard. North on Beach Boulevard to Talbert Avenue. East on Talbert Avenue to Newland Street. North on Newland Street to Friesland Drive. West on Friesland Drive to Marken Lane. South on Marken Lane to Slater Avenue. West on Slater Avenue to Springdale Street. l 1 District 5: At the intersection of Edwards Street and Garfield Avenue,east on Garfield Avenue to Goldenwest Street. South on Goldenwest Street to Yorktown Avenue. East on ' Yorktown Avenue to Lake Street. South on Lake Street to Adams Avenue. East on Adams Avenue to Beach Boulevard. South on Beach Boulevard to Indianapolis Avenue. East on Indianapolis Avenue to Newland Street. South on Newland Street to Atlanta Avenue. West on Atlanta Avenue to Beach Boulevard. South on Beach Boulevard to the Pacific Ocean. North on the Pacific Ocean to the city boundary. East and south on the city boundary that generally Pacific Coast Highway. Follow the city boundary east and north to the point where the city boundary meets Edwards Street. South on Edwards Street to Garfield Avenue. District 6: At the intersection of Indianapolis Avenue and Newland Street,south on Newland Street to Atlanta Avenue. West on Atlanta Avenue to Beach Boulevard. South on Beach Boulevard to the Pacific Ocean. South on the Pacific Ocean to the city boundary along the Santa Ana River. North on the city boundary along the Santa Ana River to Adams Avenue. West on Adams Avenue to Vintage Lane. South on Vintage Lane to Kelso Drive. West on Kelso Drive to Norcroft Lane. South on Norcroft Lane to Larthorn Drive. East on Larthorn Drive to Camfield Lane. South on Camfield Lane to Charford Drive. East on Charford Drive to Ives Lane. South on Ives Lane to Indianapolis Avenue. West on Indianapolis Avenue to Newland Street. District 7: 1 At the intersection of Beach Boulevard and Adams Avenue,north on Beach Boulevard to Talbert Avenue. East on Talbert Avenue to Newland Street. South on Newland Street to Garfield Avenue. East on Garfield Avenue to the city boundary along the Santa Ana River. South on the city boundary alone the Santa Ana River to I Adams Avenue. West on Adams Avenue to Vintage Lane. South on Vintage Lane to Kelso Drive. West on Kelso Drive to Norcroft Lane. South on Norcroft Lane to Larthorn Drive. East on Larthorn Drive to Camfield Lane. South on Camfield Lane to Charford Drive. East on Charford Drive to Ives Lane. South on Ives Land Indianapolis Avenue. West on Indianapolis Avenue to Beach Boulevard. North on Beach Boulevard to Adams Avenue. L Section 300(c)shall be added and shall read: Section 300(c). COUNCIL MEMBER RESIDENCY REQUIREMENTS There shall be only one member from each district on the City Council. Every Council member shall be an actual resident and elector of the district from which the I I I Council member is nominated. Any Council member who moves from the district of Iwhich the Council member was nominated forfeits the office. Section 300(d)shall be added and shall read: ISection 300(d).TERM LIMITS Commencing with the General Municipal election in 2004.no person shall be elected as a member of the City Council for more than two terms,and prospectively no person who has been a member for two or more years of a term to which he or she or some other person was elected a member shall be elected to the City Council more than one further term. ISection 300(e)shall be added and shall read: Section 300(e). REDISTRICTING Within six months of the completion of each federal decennial census,the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. District boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the I districts. Such boundary alteration shall be made in accordance with Elections Code Section 21620-21620.1 and other applicable Federal and California laws, and by ordinance adopted by affirmative vote of at least two-thirds of the full membership ' of the City Council. Any such ordinance adopted within one hundred twenty days immediately preceding any election of Council members shall not become effective until the day following such election. No redistricting shall disqualify any Council member from serving as the Council member from the district he or she was nominated or appointed for the remainder of his or her term, if elected,or until the next general municipal election, if appointed. ISection 300(fl shall be added and shall read: Section 300(fl. ADDITIONAL TERRITORY. i Any territory constituting a part of the City and not specifically included in any district shall be deemed included in the district with which it has the longest common boundary line. If there shall be no common boundary with any district,then such territory shall be deemed included in the nearest district to it. 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 I I 1 I authorized traveling and ol. expenses when on official duty upon submi_ ..in 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 Councilmen. Section 303. MEETINGS AND LOCATION. I (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 I 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 'C 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 f 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 mall 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 I the business to be transacted. No other business shall be considered at such lmeeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. Such waiver may be given by telegram.This notice requirement shall be considered fulfilled as to any I 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 I 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. 1 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. 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 i I 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. 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 Administrator, or by any of the department heads in administrative service of the City, of any 1 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 Administrator solely through the City Administrator, and no member of the City Council shall ' give orders to any subordinate of the City Administrator, either publicly or privately. 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 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 three years prior to his 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 his employment or by reason of his official capacity. (d)Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his 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 his successor all books, papers, files, and documents pertaining Ito the City's affairs. Section 310. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to: I (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 books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or I posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use. I (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 I 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 (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Clerk shall be three years of relevant work experience which demonstrates record management skills and practice of administrative procedures. (12/7/84) Section 311. CITY TREASURER. POWERS AND DUTIES. 