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HomeMy WebLinkAboutMarch 26, 1996 - Special Municipal Election - City Charter A Council/Agency Meeting Held: Deferred/Continued to: ❑Approved Conditionally Approved ❑Denied City Clerk's SYgnature Council Meeting Date: May 6, 1996 Department ID Number: CK 96-005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK �e Y _ PREPARED BY: CONNIE BROCKWAY,CITY CLERK RESOLUTION NO. 96-34-SPECIAL MUNICIPAL ELECTION RE~ T�MAR H 26 SUBJECT: SUL S/ C , 1996-PROPOSED CHARTER AMENDMENTS EE(CITY TREASURER)AND FF (CITY ATTORNEY)AND ADVISORY MEASURE GG(YOUTH SPORTS/SENIOR CENTER SITEBEACH-PARKS IMPROVEMENTS) 11 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) STATEMENT OF ISSUE: Resolution No. 96-34 recites the facts of the Special Municipal Election consolidated with the Statewide Primary held in said city on the 26th day of March, 1996, declaring the results thereof and such other matters as provided by provisions of the City Charter and the Elections Code of the State of California (Measures EE,FF and Advisory Measure GG). RECOMMENDATION: ADOPT RESOLUTION NO. 96-34 - "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW' - (Special Municipal Election Results - March 26, 1996 - Proposed Charter Amendments EE (City Treasurer)and FF(City Attorney)and Advisory Measure GG(Youth Sports/Senior Center Site/Beach-Parks Improvements). ANALYSIS: The 1996 March Special Municipal Consolidated Election showed a 41.3% overall turnout: The total number of registered voters was 104,607. FUNDING SOURCE: Elections Program Account#E-AA-CK-1141-2-2 1-00. ATTACHMENTS: Resolution No. 96-34 Exhibit A-Canvass of Results from Orange County Registrar's Office 1 , ROBERT A.GRIFFITH, Director General Services Agency 4 U N TY O F ROBERT G.LOVE, Deputy Director 2 General Services Agency 1 5 3 A N G E ROSALYN LEVER, Registrar of Voters GSA/Registration and Elections GENERAL SERVICES AGENCY Mailing Address: 1300 S.Grand Avenue P.O.Box 11298 Santa Ana,California 92705 Santa Ana,California 92711 (714)567-7600 TDD(714)567-7608 FAX(714)567-7627 April 11, 1996 cra Connie Brockway, City Clerk m City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 - - Dear Ms. Brockway: cr' We are enclosing the certification of the statement of the votes cast for the municipal election held in your city, in consolidation with the Primary Election, on March 26, 1996. Very truly yours, Suzanne Slu sk �1 p y Election Section Supervisor SS Enclosures CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote for the election listed below, consolidated with the Primary Election held on March, 26 1996. CITY OF HUNT INGTON BEACH MUNICIPAL ELECTION MEASURE EE YES 16,287 NO 20,756 MEASURE FF YES 14,082 NO 22,834 MEASURE GG YES 17,829 NO 20,435 PRECINCT BALLOTS CAST: 32,082 ABSENTEE BALLOTS CAST: , 11,078 TOTAL BALLOTS CAST: 43,160 I hereby certify that the number of votes cast is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand.and Official Seal this 11th day of April, 1996. ,,���.•G�SZRAR OF��'o.,� �k,••.• ROSALYN LEVER '� •: .;tiy Registrar of Voters p . � Orange County 0 ,,��� UNTY P���i RESOLUTION NO. 96-34 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH, CALIFORNIA,RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996,DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS,a Special Municipal Election was held and conducted in the City of Huntington Beach, California,on Tuesday,March 26, 1996,as required by law;and WHEREAS, notice of the election was given in time,from and manner as provided by law;that voting precincts were properly established;that election officers were appointed and that in all respects the election was held and conducted and the votes were cast,received and canvassed and the returns made and declared in time,form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections pursuant to charter;and WHEREAS,pursuant to Resolution No. 6727 adopted December 4, 1995,the County Election Department canvassed the returns of the election and has certified the results to this City Council,the results are received,attached and made a part hereof as"Exhibit A." NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots and provisional ballots was 32,082. That the whole number of absent voter ballots cast in the City was 11,078, making a total of 43,160 ballots cast in the City. That the measures voted upon at the election are as follows: MEASURE EE: "Shall proposed Charter Amendment No. 1,amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position screened by a citizens' committee and appointed by the City Administrator with the approval of the City Council,be approved?" MEASURE FF: "Shall proposed Charter Amendment No. 2,amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position screened by a citizens' committee and appointed by the City Administrator with the approval of the City Council,be approved?" MEASURE GG: "ADVISORY VOTE ONLY. Should City of Huntington Beach acquire,develop,improve,maintain sports fields for soccer,football, softball,baseball,and other sports, replace restrooms,bicycle/pedestrian trails,lighting,and showers on city beach;acquire senior center site; develop swim complex;and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential,commercial and industrial unit?" SECTION 2. That the number of votes given at each precinct and the number of votes given in the City for and against the measures were as listed in Exhibit"A"attached. SECTION 3. The City Council does declare and determine that,as a result of the election,a majority of the voters voting on the measures relating to Measure EE,Measure FF and Measure GG did not vote in favor of it,and that the measures were not carried,and shall not be deemed adopted and ratified. SECTION 4. The City Clerk shall enter on the records of the City Council of the City,a statement of the result of the election,showing: (1)The whole number of ballots cast in the City; (2)The measures voted upon;(3)The number of votes given at each precinct for and against each measure;and (4)The total number of votes given for and against each measure. SECTION 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, APPROVED AND ADOPTED ON May 6 , 19 96 Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney oZ6- 7-6 gAe1ection\resores1\1996\j gh Res. No. 96-34 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ssi CITY OF HUNTINGTON BEACH ) 1 I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City*of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th of May, 1996 by the following vote: AYES: Councilmembers::. Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo - NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg W W W W W W W W W W W W W W W W W W W W W W IW W W W W W W W W W W W IW W W.1 W W W W W W W W W W W W W W W W W W W W W IW W W W W W W W W W O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IN N N N N N N N N N N N N N N N N N N N N N N N N N�N N N N N N N N N N y N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y r r Y r Y Y Y'r Y Y Y Y r Y r r Y r Y r Y Y r Y Y Y Y Y Y Y Y Y Y'•Y r Y Y r r Y W O)m 00 W J J 01 01 T OI A W 0 0 0 0 0 0�0 10 1D 1p 10 10 w W OD W J J J J J J J J J O1 01 T 01 Q1 01 O\T V1 N V1 N Vt{/1 yt Vl N A A IA d d A d 0 0 0 0 0 0 WYO O�V1 W N O OD O N J O�Vt J N tO 00 J V1 A O W J OI V1 A W O]Q\A N0\0 W J OI V1 A W Y O�O J 01 tl1 W N Y O�O W J N A W N Y O�0 J 101 Vt A W N O1 W N Y O I I I I I I I I I 1 1 1 I 1 1 1 1 I 1 I I I I I I 111 I I I I I S S S S S T S S 2 2 T x x S S S T T x S x x..IZ S S 2 S x S x x T T xlx x x x T x T x T S x S S x 2 Z S x x S x x x x 2 x'x S�x S x x x S x IT. 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QQ N CIA NtAwNyco 7C.ro yro COSH "m m O N& J V" O In A O1 0 z W A A ` r O T a Council/Agency Meeting Held: Deferred/ ontinued /,� — � 9� o 0 0 0 ❑Approved j onditionally Approved ❑ Denied D City Clerk's Signature Council Meeting Date: 11/20/95 Department ID Number: CK95-006LN CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk C16 PREPARED BY: Connie Brockway, City Clerk C_ SUBJECT: RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE PREPARATION OF IMPARTIAL ANALYSES -MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION 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 priori tX to file arguments relative to a City Measure, the Council may vote to: (1) Authorize and name Councilmembers to file an argument in favor (2) Authorize and Name Councilmembers to file an argument against (3) Authorize and Name Councilmembers to file an argument in favor and an argument against (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments) (Note: No more than 5 Councilmembers can sign an argument either for or against a measure.) Should Council choose not to authorize its members to file written arguments written arguments shall be selected by the City Clerk pursuant to § 9287 of the State Elections Code. Impartial Analyses The City Council " direct the preparation of impartial analyses by directing the City Attorney to prepare impartial analyses of two of the three measures: (City Treasurer) and (Citywide Parks and Recreation Assessment District) and the City Clerk to prepare the impartial analysis of the City Attorney measure. Funding Source: Elections Account#E-AA-CK-141-2-21-00 - 1995-96 Budget - $71,000-$81,000 Approximate. Resolution No. 6728 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY ATTORNEY, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY TREASURER AND THE ADVISORY QUESTION ON WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATIONAL FACILITIES." Actions Available to Council: (a) Adopt Resolution No. 6728 after naming Councilmembers authorized to file written arguments. OR (b) Adopt Resolution No. 6728 as amended to not give Council first priority to file written arguments but to direct the preparation of impartial analyses. OR (c) Do not adopt a Lay_part of Resolution No. 6728 which would result in no impartial analyses nor Councilmembers authorized to file arguments. Analysis: The City Charter provides for city elections to be held pursuant to the State Elections Code. The Elections Code provides that Council may authorize members of its body to file written arguments regarding city measures, also that 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. Attachment(s): City Clerk's Page Number Resolution No. 6728 Election Code § 9280 Election Code § 9282 Council/Agency Meeting Held: ' Deferred/Contin ed to: o ❑Approved )(Conditionally Approved ❑ Denied Oily Clerk's Signat re Council Meeting Date: 11/20/95 Department ID Number: CK95-005LN CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 4"e3. 