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HomeMy WebLinkAboutCharter revisions 1977 & 1978 c JJ ' City �of Huntington Beach CHARTER REVISION COMMITTEE REPORT FIRST DRAFT OF PROPOSED REVISIONS The Charter Revision Committee was formed in October , 1976 to study the current City *Charter and recommend changes to the City Council. . After nearly a year of hard work by the Committee , a first draft of proposed revisions - has been prepared and is being submitted to various community organizations for their. comments at public hearings to be held in the Council Chambers on September 1.5 , 1977 , at 7 : 30 p .m. and September 19 , 1977 , at 9 : 00 a .m. PHILOSOPHY OF THE COMMITTEE: The Charter Revision Committee has concluded that many of the pro- visions in the current Charter contain subjects that would better be handled through ordinances or resolutions . Thus , .the Charter will contain necessary safeguards for good government , but will also allow flexibility for the Council to set policies which will allow the most efficient and effective manner of managing the City at any point in time . If the Committee ' s recommendations are imple- mented , the City Council will need to adopt appropriate ordinances and resolutions in order to complete the task of charter revision. The Committee has also strived to eliminate ambiguities in the Charter through using clear , concise language so that all who read it will know exactly what it means . Conclusions of the Committee as expressed in the first draft of pro- posed revisions are subject to change after input at the public hearings . PROPOSED CHARTER PROVISIONS : Not only has the Charter Revision Committee removed certain sections from the proposed Charter , but we have also made some changes and added some provisions in the .first draft which Committee members believe will improve City government . Many changes are merely "house- keeping" items which have been changed to conform with present law or to clarify meanings . Listed below, however, are some of the major proposed changes which we would like to bring to your attention. CITY COUNCIL I . Proposed Section 301 . City Council Term. The Committee recommends that no person 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. This section would apply to persons currently members of the City Council . i II . Proposed Section 301 . CitX Council Composition. The current City Charter provides that Council members be elected at large . After studying this issue, the Charter Revision Committee recommends retention of elec- tions at large, rather than the establishment of districts . III . Proposed Section 303 . Compensation and Expenses . This section would allow the members of the City Council to receive compensation for their services=as determined by the following schedule , which presently applies to gen- eral law cities . Population Monthly Salary (a) 150 ,000 to and including 200 ,000 $400 (b) Over 200 ,000 to and including 250 ,000 $500 (c) Over 250 ,000 $600 The Committee recommends that the Mayor receive an addit- ional $100monthly stipend to supplement his salary. The monthly compensation of Council members may be increased no more than once annually beyond the amount established in this' schedule by an ordinance enacted by .the City Coun- cil ; the amount of such increase may not exceed 5% in any given calendar year and would not provide for automatic future increases in salary. In addition, each member of the City Council would receive reimbursement on order of the City Council for Council authorized traveling and . other expense when on official. duty upon submission of itemized expense accounts . IV. Proposed Section 304 . Meetings and Location. The Committee proposes that in the event of an emergency a feuting the public peace , health or safety, a special meeting may be called with less than twenty-four hours written notice , provided that the nature of the emergency is set forth in the minutes of the meeting. Also , in order to clarify last year ' s controversy regarding out of town retreats , the Committee proposes a statement that "Special meetings may be held in any location outside the limits of the City within a .distance not to exceed 100 miles , but no executive sessions may be held nor action taken by the Council at such meetings . " This preserves the distinction between study sessions and regular meeting sessions at which actions are taken, and. follows the intent of the Brown Act. V. Proposed Section 306. Presiding Officer . The present Charter provides t at. t a Payor shall e elected by the City Council members . The Charter Revision Committee rec- , commends retention of this procedure as opposed to a Mayor being directly elected by the--voters . CITY ATTORNEY I . Proposed Section 310. Cit AttorneZ Composition. The present charter provides that the City Attorney be elected by the qualified voters of the City at large. The Commit- tee recommends that the . position remain elective . -2- I d X II . Proposed Section 312 City Attorney Compensation. This section states that the City ttorney s compensation and fringe benefits shall be fixed by the City Personnel Com- mission effective the beginning of each fiscal year based on objective criteria for the position. After an election or during a term of office , the compensation of the City Attorney shall not be reduced nor shall fringe benefits be diminished below the fringe benefits normally enjoyed by department heads . Elected City Treasurer . The Charter Revision Committee rec- ommen s' at the elected City Treasurer position be eliminated as the duties he performs (investments , risk manager , animal licensing) can be handled by other departments . Proposed Sections 313 , 314 and 315 . Elected City Auditor . The Committee believes there is a need for an elected o icial who is responsible to the people to be a "watchdog" over the internal operations of the City. This person would be empow- ered to not only conduct financial and operational audits , but also to perform management studies . The elected Internal Aud- itor would be required to subm-kt_ monthly reports to the City Council as well as an o en`.`ann al report to the people . This P P P P proposed section also requires that Council provide reasonable" staff and budgetary support necessary for the performance of the aud.itor! s duties . His compensation shall be established yearly by the Personnel Commission in the same manner as the City Attorney' s compensation. Proposed Section 317 . Conflict of Interest . A section has been proposed which states the City ounce shall adopt or approve rules and regulations regulating conflict of interest and promoting fair dealing in all City business . This is in- tended to be consistent with the obligations of the City Coun- cil. under Proposition 9 and the rules of the Fair Political Practices Commission. Proposed Section 401 . City Administrator's Powers and Duties . e present Charter allo5wg the City ministrator to appoint or remove department heads only after reviewing such action with Council and receiving their approval . After study , the Charter Revision Committee proposes retaining this requirement . Proposed Section 402 . Acting City Administrator. The current charter states that the City Administrator shall appoint , sub- ject to the approval of Council , one of the other officers or department heads to serve as Acting City Administrator in his absence . Recognizing the need to have an Acting City Adminis- trator when the Administrator is gone for a few days and prior Council approval to appoint a particular person has not been obtained, the committee suggests the following wording : During any temporary absence or disability of the City Ad- ministrator,• the Assistant City Administrator shall serve as Acting City Administrator . During any temporary absence or disability of both the City Administrator and the Assist- ant City Administrator , the City Administrator shall appoint one of the other officers or department heads of the City -3- r to serve- as Acting .City Administrator... In the event the City Administrator fails• to make such appointment , such appointment may be made by the City Council . Proposed Section 403 . City Clerk. The present charter pro vi es that the City Clerk a elected. The committee recom- mends that the City Clerk be- appointed by the City Council . The City Clerk performs ministerial duties only and no pur- pose is served by keeping the position elected. The present City Clerk concurs that the position would best be filled by a thorough search -for qualified applicants , rather than through an el.ection for residents only. Proposed Section 405 . Personnel System. It as our recommen- .. lotion that the City A ministrator, t-ie Assistant City Admin- istrator , the City Clerk, and Department Heads should all be excluded from the . Personnel System. In addition, the proposed charter section does not prevent the removal by Council of departments , officers , or employees from the Personnel System once they are included, as does the current charter . Proposed Section 406. Retirement System. The current City arter specifies that the City contract with the State Employ- ees Retirement System. Both City staff and the employee associations requested a change which would allow the use of another retirement system. Thus , the new wording merely states , "The City shall participate in a retirement system. " Proposed Section 407 . Boards , Commissions , and Committees . e committee recommends that the names of various boards or commissions be omitted from the .Charter in order to allow the Council maximum flexibility to establish or eliminate such groups according to current needs . In addition , it was felt that definitions of the terms "board," "commission," and "committee". were needed to promote uniformity. The following definitions are suggested. (a) Boards shall serve in an advisory capacity to the City Council . (b) Commissions may -have decision-making authority in those activities delegated to them by the City Council . (c) Committees shall be established on an ad hoc basis to advise the City Council on particular matters . This means that the City would have a Personnel Commission and a Planning Commission, while all other currently existing advisory groups would be named boards , with the exception of temporary committees . Proposed Section 500 . Regular Ordinances , Publication. This proposed section states the City Clerk shall cause each ordinance to be published at least once within fifteen days after its. adoption in a daily, semi-weekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City 'Council for that purpose. -4- This :would allow the City Council flexibility to choose newspapers which would have considerably wider circulation within the City than the paper the City must currently use . This basis for selection of a newspaper would also apply to the publication of Legal Notices (Proposed Section 503) . 'Proposed Section 607 . Tax 'Limits . The .proposed charter removes t e specific in ivi ual special levies which may be made ,for various departments (for . example , parks and recrea- .. . tion not to exceed $0 . 20 per one hundred dollars) . Instead, the proposal allows a special levy "not to exceed $0 . 