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 his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all I receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management. (Charter Amendment 12/7/84) Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. j (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 is convicted of a crime involving 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. (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 Administrator 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. .,back to top ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY ADMINISTRATOR. COMPOSITION,TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Administrator who shall be the chief administrative officer of the City. (b)Term.The Administrator 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 Administrator 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 Administrator or Acting City Administrator 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 Administrator 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 Administrator 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 Administrator shall be furnished with a written notice stating the Council's intentions and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator 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 Administrator shall appear and be heard at such hearing.After furnishing the City Administrator with written notice of the intended removal, the City Council may suspend the Administrator from duty, but his compensation shall continue until removal as herein provided. In removing the City Administrator, 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 administrator 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 Administrator 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 Administrator shall have the power and be required to: (a)Appoint, promote, demote, suspend or remove department heads, officers I and employees of the City except elective officers. However, no department head shall be appointed or removed until the City Administrator 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. i (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 I 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. (h) 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 except those directly appointed by the City Council and prescribe I such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by I the City Council. r i i Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the City Administrator, the Assistant City Administrator shall serve as Acting City Administrator. During any temporary absence or disability of both the City Administrator, and the Assistant City Administrator, the City Administrator shall appoint one of the other officers or department heads of the City to serve as Acting City Administrator. In the event the City Administrator 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 i City Administrator, 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 Administrator, Assistant City Administrator 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, provided, however, that once included within the system, no officer or employee shall be withdrawn therefrom (unless the office or position is actually abolished or eliminated) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. 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. ..baa to top 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 second reading, 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. (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; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; i I (3) An ordinance declaring the amount of money necessary to be raised II 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 (I 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 II 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. 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. 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. �back to top ARTICLE VI i FISCAL ADMINISTRATION Section 600. FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless otherwise i established by ordinance. Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator, 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 Administrator. In preparing the proposed budget, the City Administrator 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 Administrator shall submit the proposed budget to the City Council at least sixty 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 Administrator, 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 Administrator 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 i 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 I 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 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 $100,000.00 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. (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. (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. (12/7/90) 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 Administrator 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 Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an j i expenditure of more than Twenty-five Thousand Dollars ($25,000) for the construction or improvement(excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Twenty-five Thousand Dollars ($25,000), 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 i advertising for bids if the total amount of the contract or project is less than Twenty-five Thousand Dollars ($25,000), the City Council may declare and determine that in its opinion, the work in question may be performed better or more economically by the City with its own employees, or that the materials or I 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 Iobservance of the provisions of this section. All public works contracts exceeding the sum of Twenty-five Thousand Dollars ($25,000) may be let and purchases exceeding the sum of Twenty-five I Thousand Dollars ($25,000) 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 I 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. I The City Council shall by ordinance regulate the granting of franchises for the City. I 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. back to top ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the first Tuesday in. November in each even numbered year. (12/9/82) 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 j may be amended, governing the initiative and referendum and the recall of I ; 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. I i 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. Additionally, candidates for City Council must collect said signatures from electors residing in the district where the candidate resides. I back to top 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. i k (e)The masculine includes the feminine and the feminine includes the y masculine. (f)The singular includes the plural and the plural the singular. j (g) "Person" includes firm and corporation. Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall ' be punishable upon conviction by a fine not exceeding Five Hundred Dollars f ($500) or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any such violation continues shall constitute a separate violation.