9-6 ,lac pes, A1 6 7 a-7 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk z 7j(Qo- 6 7dG 00 L�r� o-d y"W l�.Ib PREPARED BY: Connie Brockway, City Clerk SUBJECT: RESOLUTIONS CALLING AND GIVING NOTICE OF MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH STATEWIDE PRIMARY- CITY CHARTER AMENDMENTS PROPOSED BY LEGISLATIVE BODY RE: OFFICE OF CITY ATTORNEY, OFFICE OF CITY TREASURER AND ADVISORY QUESTION RE: FORMATION OF CITYWIDE ASSESSMENT DISTRICT TO FUND PARKS AND OTHER RECREATIONAL FACILITIES Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Resolution No. 6726 Calls and gives notice of a Special Municipal Election to submit to the voters the following two proposed City Charter amendments and one advisory question proposed by the legislative body as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the 9fiarter of the City of by Huntington Beach changing the City Treasurer from an elective office to a position/appointed by the City , Administrator with the approval of the City Council, be approved?" a "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Clime of the City of Huntington Beach changing the City Attorney from an elective office to a positio ppointed by the City Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should City of Huntington Beach acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" a Resolution No. 6727 Requests the County Board of Supervisors to consolidate the Special Municipal Election for the two aforementioned proposed charter amendments and one advisory question with the Statewide Primary Election to be held on March 26, 1996. Funding Source: Elections Acct# E-AA-CK-141-2-21-00 - 1995/96 Budget-$71,000-$81,000 Approximate Recommended Action: (a) Adopt Resolution No. 6726 -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS MEASURES PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND/OR THE CITY TREASURER AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT IN ORDER TO FUND PARKS AND OTHER RECREATIONAL FACILITIES." AND (b) Adopt Resolution No. 6727 -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996,WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Alternative Action: Adopt revised wording of proposed amendments so as to change the authority for the appointment of the City Attorney and/or City Treasurer from the City Administrator to the City Council. Analysis City Charter Section 701 and 702 provide for the conduct of municipal elections including Special Municipal Elections and permit the city to request the County Board of Supervisors to consolidate a Special Municipal Election with the Statewide Primary Election. Attachment(s): City Clerk's Page Number Resolution No. 6726 Resolution No. 6727 g lrcadocs\95-005a.doc RESOLUTION NO. 6726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS MEASURES PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER, TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND/OR THE CITY TREASURER AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITY-WIDE ASSESSMENT DISTRICT IN ORDER TO FUND PARKS AND OTHER RECREATIONAL FACILITIES WHEREAS, under the provisions of the City Charter, a Special Municipal Election shall be held on March 26, 1996, for the purpose of submitting to the voters two charter amendments and an advisory measure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisions of the City Charter, there is called and ordered to be held in the City of Huntington Beach on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of submitting to the voters questions relating to the amendment of the City Charter to provide for the appointment of the City Attorney and/or the City Treasurer and the advisory question of whether to form a city-wide assessment district in order to fund parks and other recreational facilities. 1 N1K:s:G:Resol:reso6726\12/6/95 RLS 95-452,-634 Section 2. 'That the City Council, pursuant to its right and authority, does submit to the voters at the Special Municipal Election the following questions: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the Yes City of Huntington Beach changing the City Treasurer from an elective office to a position screened by a citizens' committee and appointed by No the City Administrator with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the Yes City of Huntington Beach changing the City Attorney from an elective office to a position screened by a citizens' committee and appointed by the City No Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should City of Huntington Beach acquire, develop, improve, maintain sports fields for soccer, football, softball, Yes baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of $12 annually per mobile home unit No $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Section 3. That the proposed charter amendments submitted to the voters are attached hereto as Exhibit"A" and incorporated herein as if fully set forth. Section 4. That the ballots to be used at the election shall be in the form and content as required by law. 2 MK:s:G:Resol:reso6726\12/6/95 RLS 95-452,-634 Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls for the election shall be open at seven o'clock(7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o'clock (8:00) p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 4th day of Decnsrber , 1995. v�ry Mayor ATTEST: APPROVED AS TO FORM: ity Ter City Attorney WED AND APPROVED ty Administra or 3 MK:s:G:Resol:reso6726\12/6/95 RLS 95-452,-634 EXHIBIT A Section 1. The following amendments to the Charter of the City of Huntington Beach are hereby proposed to be submitted to the qualified electors of the City of Huntington Beach for ratification and adoption at the special municipal election to be held in said City on March 26, 1996. Each of the following proposed amendments shall be submitted as a separate proposition. The proposed amendments are hereby enumerated to read as follows: PROPOSED CHARTER AMENDMENT NO. 1 Section 300 of the Charter of the City of Huntington-Beach is hereby amended to read as follows: Section 300. CITY COUNCIL, ATTORNEY,AND CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Tfeasu and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasure f 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 C Treasure shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk, and the City Attorney shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 311 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 311. CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall be appointed or removed by the City Administrator, with the approval of the City Council, pursuant to Section 401(a) of the City Charter. The City Treasurer shall have the power and shall be required to: 1 MK:s:G:Charter:ExhibitA\12/6/95 (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his or her hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted,then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him or her, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management-to include the following: 1. Bachelor's degree in Business Administration, Accounting, Public Administration, or a related field; 2. Six years professional experience in government or private sector financial management, to include responsibility for the investment and protection of funds; 3. Extensive management experience in making the receipt, disbursement, banking, protection and custody of funds, securities and financial investments. 2 M K:s:G:Charter:ExhibitA\12/6/9 5 . t The selection process for the City Treasurer shall include the following: Applicants for City Treasurer shall be reviewed by a screening committee at least one half of which shall be made up of citizens who are registered voters in the City of Huntington Beach and the balance of the committee shall be ;persons with current municipal investment experience. The City Administrator shall appoint the Treasurer from candidates recommended by the screening committee, subject to approval by a majority vote of the City Council. PROPOSED CHARTER AMENDMENT NO. 2 Section 300 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 300. CITY COUNCIL, ^TTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, and a City Treasurer an" , all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four :members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk; and City Treasurer a-ad City 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. tali be elected i 1966 and 0 eh f u tl, year-thereafte The term of each member of the City Council, the City Clerk, and the City Treasurer shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. 3 M K:s:G:Charter:ExhibitA\12/6/9 5 Section 309 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 309. CITY ATTORNEY. POWERS AND DUTIES. The City Attorney shall be appointed or removed by the City Administrator, with the approval of the City Council, pursuant to Section 401(a) of the City Charter. To become and remain eligible for City Attorney the person eleeted-or- appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have six (6) years of increasingly responsible experience in municipal or government law and have been engaged in the practice of law in this State for at least three years prior to his or her v'e�� of appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his or 'her advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his or her approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of the his office and at such place as may be specified by the City Council. 