45 per one hundred dollars , for parks and recreation, libraries , advertising , music , promotion, and public museums of natural and historical objects . !' This allows the Council to divide the money received from this levy among the effected depart- ments a's it sees fit . It does not prohibit general revenues from being used for those departments . Note that Civil De- fense and disaster preparedness are no longer eligible for special levy funds . This decision was made because the City has not authorized such a levy in the past although it is an eligible item under the current charter. Proposed Section 608_. Vote Required for Tax Measures . Since both the CANT Committee ' s proposition d the City ' s proposition were approved in the last election, both are included in the present Charter . Therefore , the Charter Revision Committee combined the two sections , clarified the language and changed the wording from "three-fourths of the total voting members of the City Council" to, "five. members of the City Council ," as several members of the CANT Commit- tee have stated they understood three-fourths to mean five. Prop osed Section 610 . Bonded Debt Limit . The proposed Charter lowers the bonded debt limit from 1So to 12% of the total assessed valuation. Both City staff and the Charter Revision Committee agreed fifteen per cent was an unreal- istically high figure . Pro osed Section 613 . Execution of Contracts . A concern of sta .f is that they are not authorized to enter into contracts in emergencies without Council approval . For instance , if the Santa Ana River is flooding and the. Public Works Director purchases sandbags , he is violating the Charter . We propose that any contract deemed by the City Administrator or any head of a City department to be necessary as an emergency measure for the immediate preservation of the public peace , health or safety ,_ and containing a statement of the reasons for its urgency, may be entered into on behalf of the City by such City officer without the prior approval of the City Council , in an amount not to exceed $10 ,000 . Proposed Section 61S . Granting of Franchises . Franchises would be better handled by ordinance in order to promote flexibility and assert local control over any new agreements to the extent permitted under the State Constitution. Several -S- items currently adopted in the Charter such as the Franchise Act of 1937 have handicapped the City in its dealings with utility companies . Therefore , the Committee suggests a simple phrase requiring the City Council to regulate the granting of franchises by ordinance . Proposed Section 800.. Transition. It is proposed that elec- txve officers continue to o t eir offices until the com- pletion of their current terms . In addition , those provis- ions of the current charter which are removed from the new charter will remain in effect until the City Council adopts the appropriate ordinances , or for one year , whichever occurs first . The provision regarding the Internal Auditor would not take effect until 1980 . We urge you to read the entire proposed charter and give us your comments in writing , or orally at our public hearings . The Charter Revision Committee sincerely requests the input of all interested parties so that we may develop a charter proposal which will truly provide for the good of the community. Written comments will be accepted through September 30 , 1977 . Revisions will then be made and. the final draft will be presented in November , 1977 to the City Council for their decision. Please send your comments to : Charter Revision Committee % Jeri Chenelle City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 We urge your attendance at the Public Hearings and desire the oppor- tunity to receive your input . If you have any questions ,. please call Chairman Harold Bauman at 832-3733 or Jeri Chenelle at 536-5501 . H old S . BA an airman, Charter Revision Committee CRC/JC/cb 8/77 i i -6- FIRST DRAFT CITY CHARTER TABLE OF CONTENTS ARTICLE I . INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. Boundaries Section 103. Powers of the City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. Elective Officers Section 301. City Council. Composition;; Eligibility Election and Term Section 302. Powers Vested in .City Council Section 303. Compensation and Expenses Section 304. Meetings and Location Section 305. Quorems, Proceedings and Rules of Order Section 306. Presiding Officer Section 307. Mayor Pro-Tempore Section 308. Non-Interference with Administration Section 309. Official Bonds Section 310. City Attorney. Composition, Eligibility, Election and Term Section 311. City Attorney. Powers and Duties Section 312. City Attorney. Compensation Section 313. City Auditor. Composition, Eligibility, Election and Term Section 314. City Auditor. Powers and Duties Section 315. City Auditor. Compensation Section 316. Vacancies, Forfeitures and Replacement Section 317. Conflict of Interest, Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Administrator. Composition, Term, Eligibility and Removal Section 401. Powers and Duties Section 402. Acting City Administrator Section 403. City Clerk Section 404. City Clerk. Powers and Duties Section 405. Administration/Personnel Section 406. Retirement System Section 407. Boards, Commissions and Committees c-1 ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances Section 501. Emergency Ordinances Section ' 502. Resolutions ' Section 503. Publishing of Legal Notices , ARTICLE VI,. - FISCAL ADMINISTRATION Section 600. Fiscal Year . Section 601. Annual Budget. Preparation by City Administrator Section 602. Budget. Submission 'to City Council ' Section 603. Budget. Public Hearing Section 604. Budget. Further Consideration and Adoption Section 605. Budget. Appropriations Section 606. ' Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for. TAx:._Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Sale of Public Utility Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616 . Independent Audit ARTICLE. VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations c-2 CHARTER We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California. ARTICLE I INCORPORATION AND OWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102 . BOUNDARIES.. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs , subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this 'Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provision of this Charter, or the application thereof to any person or circum- stance is held invalid, the remainder of the Charter and the application of such provision to other persons or circum- stances , shall not be affected thereby. . Section 105 . INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT. Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator form of government. c-3 ARTICLE III , ELECTIVE OFFICES Section 300. ELECTIVE OFFICERS. The elective officers of the City shall consist of seven members of the City Council, a City Attorney and a City Auditor. Section 301. CITY COUNCIL. COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a) Composition. There shall be a City Council of seven members elected by the qualified voters of the City at large. (b) Eligibility. Only qualified voters of the City of Huntington Beach who have resided in the City for a period exceeding thirty days prior to the date established for filing nomination papers shall be eligible to hold office as members of the City Council. (c) Election and Terms. Four members of the City Council shall be elected at the general municipal elections held in April, 1978 and each fourth year thereafter. Three members of the City Council shall 'be elected at the general municipal elections held 'in April, 1980 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. This section shall apply to persons currently members of the City Council. Section 302 . POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 303. COMPENSATION AND EXPENSES. The members of the City Council including the Mayor shall receive as compensa- tion for their services a monthly salary the amount of which shall be determined by the following schedule: Population Monthly Salary .(a) 150,000 to and including 200,000 $400 (b) Over 200,000 to and including 250,000 $500 (c) Over 250 ,000 $600 c-4 The Mayor shall receive .an additional $100 monthly stipend to supplement this salary. For the purposes of this section the population shall be determined by the estimates of population made by the Department of Finance of the State of California. The monthly compensation .of Council members may be increased once annually beyond the amount established in this schedule by an ordinance enacted by the City Council but the amount of such increase may not exceed 5% in any given calendar year from the effective date of this Charter, and shall not provide for automatic future increases in salary. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expense when on official duty upon submission of itemized expense accounts therefor. Any fringe benefits paid by, the City to department heads shall be available to City Council members. Section 304. MEETINGS AND LOCATION. (a) Regular Meetings. . The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circula- tion, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. Such waiver may be given by telegram. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice, provided that the nature of the emergency is set forth in the minutes of the meeting. c-5 (c) Place of Meetings. All regular meetings shall be. held in the Council Chambers of the City. or in such place. within the City to which any such meeting may be adjourned. If, by' reason of fire', flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the. emergency at such. place within the City as is designated by the Mayor, or, ' if he should fail to act, by a majority of the members of the City Council. Special meetings may be held in' any location outside the limits of the City .within a distance not to exceed 100 miles, but no executive sessions may be held 'nor 'action taken by the Council 'at such meetings. (d) Open Meetings. All regular and. special meetings of the City Council shall be' open and public, and all persons shall be permitted to'. attend such meetings , except that _the provisions of this' Section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. Section 305. QUORUMS, ' PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum .to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less ,than a quorum or by the City Clerk to 'be' delivered personally or by mail to each Council member at least twenty-four hours before the time to which the. meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. ' The City Council shall judge the qualification of its members as set ,forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses , to examine them under oath and to compel the production of evidence before it. Subpoenas shall .be issued in the name of' the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) , shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council c-6 I shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecu- tions, litigation or other legal matters or business. (c) Rules of Order.' The City Council may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinances, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 306. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City -Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council . The Mayor shall serve in such capacity at the pleasure of the City Council. Section 307. MAYOR PRO-TEMPORE. The City Council shall also designate one of its members as Mayor Pro-Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro-Tempore shall perform the duties of the Mayor during the Mayor' s absence or disability or at the Mayor' s request. Section 308. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in 'this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in the administrative service of the City, of. any person ,to any office or employment, or removal there- from. Except for the purpose of investigations and inquiry, the members of the City Council shall deal with the adminis- trative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. c-7 i Section 309 . OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bonds would provide. In all cases wherein an employee oftthe City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee' s superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 310. CITY ATTORNEY - COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a) Composition. There shall be a City Attorney elected by the qualified voters of the City at large. (b) Eligibility. To become and remain eligible for the office of City Attorney, a person must be a qualified voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers and an attorney at law, duly licensed as such under the laws of the State of California. (c) Election and Term. The City Attorney shall be elected at the general municipal elections held in April of 1978 and each fourth year thereafter. Section 311. CITY ATTORNEY. POWERS AND DUTIES . 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 City employment or by reason of official capacity. c-8 (d) Attend all regular meetings, of the City Council, unless excused, and give 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 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 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 all books-,.. papers., files , and documents pertaining to the City's affair:.s, to a duly qualified successor. Section 312. CITY ATTORNEY. COMPENSATION. The City Attorney shall receive compensation and fringe benefits to be fixed by the City Personnel Commission effective the ' beginning of each fiscal year based on objective criteria for the position. The compensation of the City Attorney shall not be reduced nor shall fringe benefits be diminished below those normally enjoyed by department heads after the election or during a term of office. Section 313. CITY AUDITOR. COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a) Composition. There shall be a City Auditor elected . by the qualified voters of the City at large. (b) Eligibility. To become and remain eligible for the office of. City Auditor, a person must be a qualified voter of the City of Huntington. Beach who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers and a college graduate with a Bachelor of Science or Bachelor of Arts degree and a major in accounting or finance. (c) Election and Term. The City Auditor shall be elected at the general municipal election held in April of 1980, and each fourth year thereafter. c-9 Section 314. CITY AUDITOR. POWERS AND DUTIES. The City Auditor shall have the power and may be required to: (a) Develop an internal audit mechanism and be solely responsible for conducting the internal financial and operational audits of City records, accounting and financial operations and systems, and City operating procedures. (b) Submit honthly reports to -the City Council including findings and recommendations. (c) Submit an open annual report and any supplemental reports as are necessary to the people containing an evaluation of the financial status of the City. (d) Review 'internal control procedures to assure accounta- bility of revenues and expenditures and accuracy and effectiveness of accounts records, transactions and operating policies of all City departments. The Council shall provide reasonable staff and budgetary support necessary for the performance of the duties of the City Auditor. Section 315. CITY AUDITOR.: COMPENSATION. The City Auditor shall receive compensation" and fringe benefits to be fixed by the City Personnel Commission effective the beginning of each fiscal year based on objective criteria -for the position. The compensa- tion of the City Auditor shall not be reduced nor shall fringe benefits be diminished below- those normally enjoyed by department heads after the election or during a term of office. Section 316. VACANCIES, FORFEITURES AND REPLACEMENT. • (a) Vacancies. A vacancy in the City Council, City Attorney, or City Auditor, from whatever cause arising, shall be filled by appointment by -the City Council, such appointee to hold office until a successor qualifies. • At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of the unexpired term. In this paragraph, the' next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor. (b) Forfeiture. If a member of the City Council is absent from all - regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes , the office shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City, the office shall become vacant. The c-10 City Council shall deciare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 317. CONFLICT OF INTEREST, .NEPOTISM (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this pro- vision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400 CITY ADMINISTRATOR. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Administrator who shall be the chief administrative officer of the City. (b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however, that the person occupying the office shall not be removed from office except as herein provided. c-11 i (c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on the City Council. i (d) Removal. The City Administrator shall not be removed from office during or within a °period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. At least thirty days prior to the effective date of removal, the City Administrator shall be furnished with a .written notice stating the Council 's intentions and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator may by written notification to the City Clerk request a public hearing before the City Council, in which. event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator - with written notice of the intended removal, the City Council may suspend the Administrator from duty, but the compensation shall continue until removal as herein provided. In removing the City Administrator, the City Council shall use its j uncontrolled discretion and its action shall be final and + shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Administrator shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Administrator shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads , officers and employees of the City except elective officers and the City Clerk. However, no department head shall be appointed or removed until the City Administrator :+ shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment or removal. c-12 (b) Prepare the budget annually, submit it to the City Council, and be responsible .for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Establish a centralized purchasing system for all City offices , departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchasing, inspection,.. ,.Storing,: inventory, distribution and disposal of all supplies, materials and equipment required by any office, department. or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. (h) Prescribe such general rules and regulations as may be deemed necessary or proper for the general conduct of subordinate. administrative offices and departments of the City. (i) Perform such other duties consistent with this . Charter as may be required by the City Council. Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the .City Administrator, the Assistant City Administrator shall serve as Acting City . Administrator. During any temporary absence or disability of both the City Administrator and the Assistant City Administrator, the City Administrator shall appoint one of the other officers or department heads of the City to serve as Acting City Administrator. In the event the City Administrator fails to make such appointment, such appoint- ment may be made by the City Council. Section 403. CITY CLERK. There shall be a City Clerk appointed by the City Council who shall serve at the pleasure of the City Council. c-13 Section 404, CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate title and 'be devoted to such purpose. (b) . Maintain separate. books, in which shall be recorded. respectively all ordinances and resolutions, with the certificate. of the Clerk . annexed _ to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication,_ stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records properly indexed .and open to public inspection when not in actual use. (e) Be the custodian of the Seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and. business of the City and certify copies of official records. (g) Be ex-officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws- of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City .Council by ordinance provides otherwise. (h) Be responsible for the conduct of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Clerk may, subject. to the approval of the City , Council`, appoint such deputy or deputies to assist or act : for the City Clerk, at such salaries or compensation. as the Council may by ordinance or resolution prescribe. Section 405. ADMINISTRATION/PERSONNEL. (a) Administration. In addition to the City Council, a City Clerk, a City Auditor, a City Attorney and City Administrator, the officers and employees of the City shall I c-14 consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices , officials and employees except as herein provided. (b) Personnel. The City Council shall, within six months of the effective date of this Charter, establish by ordinance a comprehensive personnel system for the City. The City Administrator, the Assistant City Administrator, the City Clerk and department heads shall be exempt. Those appointive officers and employees exempt from the system shall, however, be entitled to all other fringe benefits available to City employees . The system shall comply with all other provisions of this Charter and the system or the lists of officers and employees included within or exempt from the system may be modified from time to time by ordinance. In addition, the City Council shall by ordinance establish a Personnel Commission. Section 406. RETIREMENT SYSTEM. The City shall partici- pate in a retirement system. Section 407. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council and shall operate as follows : (a) Boards shall serve in an advisory capacity to the City Council. (b) Commissions may have decision making authority in those activities delegated to them by the City Council. (c) Committees shall be established on an ad hoc basis to advise the City Council on particular matters. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially c-15 as follows: "The City Council of the City of Huntington Beach does ordain as follows: . " No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction, a regular ordinance shall be read in full unless a full reading thereof is waived by unanimous consent of City Council members present at that meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its enactment. In the event that .any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be published at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper published in the County or* the City and circulated in the City which is selected by the City Council for that purpose. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property; (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference , with the same effect as an ordinance, c-16 in the manner set forth herein; however, such regulations and codi£ications .need not be published in the manner required for other ordinances , but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified . shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace , health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes . Section 502 . RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matter required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose . No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINIRATION Section 600. FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless otherwise established by ordinance. Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine , each board or commission and each department head shall furnish to the City Administrator, personally, or through the Director of Finance , 'estimates of the department ' s , board' s or commission' s revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget , the City Administrator shall review the estimates , hold conferences thereon with the respective department heads , boards or commissions as necessary, and may revise the estimates as may be deemed advisable. c-17 i Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed i budget and making such revisions as it may deem advisable, the City Council shall determine the time for the .holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the offices of the City .Clerk at least ten days prior to said hearing. ' 1 Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. i Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative votes of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the i ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Finance, City Treasurer, and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of depart- ments, offices and agencies of the City. I ' Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Administrator may. transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council. i c-18 Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes . If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS . (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City under the State Employees ' Retirement System, the Federal Insurance Contributions Act, or other plan, for the retirement of City Employees , due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually based on City Council approved estimates , but not to exceed $0. 45 per One Hundred Dollars, for parks and recreation, libraries, advertising, music, promotion, and public museums of natural and historical objects. c-19 I I Section 608 . VOTE REQUIRED FOR TAX MEASURES. No. tax, property tax, or other measure whose priniipal purpose is the raising of revenue , or any increase in the amount thereof, shall be levied, -enacted or established except by ordinance adopted by the affirmative votes of at least five (5) members of the City Council ; provided, however, that any tax levied or collected pursuant to Section 607 (b) of this Charter shall be exempt from the minimum voting requirement of this Section. This Section shall not apply to any license, permit , or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City' s duty to preserve or maintain the public peace , health, safety and welfare. This Section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. i This Section shall not apply to any fee or charge relating to any franchise or properietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative votes of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of twelve percent of the total assessed valuation, for purposes of City taxation, of all the real and personal. property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors . Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues , other than taxes , as may be specified in such .bonds , may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds . Such bonds , payable only out of revenues , shall not c-20 constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall -be issued without the assent of a majority of the voters voting upon the propo- sition for issuing the same at an election at. which such proposition shall have been ,duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds , for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate convenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least a majority of the electors voting on such proposi- tion at a general or special election at which such proposition is submitted. Section 613. EXECUTION OF CONTRACTS. Except as herein- after provided, the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the ' City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. c-21 I (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title 'thereto. i (c) Contracts for the sale of the products, commodities or services of any public utility owned,. controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. (d) Any contract deemed by the City Administrator or any head of a City department to be necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be entered into on behalf of the City by such City officer without the prior approval of the City Council, in an amount not to exceed $10,000 . Section 614. CONTRACTS ON PUBLIC WORKS. Except as herein- after expressly. provided, every contract involving an expenditure of more than Ten Thousand Dollars ($10,000) for the construction or improvement (excluding maintenance and repair) of public buildings , works, streets, drains , sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Ten Thousand Dollars ($10,000) , shall be let to the lowest responsible bidder after notice by publication in accordance with Section 906 by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ($10,000) , the City Council may declare and determine that in its opinion, the work in question may be performed better- or more economically by the City with its own employees , or that the materials or supplies may be purchased at a lower price in the open market, and after the adoption of a resolution to this .effect by the affirmative votes of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum of $10,000 may be let and purphases exceeding the sum of $10,000 may be c-22 made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, .or property and. shall be authorized by at least five affirmative votes of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirma- tive vote of a majority of the total members of the City -Council. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, director indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually provided that the designation for any parti- cular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the second Tuesday in April in each even-numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. c-23 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the elections code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections , so far as the same are not in conflict with this Charter. Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers' of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by fifty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualifica- tions of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, . amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires , as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department, " "board, " "commission, " "agency," "officer, " or "employee, " is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. c-2 4 (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802 . VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding Five Hundred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any such violation continues shall constitute a separate violation. c-25 1 FIRST DRAFT CITY CHARTER TABLE- OF. CONTENTS ARTICLE I . INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. Boundaries Section 103. 'Powers of the City Section 104. Construction Section 105. Intergovernmental -Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. Elective Officers Section 301. City Council. Composition, Eligibility Election and Term Section 302. Powers Vested in City Council Section 303. Compensation and Expenses Section 304. Meetings and Location Section 305. Quorems , Proceedings and Rules of Order Section 306. Presiding Officer Section 307. Mayor Pro-Tempore Section. 308. Non-Interference with Administration Section 309. Official Bonds Section 310. City Attorney. Composition, Eligibility, Election and Term Section 311. City Attorney. Piers and Duties Section 312. City Attorney. Compensation - Section 313. City Auditor. Composition, Eligibility, Election and Term Section 314. City Auditor. Powers and Duties. Section 315. City .Auditor. Compensation . Section 316. Vacancies, Forfeitures and Replacement Section 317. Conflict .of Interest, Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400 . City Administrator. Composition, Term, Eligibility and Removal Section 401. Powers and Duties Section 402 . Acting City Administrator Section 403. City Clerk Section 404. City Clerk. Powers and Duties Section 405 . Administration/Personnel Section 406 . Retirement System Section 407. Boards, Commissions and Committees c-1 4 ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances Section 5.01. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget. Preparation by City Administrator Section 602. Budget. Submission to City Council Section 603. Budget. Public Hearing Section 604. Budget. Further Consideration and Adoption Section 605. Budget. Appropriations Section 606. Determination of City Tax. Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Sale of Public Utility' Section 613. Execution of .Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section. 616 . Independent Audit ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII . MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations R<: c-2 CHARTER We, the people of the City of Huntington Beach, State of California, do' ordain and establish this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California. r ARTICLE I INCORPORATION A D�OW�RS OF THE CITY Section 100.. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach." . Section 101. SEAL. The City shall have an official seal which may be changed. from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed_ in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be .provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as- limitations upon the ,general grant of power and shall be construed narrowly. If any provision of this Charter, or the application thereof.. to any person or circum- stance is held invalid, the remainder of the Charter and the, application of such provision to other persons or circum- stances , shall not be affected thereby. Section ,105 . INTERGOVERNMENTAL RELATIONS.. The City may exercise any of its powers or..perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise., with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT .Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator form of 'government. c-3 ARTICLE III' ELECTIVE OFFICES Section 300. ELECTIVE OFFICERS. . The elective officers of the City shall consist of seven members of the City Council, a City Attorney and a City Auditor, Section 301. CITY COUNCIL., COMPOSITION, ELIGIBILITY, ELECTION AND TERM.. (a) ' Composition. There shall be a City Council of seven members elected by the qualified voters of the City at large. (b) Eligibility. Only qualified voters of the City of Huntington Beach who have resided in the City for a period exceeding thirty days prior to the date established for filing nomination papers shall be eligible to hold office as members of the City Council. (c) Election and Terms. Four members. of the City Council shall be elected at the general municipal elections held in April, 1978 and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal elections held in April, 1980 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. This section shall apply to persons currently members of the City Council. Section 302 . POWERS VESTED. IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this ' Charter. Section 303. COMPENSATION AND EXPENSES. The members of the City Council including the Mayor shall .receive as corfipensa- tion for their services a monthly. salary the amount of which shall be determined by the following schedule: Population Monthly Salary (a) 150,000 to and including 200,000 .$400 (b) Over 200,000 to and including 250,000 $500 (c) Over 250 ,000 $600 c-4 The Mayor shall receive an additional $100 monthly stipend to supplement this salary. For the purposes of this section the population shall be determined by the estimates of population made by the Department of Finance of the State of California. The monthly compensation of Council members may be increased once annually beyond the amount established in this schedule by an ordinance enacted by the City Council but the amount of such increase may not. exceed 5% in any given calendar year from the effective date of. this Charter, and shall not provide for automatic future . increases in salary. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council . authorized traveling and other expense .when on official duty upon submission of itemized expense accounts therefor. Any fringe benefits paid by the City to department heads - shall be available to City Council members. Section 304. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month ' at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn- any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour. for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the. next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circula tion, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified. in. the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be ,considered at such meeting. If any person. entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. .Such waiver may be given by telegram. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In . the event of an emergency affecting the .public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice, provided that the nature of the emergency is set forth in the minutes of the meeting. c-5 (c) Place of Meetings. All regular meetings shall be held in the Council Chambers -of the City or in such place within the City to which any such meeting may be adjourned. If, by .reason of fire, flood or .other emergency•, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of .the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members. of the City .Council. Special meetings may be. held in any location outside the limits of the City within a distance not to exceed 100 miles, but no executive sessions may be held nor action taken by the Council .at such meetings. (d) . Open Meetings. All regular, and special meetings of . the City Council shall be open and public, and all persons shall be permitted to attend. such meetings, except that the provisions of this Section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. . - Section 305. QUORUMS , PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council .shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk .to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the. City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of .the City Council- shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the .City Council. The City "Council shall have the power and authority to compel the attendance of. witnesses, to examine them under oath and to compel the production of evidence. before it. . Subpoenas shall be issued in the name of the City and be. attested by the City Clerk. They shall be •served and complied with in the same manner as subpoenas in •civil. actions. Disobedience of such subpoenas, or the� refusal `to testify (upon. other than constitutional grounds) , shall constitute a misdemeanor, . and shall be punishable in the same. manner as violations of this Charter are punishable.. The City Council c-6 shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys .to take charge of or may contract for any prosecu- tions, litigation or other legal matters or' business. (c) Rules of Order. The City Council may establish rules for the conduct of its proceedings and evict or prosecute any member or other person -for disorderly conduct at any of its meetings. upon adoption of any ordinances, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall- call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 306. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as . its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the , primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City. government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed .by the City Council . The Mayor shall serve in such capacity at the pleasure of the City Council. Section 307. MAYOR PRO-TEMPORE. The City Council shall. also designate one of its members as Mayor Pro-Tempore, who shall serve in such capacity at the pleasure of. the. City Council. The Mayor Pro-Tempore shall perform the duties of the Mayor during the Mayor' s absence or disability or at the Mayor' s request. Section 308. NON-INTERFERENCE WITH ADMINISTRATION. - Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in the administrative service of the City, of any person to any office or. employment, . or removal there- from. . Except for the purpose of investigations and inquiry, the members of the City Council shall deal with the adminis- trative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to .any subordinate of the City Administrator, either publicly or privately. c-7 Section 309 . OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bonds would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond; there shall be no personal liability upon, or any right to recover against, the employee's superior officer or .other officer or employee or the bond of the latter, .unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 310. CITY ATTORNEY - COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a} Composition. There shall be a City Attorney elected by the qualified voters of the City at large. (b) Eligibility. To become and remain eligible for the office of City Attorney, a person must. be a qualified voter of the City of Huntington Beach who has resided in the City for .a period exceeding thirty days prior to the date established for filing of nomination papers and an attorney at law, duly licensed as such under the laws of the State of California. (c) Election and Term. The City Attorney shall be elected at the general municipal elections held in April of 1978 and each fourth year thereafter. Section 311. CITY ATTORNEY. POWERS AND DUTIES. 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 City employment or by reason of official capacity. c-8 (d) Attend all regular meetings of the City Council, Unless excused, and give 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 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 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 all books, papers , . files , and documents pertaining to the City's affairs to a duly qualified successor. Section 312. CITY ATTORNEY. COMPENSATION. The City Attorney shall receive compensation and fringe benefits to be fixed by the City Personnel Commission effective the beginning of each fiscal year based on objective criteria for the position. The compensation of the City Attorney shall not be reduced nor shall fringe benefits be diminished below those normally enjoyed by department .heads after the election or during a term of office. Section 313. —CITY AUDITOR. COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a) Composition. There shall be a City Auditor elected by the qualified voters of the City at large. (b) Eligibility.. To become and remain eligible for the office of City Auditor, a person. must be a qualified voter of the City of Huntington Beach- who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers and a college graduate with a Bachelor of Science or Bachelor. of Arts degree and a major in accounting. or finance. (c) Election and Term. The City Auditor shall be elected at the general municipal election held in April of 1980, and each fourth .year thereafter. c-9 Section 314. CITY AUDITOR. POWERS AND DUTIES. The City Auditor shall have the power and may be required to: (a) Develop an internal audit mechanism and be solely responsible for conducting the internal -financial and operational audits of City records, accounting and financial "operations and systems, and City operating procedures. (b) Submit monthly reports to the City Council including findings and recommendations. (c) Submit an open annual report and any supplemental reports as are necessary to the people containing an evaluation of the financial status of. the City. . (d) Review internal control procedures to assure accounta- bility of revenues and expenditures and accuracy and effectiveness of accounts .records, transactions and operating policies of all City departments. The Council shall provide reasonable staff and budgetary support necessary for the performance of the duties of the City Auditor. Section 315. CITY AUDITOR. COMPENSATION. The City Auditor shall receive compensation and fringe benefits to be fixed by the City Personnel Commission effective the beginning of each fiscal year based on objective criteria for the position. The compensa- tion of the City Auditor shall not be reduced nor shall fringe benefits be diminished .below those normally enjoyed by department heads after the election or during a_ term- of . office. Section 316. VACANCIES, FORFEITURES -AND REPLACEMENT. . (a) Vacancies. A vacancy in the City Council,, City Attorney, or City Auditor, from whatever. cause. arising, shall be filled by appointment by the City. Council, such appointee to hold office until a successor qualifies. At the next general municipal election following any vacancy, .a successor shall be elected to serve for the remainder of the unexpired term. In this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the. ballot and elect a successor. (b) Forfeiture. If a member :of the City Council is absent from all. regular meetings. of the. City Council for a .period of thirty consecutive days from .and after the. last regular City Council meeting attended by such member, unless by permission of the City Council expressed in. its official minutes , the office shall become vacant. 