4 MK:s:G:Charter:ExhibitA\12/6/9 5 1 (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his or her successor all books, papers, files, and documents pertaining to the City's affairs. The selection process for the City Attorney shall include the following: Applicants for City Attorney shall be reviewed by a screening committee at least one half of which shall be made up of citizens who are registered voters in the City of Huntington Beach and the balance of the committee shall be persons with current municipal legal experience. The City Administrator shall appoint the City Attorney from candidates reviewed by the screening committee, subject to approval by a majority vote of the City Council. Section 2. The City Council hereby finds and determines that although proposed Charter Amendment No. 1 and proposed Charter Amendment No. 2 are to be separately voted upon, and although each amends Section 300 of the Charter of the City of Huntington Beach in a different manner, they are not inconsistent, and should they both be approved by the electors, the proposition with the greater number of affirmative votes shall not supersede the other proposition, but instead Section 300 shall be amended to read as follows: ;Section 300. CITY COUNCIL, ATTORNEY, AND CLERK AND TREASURE ".TERMS. The elective officers of the City shall consist of a City Council of seven members; and a City Clerk, ^ City T-fea.ure-and^ City A ttemey, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasufor-and Cit,,ARem y in office at the time this Charter takes effect shall continue in office until the expiration of their his or her respective terms and the qualification of their his or her successors. A City Clerk shall be elected at the general municipal election held in 5 MK:s:G:Charter:ExhibitA\12/6/95 1968, and each fourth year thereafter. A Gity At4emey shall be eleetea in 1966, and a t, f, Fth year-thereafte The term of each member of the City Council;and the City Clerk, the City Treasurer an the City Attemey shall commence on the first Monday following his or her election. Ties in voting among candidates for office shall be settled by the casting of lots. 6 MK:s:G:Charter:ExhibitA\12/6/95 Res. No. 6726 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 4th of December, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, NOES: Councilmembers: Green, Garofalo ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg RESOLUTION NO. 6727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 26, 1996, for the purpose of submitting to the voters questions relating to the amendment of the City Charter to provide for the appointment of the City Attorney and/or the City Treasurer and the advisory question of whether to establish a city-wide assessment district in order to fund parks and other recreational facilities. WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisions of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, March 26, 1996, for the purpose of submitting to the voters questions relating to the amendment of the City Charter to provide for the appointment of the City Attorney and/or the City Treasurer 1 NlK:s:G:Resol:reso6727T12/6/95 RLS 95452,-634 and the advisory question of whether to establish a city-wide assessment district in order to fund parks and other recreational facilities. Section 2. That measures are to appear on the ballot as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the Yes City of Huntington Beach changing the City Treasurer from an elective office to a position screened by a citizens' committee and appointed by No the City Administrator with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the Yes City of Huntington Beach changing the City Attorney from an elective office to a position screened by a citizens' committee and appointed by the City No Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should City of Huntington Beach acquire, develop, improve, maintain sports fields for soccer, football, softball, Yes baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of $12 annually per mobile home unit No $24 annually per apartment unit $36 annually per residential, commercial-and industrial unit?" Section 3. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. 2 MK:s:G:Reso1:reso6727\12/6/95 RLS 95-452,-634 Section 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 5. That the City of Huntington Beach recognizes that additional costs will be incurred by the county by reason of this consolidation and agrees to reimburse the county for any costs. Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 7. That the City Clerk shall certify to the passage and adoption of.this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 4th day of Decener , 1995. Mayor ATTEST:: APPROVED AS TO FORM: City Clerk 6 �City Attorney REVIEWED AND PROVED i y Administrator 3 MK:s:G:Reso1:reso6727\12/6/95 RLS 95-452,-634 w •• Res. No. 6727 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular.meeting thereof held on the 4th of December, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, NOES: Councilmembers: Green, Garofalo ABSENT: Councilmembers: None The foregoing instrument is a correct copy of the original on file in this office. Attest 19_ CONNIE BROCK=, City Clerk and Ex•officio Clerk of the City ,,u,G Council of of the City of. Huntington Beach, California. City Clerk and ex-officio Clerk of the By Deputy City Council of the City of Huntington Beach, California G/resoluti/resbkpg RESOLUTION NO. 6728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY ATTORNEY, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY TREASURER AND THE ADVISORY QUESTION ON WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATIONAL FACILITIES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 26, 1996, at which there will be submitted to the voters two measures and an advisory question; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and question as well as authorize the preparation of impartial analyses of these measures and question. NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does resolve, declare determine and order as follows: Section 1. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position screened by a citizens' committee and appointed by the City Administrator with the approval of the City Council, be approved?", (a) the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. 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. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. 1 G:Reso1:reso6728\12/6/95 Section 2. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position screened by a citizens' committee and appointed by the City Administrator with the approval of the City Council, be approved?", (a) the City Council directs the City Clerk to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. Section 3. That with respect to the measure entitled: "Should City of Huntington Beach city acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?", (a) the City Council authorizes Mayor Dave Sullivan, Council Member in Favor Mayor Pro Tempore Ralph Bauer, Council Member in Favor Councilwoman Shirley Dettloff, Council Member in Favor Councilman Tom Harmon, Council Member in Favor Councilman Victor Leipzig, Council Member in Favor Councilman Dave Garafalo, Council Member Against Councilman Peter Green, Council Member Against 2 G:Resol reso6728\12/6/95 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 Clerk; and (b) the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. 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. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. Section 4. 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 4t day of -� r, 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attor ey z_6_fs REVIEWED AND APPROVED: r it Administrator 3 G:Resol reso672 8\12/6/9 5 Res. No. 6728 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 4th of December, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None The foregoing instrument is a correct copy of the original on file in this office. Attest / — 77. 19 CONNIE BROCKWAY City Cieri; and Ex-officio-Clerk of the City . Canncii of the City of-Huntington Beach, CaM rflia City Clerk and ex-officio Cler of the 13e1D City Council of the City of Huntington Beach, California G/resoluti/resbkpg Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 11/20/95 Department ID Number: CK95-005LN CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk G$ AW G 7-74 PREPARED BY: Connie Brockway, City Clerk& 4A+ G 7.2 SUBJECT: RESOLUTIONS CALLING AND GIVING NOTICE OF MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH STATEWIDE PRIMARY - CITY CHARTER AMENDMENTS PROPOSED BY LEGISLATIVE BODY RE: OFFICE OF CITY ATTORNEY, OFFICE OF CITY TREASURER AND ADVISORY QUESTION RE: FORMATION OF CITYWIDE ASSESSMENT DISTRICT TO FUND PARKS AND OTHER RECREATIONAL FACILITIES [E Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Resolution No. 6726 Calls and gives notice of a Special Municipal Election to submit to the voters the following two proposed City Charter amendments and one advisory question proposed by the legislative body as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position ti appointed-and-removed by the City Administrator with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position appointed and=removed by the City Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Shoul 'ty cquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, an other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" 4 Resolution No. 6727 Requests the County Board of Supervisors to consolidate the Special Municipal Election for the two aforementioned proposed charter amendments and one advisory question with the Statewide Primary Election to be held on March 26, 1996. Funding Source: Elections Acct#E-AA-CK-141-2-21-00 - 1995/96 Budget - $71,000-$81,000 Approximate Recommended Action: (a) Adopt Resolution No. 6726 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS MEASURES PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND/OR THE CITY TREASURER AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT IN ORDER TO FUND PARKS AND OTHER RECREATIONAL FACILITIES." AND (b) Adopt Resolution No. 6727 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Alternative Action: Adopt revised wording of proposed amendments so as to change the authority for the appointment any ,-P.Y,^wI-of the City Attorney and/or City Treasurer from the City Administrator to the City Council. Analysis: City Charter Section 701 and 702 provide for the conduct of municipal elections including Special Municipal Elections and permit the city to request the County Board of Supervisors to consolidate a Special Municipal Election with the Statewide Primary Election. Attachment(s): City Clerk's Page Number Resolution No. 6726 Resolution No. 6727 •r , F RESOLUTION NO. 7 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS MEASURES PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER, TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND/OR THE CITY TREAS AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITY-WIDE ASSESSMENT DISTRICT IN O ER TO FUND PARKS AND OTHER RECREATIONAL FAC ITIES WHEREAS, under the provisions of the City Charter, a Spe ial Municipal Election shall be held on March 26, 1996, for the purpose of submitting to the oters two charter amendments and an advisory measure. NOW, THEREFORE, THE CITY COUNCIL OF HE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DETE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisi s of the City Charter, there is called and ordered to be held in the City of Huntington Be ch on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of submi ing to the voters questions relating to the amendment of the City Charter to provid for the appointment of the City Attorney and/or the City Treasurer and the advisory quest n of whether to form a city-wide assessment district in order to fund parks and other recre tional facilities. i 1 MK:s:G:Reso1:E1ec239611 1/1 6/9 5 L� RLS 95-452,-634 �� Section 2. 