'If an elected-City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City, the -office shall become vacant. The c-10 City Council shall declare the existence . of .such vacancy. Any elective officer of the. City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City government. (c) Replacement. In the. event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy. for the remainder of the unexpired term. Section' 317 . CONFLICT OF INTEREST, . NEPOTISM (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and. promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person . who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member. within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this pro- vision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY.ADMINISTRATOR. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Administrator , who shall be the chief administrative officer of the City. (b) Term. The Administrator shall be appointed by the affirmative vote of at. least a majority of the members of the City Council and shall serve at the .pleasure of the City Council; provided, however, that the person occupying the office shall not be removed from office except as herein provided. c-11 (c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted. practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on 'the City Council . (d) Removal. The City. Administrator shall not be removed from office during or within a period of ninety . days next succeeding any municipal election at which a member of the City Council is elected. - At any other time the .City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. . At least thirty days prior to the effective date of removal, the City Administrator shall be furnished with a .written notice stating the Council ' s intentions and, if requested by the City Administrator, ..the reasons therefor. Within seven. days after receipt: of such notice, the City Administrator may by written notification to ' the City Clerk request a public hearing before the City Council-, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. - After furnishing the City Administrator with written notice of the intended removal, the City Council may suspend the Administrator from duty, but the compensation shall continue . until removal as herein provided. in removing the City Administrator, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular . showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as .otherwise provided in this Charter, the City Administrator shall be responsible to the. City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the. City Administrator shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads , officers and employees of the City except elective officers and the City Clerk. However, no department head shall be appointed or removed until the City Administrator shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment or removal . c-12 (b) Prepare the budget annually,. submit it to the City . Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of. the City and make such recommendations as may seem desirable. (e) Establish a centralized purchasing system for all City offices , departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchasing, inspection, storing, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. (h) Prescribe such general rules and .regulations as may be deemed necessary or proper for the general conduct of subordinate administrative offices and departments of the City. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of. the City Administrator, the Assistant City Administrator shall serve as Acting City Administrator. During any temporary absence or disability of both the City Administrator and the Assistant City Administrator, the City Administrator shall appoint one of the other officers or department heads .of the City to serve as Acting City Administrator. In the event the City Administrator fails to make such appointment, such appoint- . ment may be made by the City Council. Section 403. CITY CLERK. There shall be a City Clerk appointed by the City Council who shall serve at the pleasure of the City Council. c-13 Section 404. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be! required "to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear. appropriate title and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof -stating the same to be the original or a 'correct copy, and as to an- ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records ofall written contracts and official bonds. (d) Keep all books and records .properly indexed and open to public inspection when not in. actual use. (e) Be the custodian of the Seal of the City. .(f) Administer oaths or affirmations, .take affidavits ' and depositions pertaining to the affairs and business of the City and certify copies of official records.. (g) Be ex-officio Assessor, unless the City :Council has ).,\'' availed itself, or does in the future avail itself, of the ,V.,� provisions of the general laws of the State relative to the 41�1 assessment of property and the collection of City taxes by count officers , or unless the City Council b ordinance , y y by .ordinance otherwise. (h) Be responsible for the conduct of all .City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist or act C for the City Clerk, at such salaries or compensation .as the Council may by .ordinance` or resolution prescribe. Section 405. ADMINISTRATION/PERSONNEL. (a) Administration. In addition to the City Council, a City Clerk, a City Auditor, a City. Attorney and City Administrator, the officers and employees of the City shall c-14 consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. (b) Personnel. The City Council shall, within six months of the .effective date of this Charter, establish by ordinance a comprehensive personnel system for the City. The City Administrator, the Assistant City Administrator, the City Clerk and department heads shall be exempt. Those appointive officers and employees exempt from the system shall, however, be entitled to all other fringe benefits available to City employees. The system shall comply with all other provisions of this Charter and the system or the lists of officers and employees included within or exempt from the system may be modified from time to time by ordinance. In addition, the City Council shall by ordinance establish a Personnel Commission. Section 406. RETIREMENT SYSTEM. The City shall partici- pate in a retirement system. Section 407. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall . report directly to the City Council and shall operate as follows : (a) Boards shall serve in ah .advisory capacity to the City Council. (b) Commissions may have decision making authority in those activities delegated to them by the City Council. (c) Committees shall be established on an ad hoc basis to advise the City Council on particular matters. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500 . REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In .addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially c-15 as follows : "The City Council of the City of Huntington Beach ' does ordain as follows: . " No order for the payment of money shell be adopted or made at other than a regular or adjourned regular meeting. Upon introduction, a regular ordinance shall be read in full unless a full reading thereof is waived. by unanimous consent of City Council members present at that meeting. Unless* a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All. ordinances -shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its enactment. In the event that .any ordinance is altered after its introduction, it shall be .finally adopted only at a regular or adjourned regular meeting held no less than five days .after the date it was so altered. The correction of . typographical or clerical errors . shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) . Publication. The City. Clerk shall cause each ordinance to be published at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper published _ in the County. or the City and .circulate' d. in the City which is selected by the City Council for that purpose. (d) Amendment.' The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an . election; (2) An improvement proceeding. ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property; (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference , with the same effect as an ordinance, c-16 iii the manner set forth herein; however , such regulations and codifications need not be published in the manner required for other ordinances , but not less than three copies thereof shall he filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the- effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace , health, or safety, and containing a statement of the reasons for its Urgency , may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one. and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes . Section 502 . . RESOLUTIONS. The City Council . may act by resolution' or minute order in all actions not required by this Charter to. be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES.. The City Council shall cause to be published all legal notices and other matter.. required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose . No defect or irregularity in proceedings taken under this section shall invalidate any. :p.ublication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL RATION Section 600. FISCAL YEAR. The fiscal year of the City. shall be from July 1 to June 30 unless otherwise established by ordinance .- Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine: , each board or commission and each department head shall furnish to the City Administrator, personally, or through the Director of Finance , estimates of the department ' s , board' s or commission ' s revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the .proposed , budget , the City Administrator shall review .the estimates , hold conferences thereon with the respective department heads , boards or commissions as necessary, and may revise the estimates as may be deemed advisable . c-17 Section 602. AN14UAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least thirty days prior to the * beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a .public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the offices of the City Clerk at least ten days prior to said hearing. Section 603. ANIMAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative votes of at. least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing, fiscal year. Copies thereof, certified 'by the City Clerk, shall be filed with the City Administrator, Director of Finance, City Treasurer, and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain. on file, . in the office of the City Clerk where it shall be available for. public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of depart- ments , offices and agencies of the City. Section 605 . ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, "offices and agencies for the respective objects and purposes therein named; provided, however, that the City Administrator may transfer funds .from one object or purpose to 'another within the. same .department, .office or agency. All appropriations shall lapse at the end of the fiscal year to. the extent that they shall not- have been expended or lawfully encumbered. At any public meeting after the adoption of. the budget, the City Council may amend or ,supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council. c-18 Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for . the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the. City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a. tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a. property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City; except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase . such: levy at any election at which the question of such additional levy for municipal. purposes is submitted to the electors. The number of years that such additional levy is to .be made shall be specified in such proposition. . (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities- of the City of principal- and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City under the State Employees ' Retirement System, the Federal Insurance Contributions Act, or ' other plan, for. the retirement of City Employees , due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be .made annually based on City Council approved estimates , but not to exceed $0.45 per One Hundred Dollars, for parks and recreation, libraries, advertising, music, promotion, and.public museums of natural and historical objects. c-19 Section 608 . VOTE REQUIRED FOR TAX MEASURES. . No tax, property tax, or other measure whose priniipal purpose is the raising of revenue , or any increase .in the amount thereof, shall be levied, enacted or established except "by ordinance ;idol)t.ed by the affirmative .votes of at least five (5) members of the City. Council ; provided, however, that any tax levied or collected pursuant to Section 607 (b) of this Charter shall be exempt from the minimum voting requirement of this Section. This Section shall not apply to any license , permit, or any other fee or charge whose principal purpose is to pay or reimburse the City _ for the cost of performing any regulatory function of the City under its police power in connection with the City' s duty to preserve or maintain the. public peace , health, safety and welfare. This - Section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to .the user ' or person receiving such service, and is' to pay or reimburse the City for the costs of providing such use or service. This Section shall not apply :to any fee or charge relating to any franchise or properietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or. conveyance of any interest .in real property unless authorized by the .affirmative votes of a majority of the electors voting on a proposition. submitted to the electors to authorize such tax at a general or special. election. Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of twelve percent of the total assessed valuation, for purposes of City taxation, of all the real and personal. property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors . Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues , other than taxes , as may be specified in such bonds , may be issued when the _City Council by ordinance . shall have established a procedure for the issuance of such bonds . Such bonds , payable only out of revenues , shall not c-20 constitute an indebtedness or general. obligation of the City. Ho such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the propo- sition for issuing the same at an election at which such proposition shall have been duly submitted- to the registered Voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds , for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the swine fund or revenues, for restrictions upon transfer out of such fund, and other appropriate convenants. Money placed in any such special fund for -the payment of principal and/or interest on any issue of such bonds or' to assure the application thereof to a .specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such . special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of .unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least a majority of the electors voting on such proposi- tion at a general or special election at which such proposition is submitted. Section 613. EXECUTION OF CONTRACTS . Except as herein- after provided, the City shall be bound by a contract only if it is made in writing, approved by the City. Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows : (a) By ordinance or. resolution the City Council may authorize the City Administrator or other officer to bind the City, with or without a written .contract; for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council,- and may impose a monetary limit upon such authority. c-2-1 (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City Service. or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for . the sale of -the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Administrator upon forms . approved by the City Administrator and at rates fixed by the City Council. (d) Any contract deemed by 'the City Administrator or any head of a City department to: be necessary as an emergency measure for the immediate preservation. of the public peace., health or safety, and containing a statement of the reasons for its urgency, may be entered into on behalf of the. City by such City officer. without the prior approval of the City Council, in an amount not to. exceed $10,000. Section 614. CONTRACTS ON PUBLIC WORKS. Except as herein- after -expressly provided, every contract involving an expenditure of more than Ten Thousand Dollars ($10,000) for the construction or improvement (excluding maintenance and repair) of public buildings , works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for , such purchase shall exceed the. sum of Ten Thousand .Dollars ($10,000) , shall be let to the lowest responsible bidder after notice by publication in accordance with Section 906 by two or more insertions, the first of which shall be at least ten days before the time" for opening bids.. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, . or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ($10 ,000) , . the City Council may declare and determine that in its opinion, the work in question. may be performed better or more. economically by the City with its own employees , or that the materials or supplies may be purchased at a lower price .in the open market, and after the adoption of a resolution to this effect by the affirmative votes of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum of $10,000 may be let and purchases exceeding the sum of $10 ,000 may be c-22 made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed- by the City, Council to be of urgent necessity for the preservation of life, health,. or property and shall be authorized by at least five affirmative votes "of the City Council." Projects for the extension, replacement or expansion of the transmission or distribution -system of any existing public .utility operated by the City orfor the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirma- tive vote of a majority of the .total members of the City Council. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems . necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of. its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually provided that the designation for any parti- cular fiscal year shall be made no later than 30 days after the beginning of suchfiscal year. As soon. as . practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by' the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. ARTICLE. VII ELECTIONS Section 7.00. GENERAL MUNICIPAL ELECTIONS. .. General municipal elections shall be -held in ' the City on the second Tuesday in April in each even-numbered year. Section 101. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. c-23 i Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of . the elections code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not. in conflict with this Charter. Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California; as the same now .exist- or hereafter may be amended, governing the initiative and referendum .and the recall of municipal officers, shall apply to the use thereof in the City so far as such .provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. Nomination papers. for candidates for elective municipal office must be signed by fifty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualifica- tions of their respective. successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council-.adopts. appropriate ordinances pertaining to their activities or for one year, whichever occurs. first. All lawful ordinances, resolutions , rules and regulations, and portions thereof, in force. at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires , as used in this Charter: (a) "Shall" is mandatory, and may is permissive (b) "City" is the City of Huntington Beach and "department, " "board, " "commission," "agency," "officer, " or "employee, " is a department, board, commission, agency, officer or employee, as the case may be,. of the City of Huntington Beach. (c) "County" is the County of Orange. c-24 G (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802 , VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding Five Hundred Dollars. or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, .and each day that any such violation continues shall constitute a separate violation. c-25 Pages C=7 C-13 C-15 C-17 C-19 C-23 C-27 C-31 were -updated due to typographical errors. � f CITY CHARTER TABLE OF CONTENTS ARTICLE I . NAME OF CITY Section 100 . Name Section 101. Seal ARTICLE II . BOUNDARIES Section 200 . Boundaries ARTICLE III . SUCCESSION Section 300 . Rights and Liabilities Section 301. Ordinances Continued in Effect Section 302 . Rights of Officers and Employees Preserved Section 303. Continuance of Present Officers and Employees Section 304 . Continuance of Contracts and Public Improve- ments Section 305 . Pending Actions and Proceedings Section 306 . Effective Date of Charter ARTICLE IV. POWERS OF CITY Section 400 . Powers