'That the City Council, pursuant to its right and authority, does submit to the voters at the Special Municipal Election the following questions: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the Yes City of Huntington Beach changing the City Treasurer from an elective office to a position appointed andamoo-o by the City Administrator No with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the Yes City of Huntington Beach changing the City Attorney from an elective office to a position appointed an4, by the City Administrator with the approval No of the City Council, be approved?" "ADVISORY VOTE ONLY. Should city acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace Y s restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit No $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Section 3. That the pro/rporated rter amendments submitted to the voters are attached hereto as Exhibit "A" and herein as if fully set forth. Section 4. That the ballsed at the election shall be in the form and content as required by law. Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 2 MK:s:G:Reso1:E1ec2396\11/17/95 RLS 95-452,-634 Section 6. That the polls for the election shall be open at seven o'clock (7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o'clo k (8:00) p.m. of the same day when the polls shall be closed, except as provided in Secti 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the ection shall be held and conducted as provided by law for holding municipal elections. Section 8. That notice of the time and place of holding th election is given and the City Clerk is authorized, instructed and directed to give further o additional notice of the election, in time, form and manner as required by law. Section 9. That the City Clerk shall certify t the passage and adoption of this resolution and enter it into the book of original reso tions. PASSED AND ADOPTED by the City ouncil of the City of Huntington Beach at a regular meeting held thereof on the day of , 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk //_e.j�City Attorney REVIEWED AND AP ROVED City Administrator 3 MK:s:G:Reso1:E1ec2396\11/16/95 RLS 95-452,-634 EXHIBIT A Section 1. The following amendments to the Charter of the City of Huntington Beach are hereby proposed to be submitted to the qualified electors of the City of Huntington Beach for ratification and adoption at the special municipal election to be held in said City on March 26, 1996. Each of the following proposed amendments shall be submitted as a separate proposition. The proposed amendments are hereby enumerated to read as follows: PROPOSED CHARTER AMENDMENT NO. 1 Section 300 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 300. CITY COUNCIL, ATTORNEY,AND CLERK AND TREASURE TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasure and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasure 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 TreasureF 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. 1 MK:s:G:Charter:ExhibitA\11/16/95 Section 311 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 311. CITY TREASURER POWERS AND DUTIES. The City Treasurer shall be appointed or removed by the City Administrator, with the approval of the City Council, pursuant to Section 401(a) of the City Charter. 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 or her hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist hini or act for him or her, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management. 2 MK:s:G:Charter:ExhibitA\1 1/16/95 PROPOSED CHARTER AMENDMENT NO.2 Section 300 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, and a City Treasurer an" , all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk;and City Treasurer and City 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. shall be eleetted in f and eaeh feuFth year thereafter-. The term of each member of the City Council, the City Clerk, and 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 309 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 309. CITY ATTORNEY. POWERS AND DUTIES. The City Attorney shall be appointed or removed by the City Administrator, with the approval of the City Council, pursuant to Section 401(a) of the City Charter. To become and remain eligible for City Attorney the person eleeted--ar 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 3 M K:s:G:Charter:E xhibitA\11/16/9 5 f the practice of law in this State for at least three years prior to his or her eleetiea er appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances'and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his or her advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his or her approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of the his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his or her successor all books, papers, files, and documents pertaining to the City's affairs. 4 MK:s:G:Charier:ExhibitA111/16/95 Section 2. The City Council hereby finds and determines that although proposed Charter Amendment No. 1 and proposed Charter Amendment No. 2 are to be separately voted upon, and although each amends Section 300 of the Charter of the City of Huntington Beach in a different manner, they are not inconsistent, and should they both be approved by the electors, the proposition with the greater number of affirmative votes shall not supersede the other proposition, but instead Section 300 shall be amended to read as follows: Section 300. CITY COUNCIL,ATTORNEY,AND CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members;and a City Clerk, a City Treasurer-and., City A,+ rney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other- person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk,, City.Tr-eas fe f and City A**emey in office at the time this Charter takes effect shall continue in office until the expiration of their his or her respective terms and the qualification of tlieif his or her successors. A City Clerk and Cit.,Treasurer-shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City A teem- •shall be eleeted in 1966, and e el- f wth year-ther-eafte The term of each member of the City Council;and the City Clerk,the City Tr-east..o,.and the City Aaerney shall commence on the first Monday following his Or her election. Ties in voting among candidates for office shall be settled by the casting of lots. 5 MKs:G:Charter:ExhibitA\11/16/95 /V Ohl"(6", RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE S DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS DE. WHEREAS, the City Council of the City of Huntington Beach call a Special Municipal Election to be held on March 26, 1996, for the purpose of submitting t the voters questions relating to the amendment of the City Charter to provide for the ap ointment of the City Attorney and/or the City Treasurer and the advisory question of whether o establish a city-wide assessment district in order to fund parks and other recreational faciliti s. WHEREAS, it is desirable that the Special Mu 'cipal Election be consolidated with the Statewide primary election to be held on the same to and that within the city the precincts, polling places and election officers of the two a ctions be the same, and that the County Election Department of the County of Orange canva the returns of the Special Municipal Election and that the election be held in all respects as f there were only one election; NOW, THEREFORE, THE C Y COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DEC L , DETERMINE AND ORDER AS FOLLOWS: Section 1. That purs nt to the provisions of Section 10403 of the Elections Code, the Board of Supervisors of th County of Orange is hereby requested to consent and agree to the consolidation of a Special nicipal Election with the Statewide Primary Election on Tuesday, March 26, 1996, for the purpose of submitting to the voters questions relating to the amendment of the CityCharter to provide for the appointment of the City Attorney and/or the City Treasurer � pP Y Y Y 1 MK:s:G:Reso1:E1ed396\1 1/16/95 RLS 95-452,-634 J- and the advisory question of whether to establish a city-wide assessment district in order to fund parks and other recreational facilities. Section 2. That measures are to appear on the ballot as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 311 of the Charter of the Yes City of Huntington Beach changing the City Treasurer from an elective office to a position appointed and removed by the City Administrator No with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the Yes City of Huntington Beach changing the City Attorney from an elective office to a position appointed and removed by the City Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should city acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace Yes restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or cost of $12 annually per mobile home unit No $24 annually per apartment unit $36 annually per residential, com ercial and industrial unit?" Section 3. That the Co ty Election Department is authorized to canvass the returns of the Special Municipal Electio . The election shall be held in all respects as if there were only one election, and only one fo m of ballot shall be used. Section 4. Th t the Board of Supervisors is requested to issue instructions to the County Election Depa ment to take any and all steps necessary for the holding of the consolidated election. 2 MK:s:G:Resol:Elect396\11/16/95 RLS 95-452,-634 Section 5. That the City of Huntington Beach recognizes that additional, costs will be incurred by the county by reason of this consolidation and agrees to reimburse the county for any costs. Section 6. That the City Clerk is hereby directed to file a certified c py of this resolution with the Board of Supervisors and the County Election Departme t of the County of Orange. Section 7. That the City Clerk shall certify to the passage d adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the ity of Huntington Beach at a regular meeting held thereof on the day of 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk i/-/F-IsCity Attorney REVIEWED AND APPROVED City Administrator 3 M K:s:G:Resol:Elect3 96\11/16/9 5 RLS 95-452,-634 • . tioN C�,J�� � -'A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY ATTORNEY, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY TREASURER AND THE ADVISORY QUESTION ON WHETHER O FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATION FACILITIES WHEREAS, a Special Municipal Election is to be held in the City of untington Beach, California, on March 26, 1996, at which there will be submitted to the vo ers two measures and an advisory question; and The City Council wishes to authorize arguments in favor f and in opposition to these measures and question as well as authorize the preparation o impartial analyses of these measures and question. NOW, THEREFORE, the City Council of th City of Huntington Beach, California, does resolve, declare determine and order as follows: Section 1. That with respect to t measure entitled: "Shall proposed Charter Amendment No. 1, amending Sections 30 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer fro an elective office to a position appointed and removed by the City Administrator with the app oval of the City Council, be approved?", (a) the City uncil authorizes (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) G:Reso1:Connie\11/16/95 1 =I 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 Clerk; and (b) the City Council directs the City Clerk to transmit a copy of he measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the easure showing the effect of the measure on the existing law and the operation of the measur . The impartial analysis shall be filed by the date set by the City Clerk for the filing of dire arguments. Section 2. That with respect to the measure entitled: "Sh proposed Charter Amendment No. 2, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a osition appointed and removed by the City Administrator with the approval of the City Coun , be approved?", (a) the City Council authorizes (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) members of that body, to fi/anargument regarding the measure as specified above in accordance with Article 4, ivision 9 of the Elections Code of the State of California and to change the argumencluding the date fixed by the City Clerk after which no arguments for or against thaybe submitted to the City Clerk; and 2 G:Resol:Connie\11/16/95 measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. Section 3. That with respect to the measure entitled: "Should city acquit , develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sp /rts; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquir senior center site, develop swim complex; and improve neighborhood parks and tot lots by es blishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial nit?", (a) the City Council authorizes Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) members of that body, to file a writte argument regarding the measure as specified above in accordance with Article 4, Chapte 3, Division 9 of the Elections Code of the State of California and to change the argument un 1 and including the date fixed by the City Clerk after which no arguments for or against th measure may be submitted to the City Clerk; and (b) t City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. T e City Attorney shall prepare an impartial analysis of the measure showing the effect of the -easure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. 3 G:Resol:Connie\11/16/95 the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of direct arguments. Section 4. That the City Clerk shall certify to the passage and adoption of s resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntingto Beach at a regular meeting thereof held on the day of , 1995. Mayor ATTEST: APPRO AS TO FORM: City Clerk Ci Attorney REVIEWED AND APPROVED: City Administrator 4 G:Reso1:Connie\11/16/95 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 11/20/95 Department ID Number: CK95-007 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME ERS SUBMITTED BY: Connie Brockway, City Clerk 64� Rle S G 7-7 T , G PREPARED BY: Connie Brockway, City Clerk Gd g,e s 730 SUBJECT: RESOLUTIONS CALLING AND GI NOTICE OF MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION REQUESTING CONSOLIDATION WITH STATE E PRIMARY - CITY CHARTER AMENDMENTS PROPOSED BY EGISLATIVE BODY RE: OFFICE OF CITY ATTORNEY, OFFICE O CITY TREASURER, AND ADVISORY QUESTION REGARDING: F RMATION OF CITYWIDE ASSESSMENT DISTRICT TO FUND P S AND OTHER RECREATIONAL FACILITIES Statement of Issue,Funding Source,Recommended Actio ,Alternative Action(s),Analysis,Environmental Status,Attachment(s) o Statement of Issue: Resolution No. 6729 - Calls and gi es notice of a Special Municipal Election consolidated with the Statewide Primary Election on Ma ch 26, 1996, to submit to the voters one question relating to a City Charter amendment and on advisory question proposed by the legislative body as follows: "Shall proposed ChaVHuington ndment No. 1, amending Sections 300, 309 and 311 of the Charter of the City o Beach changing the City Treasurer and City Attorney from elective offices to poppointed and-remove4-by the City Administrator with the a royal of the Citbe approved?" "ADVISORY VOT ONLY. Should the City acquire, develop, improve, maintain sports fields for soccer, f otball, softball, baseball, and other sports; replace restrooms, bicycle/pedestri trails, lighting, and showers on the city beach; acquire a senior center site; develop a swi complex; and improve neighborhood parks and tot lots by establishing a citywide ass sment district not to exceed thirty years or a cost of: $12` nnually per mobile home unit $2 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Resolution No. 6730 - Requests the County Board of Supervisors to consolidate the Special Municipal Election for the aforementioned one proposed charter amendment and one advisory question with the Statewide Primary Election to be held on March 26, 1996. Funding Source: Elections Acct#E-AA-CK-141-2-21-00 - 1995/96 Budget - Approximate cost $71,000-$81,000. Recommended Action: (a) Adopt Resolution No. 6729 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS A MEASURE PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE,APPOINTMENT OF THE CITY ATTORNEY AND THE CITY TREASURER AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT IN ORDER TO FUND PARKS AND OTHER RECREATIONAL FACILITIES." AND (b) Adopt Resolution No. 6730 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Alternative Action(s): Adopt revised wording of proposed amendments so as to change the authority for the appointment and removal of the City Attorney and the City Treasurer from the City Administrator to the City Council. Analysis: City Charter Sections 701 and 702 provide for the conduct of municipal elections including Special Municipal Elections and permit the city to request the County Board of Supervisors to consolidate a Special Municipal Election with the Statewide Primary Election. Attachment(s)• City Clerk's Page Number Resolution No. 6729 Resolution No. 6730 Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 11/20/95 Department ID Number: CK95-008LN CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk c,j PREPARED BY: Connie Brockway, City Clerk Cg SUBJECT: RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE PREPARATION OF IMPARTIAL ANALYSES -MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION fir,5- ( 731 IF - 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 a City Measure, the Council may vote to: (1) Authorize and name Councilmembers to file an argument in favor (2) Authorize and Name Councilmembers to file an argument against (3) Authorize and Name Councilmembers to file an argument in favor and an argument against (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments) (Note: No more than 5 Councilmembers can sign an argument either for or against a measure.) Should Council choose not to authorize its members to file written arguments written arguments shall be selected by the City Clerk pursuant to § 9287 of the State Elections Code. Impartial Analyses The City Council may direct the preparation of impartial analyses by directing the City Attorney to prepare an impartial analysis of the Advisory Measure (Citywide Park and Recreation Assessment District) and the City Clerk to prepare an impartial analysis of the measure on the City Attorney/City Treasurer. Funding Source: Elections Acct #E-AA-CK-141-2-21-00 - 1995/96 Budget - Approximate cost $71,000-$81,000. Resolution No. 6731 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE ADVISORY QUESTION ON WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATIONAL FACILITIES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICES OF THE CITY ATTORNEY AND THE CITY TREASURER." Actions Available to Council Regarding: (a) Adopt Resolution No. 6731 after naming Councilmembers authorized to file written arguments. OR (b) Adopt Resolution No. 6731 as amended to not give Council first priority to file written arguments but to direct preparation of impartial analyses. OR (c) Do not adopt Resolution No. 6731 which would result in no impartial analyses nor Councilmembers authorized to file arguments. Analysis: The City Charter provides for city elections to be held pursuant to the State Elections Code. The Elections Code provides that Council may authorize members of its body to file written arguments regarding city measures, also that 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. Attachment(s)• City Clerk's Page Number .. ... .. ......... ..................................... .................................................. .................... ..... .. Resolution No. 6731 - Election Code § 9280 Election Code § 9282 RESOLUTION NO. 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS A MEASURE PROPOSED BY THE LEGISLATIVE BODY, RELATING T THE AMENDMENT OF THE CITY CHARTER, TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND THE CITY TREAS R AND THE ADVISORY QUESTION OF WHET R TO FORMA CITY-WIDE ASSESSMENT DISTRICT ORDER TO FUND PARKS AND OTHER RECREATIONAL CILITIES WHEREAS, under the provisions of the City Charter, pecial Municipal Election shall be held on March 26, 1996, for the purpose of submitting t the voters a charter amendment and an advisory measure. NOW, THEREFORE, THE CITY COUNC OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DE ERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the pr isions of the City Charter, there is called and ordered to be held in the City of Huntingto Beach on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of s mitting to the voters a question relating to the amendment of the City Charter to pr vide for the appointment of the City Attorney and the City Treasurer and the advisory question of whether to form a city-wide assessment district in order to fund parks and other recreati nal facilities. 1 MK:s:G:Reso1:Comb-2\11/16/95 RLS 95-452,-634 C�_I Section 2. 'That the City Council, pursuant to its right and authority, does submit to the voters at the Special Municipal Election the following questions: "Shall proposed Charter Amendment No. 1, amending Sections 300, 309 and 311 of the Charter Yes of the City of Huntington Beach changing the City Attorney and City Treasurer from elective offices to positions appointed and removed by the City No Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should City acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace Yes restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of $12 annually per mobile home unit N $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Section 3. That the proposed charter amendme submitted to the voters is attached hereto as Exhibit"A" and incorporated herein as if fully s forth. Section 4. That the ballots to be used at the lection shall be in the form and content as required by law. Section 5. That the City Clerk is authori ed, instructed and directed to procure and furnish any and all official ballots, notices, printed atter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls for the election shall be open at seven o'clock 7:00 a.m. of p p � ) the dayof the election and shall remain open co I tinuousl from that time until eight o'clock p Y g 2 MK:s:G:Reso1:Comb-2\11/16/95 RLs 95-452,-634 (8:00) p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 9. That the City Clerk shall certify to the passage and adoption o this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntingtqn Beach at a regular meeting held thereof on the day of , 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk //-/S-�S-City Attor /ey REVIEWED AND APPROVED City Administrator 3 MK:s:G:Resol:Comb-2\11/16/9 5 RLS 95-452,-634 EXHIBIT A Section 1. The following amendments to the Charter of the City of Huntington Beach are hereby proposed to be submitted to the qualified electors of the City of Huntington Beach for ratification and adoption at the special municipal election to be held in said City on March 26, 1996. The proposed amendments are hereby enumerated to read as follows: PROPOSED CHARTER AMENDMENT NO. 1 Section 300 of the Charter of the City of Huntington Beach is hereby amended to rea as follows: Section 300. CITY COUNCIL,ATTORNEY,V'AND CLERK AND TERMS. The elective officers of the City shall consist of a City Council of seve members;and a City Clerk, a Cit.,Treasurer-and., City Att,... eye all to be elected from the City at large at the times and in the manner provided in this Charter and w o shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration oftheir respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966/and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a teT to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, in office at the time this Charter takes effect shall continue office until the expiration of their his Or her respective terms and the qualification of their his Or her successors. A City Clerk and City y T.-easu,.of shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A r;t., A,+,,... e, 1.,l, he ele tea in 1966, and eae�. The term of each member of the City Council,and City Clerk,the City Tr-easur-er-and the C t., A,+erney shall commence on the first Monda following his Or her election. Ties in voting among candidates for office shall be se led by the casting of lots. 1 MK:s:G:Charter:E xhibA-1\l l/16/9 5 f Section 309 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 309. CITY ATTORNEY. POWERS AND DUTIES. The City Attorney shall be appointed or removed by the City Administrator, with the approval of the City Council, pursuant to Section 401(a) of the City Charter. To become and remain eligible for City Attorney the person e'��oi 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 or her elee ./ of 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 reas n of his official capacity. (d) Attend all regular meetings of the City Council, unle excused, and give his or her advice or opinion orally or in writing wheneve requested to do so by the City Council or by any of the boards or officers of he City. (e) Approve the form of all contracts made by and 1 bonds and insurance given to the City, endorsing his or her approval there in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of the his ffice 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. 2 M K:s:G:Charter:E xhi bA-1\11/16/9 5 (i) Surrender to his or her successor all books, papers, files, and documents pertaining to the City's affairs. Section 311 of the Charter of the City of Huntington Beach is hereby amended to read as follows: Section 311. CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall be appointed or removed by the City Administrator, with the approval of the City Council, pursua to Section 401(a) of the City Charter. The City Treasurer shall have e power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees d other revenues of the City, or for the collection of which the City is r ponsible, and receive all taxes or other money receivable by the City from t County, State or Federal governments, or from any court, or from any offs e, department or agency of the City. (b) Have and keep custody of all public funds belonging to r under control of the City or any office, department or agency of the City g vernment and deposit or cause to be deposited all funds coming into his or r hands in such depository as may be designated by resolution of t e City Council, or, if no such resolution be adopted, then in such deposito designated in writing by the City Administrator, and in compliance with 1 of the provisions of the State Constitution and laws of the State gover ng the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or arrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of nance monthly written reports of all receipts, disbursements and fund bala ces, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consiste t with this Charter as may be required by ordinance or resolution of the Cit Council. The City Treasurer may, subject to e approval of the City Council, appoint such deputy or deputies to assist hifn or act for him or her, at such salaries or compensation as the Council may bey ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and explerience in an area relative to fiscal management. I 3 MK:s:G:Charter:ExhibA-1\11/16/9 5 RESOLUTION NO. „� O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 26, 1996, for the purpose of submitting to the vd'ters a question relatingto the amendment of the City Charter to provide for the a ointment of the City Attorney Y p pp � Y Y and the City Treasurer and the advisory question of whether to establish a city-wide assessment district in order to fund parks and other recreational facilities. WHEREAS, it is desirable that the Special Municiip�al'Election be consolidated with the Statewide primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE DECL/ARE DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisions of Section 10403 of the Elections Code, the Board of Supervisors of he County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, March 26, 1996, for the purpose of submitting to the voters a question relating to the amendment g q g of the City Charter to provide for the appointment of the City Attorney and the City Treasurer MK:s:G:Reso1:Comb-1\11/16/95 1 RLS 95-452,-634 �6 and the advisory question of whether to establish a city-wide assessment district in order to fund parks and other recreational facilities. Section 2. That measures are to appear on the ballot as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300, 309 and 311 of the Charter Yes of the City of Huntington Beach changing the City Treasurer and City Attorney from elective offices to positions appointed and removed by the City No Administrator with the approval of the City Council, be approved?" "ADVISORY VOTE ONLY. Should the City acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; Yes replace restrooms, bicycle/pedestrian trails, lighting, and showers on the city beach; acquire a senior center site; develop a swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit No $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Section 3. That the County Election Department 's authorized to canvass the returns of the Special Municipal Election. The election shall be h d in all respects as if there were only one election, and only one form of ballot shall be used. Section 4. That the Board of Supervisors s requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 5. That the City of Huntington Beach recognizes that additional costs will be incurred b the count b reason of this consoli I ation and agrees to reimburse the count for an Y Y Y g Y Y costs. 1 2 MK:s:G:Resol:Comb-1\11/16/95 RLS 95-452,-634 Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 7. 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 untington Beach at a regular meeting held thereof on the day of , 1995. Mayor ATTEST: APP OVED AS TO FORM: City Clerk //-/g gSCity Attorney REVIEWED AND APPROVED City Administrator 3 MK:s:G:Resol:Comb-I\11/16/95 RLS 95-452,-634 y , RESOLUTION NO. �o �J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE ADVISORY QUESTION ON WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATIONAL FACILITIES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICES OF THE CITY ATTORNEY AND THE CITY TREASURER WHEREAS, a Special Municipal Election is to be held in the City of Huntington each, California, on March 26, 1996, at which there will be submitted to the voters one me sure and an advisory question; and The City Council wishes to authorize arguments in favor of and in o osition to the measure and question as well as authorize the preparation of im a analyses of the measure and p p P question. NOW, THEREFORE, the City Council of the C' of Huntington Beach, California, does resolve, declare determine and order as follows: Section 1. That with respect to th measure entitled: "Shall proposed Charter Amendment No. 1, amending Sections 3 , 309 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer nd City Attorney from elective offices to positions appointed and removed by the City Ad nistrator with the approval of the City Council, be approved?", (a) t e City Council authorizes (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) /G:Rcso1:Connie-2\11/16/95 1 / `i i� 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 Clerk; and (b) the City Council directs the City Clerk to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operati�f the measure. The impartial analysis shall be filed by the date set by the City C Zkfor the filingof direct arguments. Section 2. That with respect to the measure entitled. "Should city acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball and others sports; replace P P restrooms, bicycle/ edestrian trails, lighting, and sh-fivers on city beach; acquire senior center site; p � Y q , develop swim complex; and improve neighbor ood parks and tot lots by establishing a citywide assessment district not to exceed thirty y rs or a cost of., $12 annually per mobile ho unit $24 annually per apart nt unit $36 annually per re idential, commercial and industrial unit?", (a) the City Council authorizes / Council Member in Favor/Against) ainst ( g ) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) (Council Member in Favor/Against) 2 G:Resol:Connie-2\11/16/95 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 Clerk; and (b) the City Council directs the City Clerk to trans/me easure to the City Attorney. The City Attorney shall prepare an impartial analye showing the effect of the measure on the existing law and the operation of thepartial analysis shall be filed by the date set by the City Clerk for the filing os. Section 3. That the City Clerk shall certify to the passa and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council o he City of Huntington Beach at a regular meeting thereof held on the day of 1995. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 1�-9,S REVIEWED AND AP P OVED: City Administrator 3 G:Reso1:Connie-2\11/16/95 J 9267. DIVISI&.. 9. MEASURES SUBMITTED TO THE VOTERS 9267. Petitions not accepted. Petitions that do not substantially conform to the form requirements of this article shall not be accepted for filing by the elections official. (Added by Stats. 1994,c.920,§2.) - 9268. Conduct of election and publication requirements. _ The conduct of election and publication requirements shall substantially con- form with Part 1 (commencing with Section 10000)and Part 2(commencing with _ Section 10100)of Division 10. (Added by Stats. 1994,c.920,§2.) 9269. Resolution upon completion of canvass. Upon the completion of the canvass of votes,the governing body of a city or city and county shall pass a resolution reciting the fact of the election and such other matters as are enumerated in Section 10264.The elections official of the city or city and county shall then cause the adopted measures to be submitted to the Secretary of State pursuant to Sections 34459 and 34460 of the Government Code. (Added by Stats. 1994,c.920,§2.) Article 4.Arguments Concerning City Measures 9280. City attorney to prepare impartial analysis. 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 Y g - 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 - g - - - 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 substan- tially 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." (Added by Stats. 1994,c.920,§2.) 9281. If not otherwise provided,voters may submit arguments. 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. (Added by Stats. 1994,c.920,§2.) 9282. Written arguments. The legislative body,or any member or members of the legislative body author- ized 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 1995 268 Chapter 3. Municipal Election: 92F 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 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. (Added by Stats. 1994,c.920,§2.) 9283. Argument not accepted without names. A ballot argument shall not be accepted under this article unless accompanied _ by the name or names of the person or persons submitting it,or,if submitted on behalf of an organization,the name of the organization and the name 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. (Added by Stats. 1994,c.920,§2.) o ' •. ,":, yJ) 9284. Consent a1person named. - A ballot argument or,if applicable,a rebuttal argument that includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly _ authorized representative. "Person"as used in this section means any individual, partnership,corporation,association,committee,labor organization,and any other -. organization or group of persons. (Added by Stats. 1994,c.920,§2.) 9285. Rebuttal arguments. (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 munici- 269 1995 �rel 7� �i�e �e 4",� � e-00,�� ins 6 y caC'aHIM,�ll�e� - `�2�r y CITY OF HUNTINGTON BEACH MEETING DATE: 11-20-95 DEPARTMENT ID NUMBER: CC95-002 e7tjrreZw777 a�,.�, -rye w/64 ae4 j v � x�"�., 10L a..aR 7AA11 cL,u►Tli�.l� � �7 o sOnx�u Council/Agency Meeting Held: Deferred/Continued to:/z ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: 11-20-95 Department ID Number: CC95-002 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Mayor Victor Leipzig, Mayor Pro Tern David Sullivan and Council Member Tom Harman PREPARED BY: CITY COUNCIL COMMITTEE SUBJECT: Recommendation To Place Ballot Questions Before the Voters at the March 26, 1996 Election Pertaining to the Positions of City Treasurer and City Attorney. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) 7-0 Statement o ssue: The City Council adopted as one of their goals to have placed before the voters of Huntington Beach, ballot questions regarding the appropriate method for the recruitment and selection of people who desire to hold the positions of City Treasurer and City Attorney. The adoption of the recommended Resolutions will implement the stated City Council goal pertaining to the positions of City Treasurer and City Attorney. Funding Source: City Council appropriated funds to conduct a consolidated election with the county in the 1995/96 Budget. Recommended Action: The Council Committee recommends that the City Council adopt the Resolutions as presented by the City Clerk which places Charter Amendment questions pertaining to the positions of City Treasurer and City Attorney, before the Huntington Beach voters at the March 26, 1996 election. 4 TTfi c f.� M ANT° ' . 0015652.01 5, - �1� ' l O -2-� s ?4eAFW 11/1 /95 10:25 AM DiV -- REQUEST FOR COUNCIL ACTION MEETING DATE: 11-20-95 DEPARTMENT ID NUMBER: CC95-002 Alternative Action(s): Not to adopt Resolutions, which would place before the voters of Huntington Beach, Charter Amendment questions pertaining to the positions of City Treasurer and City Attorney. Analysis: On March 27, 1995 the City Council adopted, as a goal to have placed before the voters of Huntington Beach, the question regarding the recruitment and selection of the people desirous of holding the positions of City Treasurer and City Attorney. In furtherance of this goal the City Council established a City Council Committee on June 19, 1995 to discuss the approach to be taken and to work with the City Administrator, City Clerk, City Attorney and City Treasurer offices to bring forth the appropriate Resolutions that would enable the question for the recruitment and selection for these two positions to be placed before the voters of Huntington Beach at a March 26, 1996 election. The Council Committee is comprised of Mayor Victor Leipzig, Mayor Pro Tem David Sullivan, and Councilmember Tom Harman. The Committee met several times to discuss the method to be used to bring the issue to the Huntington Beach voters. The Committee learned that according to the California League of Cities there are currently in the State of California 186 elected and 239 appointed City Treasurers, and 10 elected and 407 appointed City Attorneys. Don Watson, the recently retired City Treasurer indicated to the Committee that he supports having the City Treasurer position changed from an elected to an appointed position for many of the same reasons the Council Committee believes such a change would benefit the community. The City Council Committee is also aware of past city ballot measures which asked the question pertaining to appointed vs. elected for these two positions. Voters considered similar questions in 1968, 1973, 1978 and in 1984. Each time voters rejected a change in the Charter. However, the Council Committee believes that with the issues surrounding the recent Orange County Bankruptcy and the problems the County of Orange experienced with the County Treasurer Robert Citron that voters should be given another opportunity to determine whether they want, at this time, to amend the City Charter as it relates to the City Treasurer and City Attorney positions. The Committee believes that the Resolutions that are before you this evening will provide the voters an opportunity to determine the question as to whether the City Treasurer and City Attorney positions should be appointed as are all other city department heads (except the City Clerk), or if they should remain elected positions. 0015652.01 -3- 11/17/95 10:25 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 11-20-95 DEPARTMENT ID NUMBER: CC95-002 The Committee discussed whether there should be one question to cover both the City Treasurer and City Attorney positions, or separate questions: one covering the City Treasurer position and one covering the City Attorney position. The three member Council Committee could not reach a consensus on a recommendation on this point and thus decided to bring the matter forward to the full City Council without a recommendation on this one point. The following are the two approaches the City Council Committee are asking the full City Council to consider: (Consolidated Approach) "Shall proposed Charter Amendment No. 1, amending Sections 300, 309 and 311 of the Charter Yes of the City of Huntington Beach changing the City Treasurer and City Attorney from elective offices to positions appointed and removed by the City Administrator with the approval of the City Council, be approved?" No (Separate Question Approach) "Shall proposed Charter Amendment No. 1, Yes amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position appointed and removed by the City Administrator with the approval of the City Council, be approved?" No "Shall proposed Charter Amendment No. 2, Yes amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position appointed and removed by the City Administrator with the approval No of the City Council, be approved?" 0015652.01 -4- 11/17/95 10:25 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 11-20-95 DEPARTMENT ID NUMBER: CC95-002 The Council Committee believes there are sound reasons for placing this proposal before the voters. If the voters support the proposed change in the Charter, a statewide recruitment and selection process would be followed similar to the one used for currently appointed professional Department Heads. The Committee also believes that accountability on a day- to-day basis would be an improvement over the current system of accountability only once every four years with enhanced coordination of effort among Departments, improved communication with the City Council, and greater accountability for decision making and clearer lines of authority within City Hall. In conclusion, the Committee asks that the City Council vote in favor of the recommended resolution which place the issue for the appointment of the City Treasurer and City Attorney positions before the voters at the March 26, 1996 election. Environmental Status: N/A Attachment(s): City Clerk's Page Number . 1. Memo dated. 11-14-95 from Bill Osness regarding qualifications for a non-elected City Attorney and City Treasurer 0015652.01 -5- 11/17/95 10:25 AM CITY OF HUNTINGTON BEACH Ire INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MAYOR AND CITY COUNCIL FROM: WILLIAM H. OSNESS, PERSONNEL DIRECTOR THROUGH: MICHAEL T. UBERUAGA, CITY ADMINISTRATO — SUBJECT: EXAMPLE OF QUALIFICATIONS FOR POSITION OF CITY ATTORNEY AND CITY TREASURER DATE: NOVEMBER 15, 1995 As requested, the following is a sample of minimum qualifications required of appointed City Attorney's and City Treasurer's in Southern California cities. For Huntington Beach, the existing minimum qualifications for these positions are contained in the City Charter, which states: Section 309, 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. Section 311, City Treasurer The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management. If these positions become appointed department heads, the existing classification specification would be reviewed and amended to assure that the minimum qualification would result in a professional recruitment of highly qualified candidates. Examples of mimimum qualifications for other Southern California cities: CITY ATTORNEY Anaheim Licenses: Membership in the State Bar of California and a license to practice in Federal Court. Experience: Extensive responsible management level experience as a municipal law attorney including trial, administrative and supervisory experience. 0015602.01 -1- 11/15/95 10:46 AM Costa Mesa Licenses: Must be licensed to practice law in California at time of appointment. Experience: Considerable progressively responsible experience in California municipal law or as a practicing attorney handling cases involving a variety of municipal problems. Glendale Licenses: Possession of evidence of qualifications to practice law before all courts of State of California, U.S. District Court, Central District, Ninth Circuit Court of Appeals and U.S. Supreme Court. Experience: Extensive experience in professional legal work, including knowledge and experience in providing legal advice to municipal or other officials regarding municipal and/or other governmental legal issues including the defense of liability actions. Newport Beach Licenses: Membership in State Bar of California. Experience: Eight years of increasingly responsible professional experience in municipal or other governmental law including trial experience. Orange Licenses: Membership in the State Bar of California, equivalent to Juris Doctorate. Experience: Six years of increasingly responsible professional experience in municipal or other government law including trial experience. Santa Ana Licenses: Active membership in the State Bar of California, U.S. District Court Bar, Central District and Ninth Circuit U.S. Courts of Appeals Bar. Experience: Previous experience managing a municipal law office in a similar size city. Knowledge of: Civil, Criminal, Municipal, Redevelopment and Housing Authority laws, practices and procedures. Ability to: Effectively manage and supervise a professional staff of attorneys and support staff, effectively communicate with the public, City Council, City Staff and other governmental officials. 0015602.01 -2- 11/15/95 10:46 AM Common required qualifications of appointed City Attorney's 1. Responsible for providing legal services for City Council, City Administration, City Departments and City Boards and Commissions. 2. Render legal opinions to City Council, City Boards and Commissions, City Administration and Department staff. 3. Represent the City or any City officers or employees in actions or proceedings in civil cases for trial in which the City is a party before State or Federal Courts. 4. Direct the activities of a municipal legal department including preparation and administration of a department budget. 5. Supervise, train and evaluate professional, sub-professional and support staff in a municipal legal department. CITY TREASURER Anaheim Experience: Extensive and responsible management experience involving the administration and management of a comprehensive public treasury program serving a population of at least 100,000. Knowledge of: Principles, techniques and mechanics of public fund investments; complex principles and practices of public finance and accounting, banking laws relating to municipal finance and treasury program administration. Costa Mesa Education: Completion of college level education or training directly related to and including course work in accounting, finance or business administration. Experience: Considerable experience as a professional accountant including extensive managerial accounting and investment experience. Fullerton Education: Bachelor Degree in business administration, accounting, public administration or related field. 0015602.01 -3- 11/15/95 10:46 AM Experience: Four years progressively responsible professional level experience in the investment, receipt and custody of funds, including experience in a supervisory capacity. Must be able to file a bond with the City Clerk with the approval of the City Council. Newport Beach Education: Equivalent to Bachelor Degree in accounting or business administration. Experience: Six years responsible experience in public sector financial management including treasury investment; three years supervisory experience. Orange Education: Bachelor Degree with major in finance, economics, accounting, business administration or related field. Experience: Extensive experience in receipt, disbursement, custody of public funds; state and local laws regarding the investment of public funds, municipal financing, municipal bond funds and arbitrage requirements. Santa Ana Education: Bachelor Degree in finance, business or public administration, economics or related field. Certification as a Certified Public Accountant is desirable. Experience: three to five years prior municipal accounting, two of which has been at the supervisory level. Knowledge of: accounting principles and practices; principles and practices of banking, municipal fiscal administration and State and Federal laws affection municipal investments; acts relating to bond holders and property owners. Ability to: analyze and effectively act on investment data and cash flow projections. 0015602.01 -4- 11/15/95 10:56 AM VI Ty CITY COUNCIL MEMO To: Connie Brockway, City Clerk 54 From: Raoih Bauer, City CaunciCmembetV Date: November 20, 1995 Subject: AGENDA ITEM Attached are my recommendations and qualifications for two items on tonight's Agenda under F -3. RB:paj Attachments RB:PJ y CITY TREASURER SELECTION PROCESS A screening committee shall be used to select no less than three candidates for City Treasurer. The screening committee shall consist of three people knowledgeable in the field of municipal finance to be selected by the City Administrator, and two citizens who are registered voters in the City of Huntington Beach to be selected by a majority vote of the City Council. The screening committee shall present their three choices to the City Administrator, who in turn will present his first choice for approval by a majority vote of the City Council. City Treasurer Minimum Qualifications: (See Agenda) THE MINIMUM QUALIFICATIONS OF THE CITY TREASURER SHALL BE: 1 . Bachelor's degree in Business Administration, Accounting, Public Administration, or a related field. 2. Six years responsible experience in public sector financial management, including Treasury investment. 3. Extensive management experience, including the administration and management of a comprehensive public Treasury program serving a population of at least 100,000 people. CITY ATTORNEY SELECTION PROCESS A screening committee shall be used to select no less than three candidates for City Attorney. The screening committee shall consist of three people knowledgeable in the field of municipal law to be selected by the City Administrator, and two citizens who are registered voters in the City of Huntington Beach to be selected by a majority of the City Council. The screening committee shall present their three choices to the City Administrator who will in turn present his first choice for approval by a majority vote of the City Council. City Attorney Minimum Qualifications: (See Agenda) MINIMUM QUALIFICATIONS FOR CITY ATTORNEY To become and remain eligible for City Attorney, the person appointed shall be an Attorney At Law, duly licensed as such under the laws of the State of California. In addition, the City Attorney shall posses the following qualifications: 1 . Eight years of increasingly responsible professional experience in municipal or governmental law, including management level and trial experience. 2. Possession of evidence of qualifications to practice law before all courts of State of California, U. S. District Court, central district, ninth circuit court of appeals and U. S. Supreme Court. 3. Evidence of effectively managing and supervising a professional staff of attorneys and support staff and evidence of effective communication with public, City Council, city staff and other governmental officials.