of City Section 401. Procedures ARTICLE V. CITY COUNCIL AND ELECTIVE OFFICERS Section 500 . City Council, Clerk, Treasurer and Attorney, Terms Section 501. Eligibility Section 502 . Compensation Section 503. Vacancies Section 504 . Presiding Officer Section 505 . Powers Vested in City Council Section 506. Regular Meetings Section 507. Special Meetings Section 508. Place of Meetings Section 509 . Quorum. Proceedings Section 510 . Citizen Participation Section 511. Adoption of Ordinances and Resolutions Section 512 . Ordinances . Enactment. Publication Section 513. Codification of Ordinances Section 514 . Ordinances . When Effective Section 515. Ordinances . Violation. Penalty Section 516 . Ordinances . Amendment Section 517. Publishing of Legal Notices Section 518 . Contracts . Execution ARTICLE VI . CITY ADMINISTRATOR Section 600 . City Administrator c-1 7 t Section 601. Residence Section 602 . Eligibility Section 603. Compensation and Bond Section 604 . Powers and Duties Section 605 . Meetings Section 606 . Removal Section 607. Non-Interference with Administrative Service Section 608 . Acting City Administrator ARTICLE VII . OFFICERS AND EMPLOYEES Section 700 . Enumeration Section 701. Appointment and Removal Section 702 . Administrative Departments Section 703. City Attorney. Powers and Duties Section 704 . City Clerk. Powers and Duties Section 705 . City Treasurer. Powers and Duties Section 706 . Director of Finance. Powers and Duties Section 707. City Engineer. Police Chief. Fire Chief Section 708. Administering Oaths Section 709 . Illegal Contract. Financial Interest Section 710 . Acceptance of Other Office Section 711. Nepotism Section 712 . Official Bonds ARTICLE VIII . APPOINTIVE BOARDS AND COMMISSIONS Section 800 . In General Section 801. Appropriations Section 802. Appointments . Terms Section 803. Existing Boards Section 804 . Meetings . Chairman Section 805 . Oaths . Affirmations Section 806 . Planning Commission. Powers and Duties Section 807. Library Board. Powers and Duties Section 808. Personnel Board. Powers and Duties ARTICLE IX. BOARD OF EDUCATION Section 900 . State Law Governs Section 901 . Effect of Charter on District Section 902 . Effect of Charter on Board ARTICLE X: PERSONNEL SYSTEM Section 1000 . System to be Established ARTICLE XI . RETIREMENT Section 1100 . State System ARTICLE XII . FISCAL ADMINISTRATION Section 1200 . Fiscal Year Section 1201. Annual Budget. Preparation by the City Administrator c-2 Section 1202 . Budget . Submission to City Council .Section 1203 . Budget . Public Hearing Section 1204 . Budget . Further Consideration and Adoption Section 1205 . Budget . Appropriations Section 1206 . Centralized Purchasing Section 1207 . Tax Limits . Section 1208 . Tax Procedure Section 1209 . Bonded Debt Limit Section 1210 . Revenue Bonds Section 1211 . Contracts on Public Works Section 1212 . Contingency Fund Section 1213 . Capital Outlays Fund Section 1214 . Treasurer' s Departmental Trust Fund Section 1215 . Other Funds Section 1216 . Claims and Demands . Presentation and Payment Section 1217 . Actions against City Section 1218 . Registering Warrants Section 1219 . Independent Audit Section. 1220 . Sale of Public Utility Section 1221 . Real Property Transfer Tax Section 1222 . Vote Required for Tax Measures ARTICLE XIII . ELECTIONS Section 1300 . General Municipal Elections Section 1301 . Special Municipal Elections Section 1302 . Procedure for Holding Elections Section 1303 . Initiative, Referendum and Recall ARTICLE XIV. FRANCHISES Section 1400 . Granting of Franchises Section 1401 . Resolution of Intention. Notice and Public Hearing Section 1402 . Terms of Franchise Section 1403 . Grant to be in Lieu of All Other Franchises Section 1404 . Eminent Domain Section 1405 . Duties of Grantees Section 1406 . Exercising Rights without Franchise ARTICLE XV. MISCELLANEOUS Section 1500 . Definitions Section 1501 . Violations Section 1502 . Validity c-3 � T CHARTER We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the or- ganic law of said City under the Constitution of said State. ARTICLE I NAME OF CITY Section 100 . NAME . The municipal corporation now exis- ting and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach. " Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. ARTICLE II BOUNDARIES Section 200 . BOUNDARIES . The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, and as such boundaries may be changed thereafter from time to time in the manner authorized by law. ARTICLE III ~ SUCCESSION Section 300 . RIGHTS AND LIABILITIES . The City of Hunting- ton Beach shall continue to. own, possess and control all rights and property of every kind and nature owned, possessed or con- trolled by it at the time this Charter takes effect and shall continue to be subject to .all its debts, obligations , lia- bilities and contracts. Section 301. ORDINANCES CONTINUED IN EFFECT. All lawful ordinances , resolutions , rules and regulations , and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 302 . RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED. Nothing in this Charter contained, unless otherwise specifically provided therein, shall affect or impair the personnel, pension or retirement rights or privileges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect. I c-4 t Section 303. CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES . The present officers and employees of the City shall continue without interruption to perform the duties of their respective offices and employments upon the same terms and conditions and for the compensation provided by the exis- ting ordinances , resolutions , rules or laws, but subject to such removal, amendment and control as is provided or permitted in this Charter, and, as to offices which are changed, abol- ished or superseded by this Charter, until the election or appointment and qualification of their respective successors under this Charter. Each elective officer whose office is made appointive under this Charter shall continue to hold such office subject to the provisions of this Charter, but his retirement status , rights or privileges shall not be deemed to be changed, altered or affected in any way by the adoption of this Charter so long as he holds such office . Section 304 . CONTINUANCE OF CONTRACTS AND PUBLIC IM- PROVEMENTS . All contracts entered into by the City or for its benefit prior to the effective date of this Charter and then in effect, shall continue in full force and effect according to their terms . Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the Council, may be carried to completion as nearly as practicable in accor- dance with the provisions of such existing laws or may be continued or completed under this Charter. Section 305 . PENDING ACTIONS AND PROCEEDINGS . No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office , department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained but all such actions or proceedings may be continued notwithstanding that functions , powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office, department or agency , but in that event the same may be prosecuted or defended by the head of the office , department or agency to which such functions , powers and duties have been assigned or trans- ferred by or under this Charter. Section 306 . EFFECTIVE DATE OF CHARTER. This Charter shall take effect upon' its approval by -the Legislature after it shall have been ratified by the qualified voters of the City in the manner set forth in the Constitution of the State. ARTICLE IV POWERS OF CITY �.� Section 400 . POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect c-5 to municipal affairs , subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. It shall also have the power to exercise any and all rights , privileges and powers , including proprietary powers , heretofore or hereafter established, granted or prescribed by any law of the State , by this Charter, or by other lawful author- ity, or which a municipal corporation might or could ex- ercise under the Constitution of the State of California, subject to such restrictions and limitations as may be .con- twined in this Charter. The enumeration in this Charter' of any particular power shall not be held to be exclusive of, or any limitation up- on, the generality of the foregoing provisions. Section 401 . PROCEDURES . The City shall have the power to and may act pursuant to any procedure established by any law of the State , unless a different procedure is required by this Charter. ARTICLE V CITY COUNCIL AND ELECTIVE OFFICERS Section 500. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS . The elective officers of the City shall consist of a City Council of seven members , a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors ,qualify. Subject to the provisions of this Charter, the five mem- bers 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, and shall constitute the City Council until two additional members are elected as hereinafter pro- vided. Four members of the City Council shall be elected at the general municipal election held in April, 1966 , and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April, 1968, and each fourth year thereafter. In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966 , and only two members of the City Council are then elected, a special election shall be called and held not less than 60 nor more than 90 days after the effective date of this Charter to elect two additional members of the City Council for the remainder of the terms expiring in April, 1970. c-6 Subject to the provisions of this - Charter, the City Clerk, -� City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the ex- . piration .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 April, 196.8, and each fourth year thereafter. A City Attorney shall be elected in April, 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 com- mence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots . Section 501. ELIGIBILITY. No person shall be eligible to hold office as a member of the City Council, City Attorney, . .City Clerk or City Treasurer unless he is and shall have been a resident and registered voter of the City for at least two years next preceding the date of his election or appointment. Section 502 . COMPENSATION The members of the City .0 oun cil including the Mayor shall receive as compensation for .their services as such a monthly salary in the sum of one. Hundred Seventy-Five Dollars per month. In addition, each member_ of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other ex- penses when on official duty upon submission of itemized .ex pense account therefor. In addition, members shall. receive., such reasonable and adequate amount as may be established by ordinance, which amount shall be deemed to be reimbursement to them of other routine and ordinary expenses , losses and costs imposed upon them by virtue of their serving as City Councilmen. The City Clerk and City Treasurer shall each receive a compensation for their services as such to be fixed by, ordi- nance, which compensation for such services shall not be in- creased or diminished after their election or during their respective terms of office. Section 503. VACANCIES. A vacancy in the City Council, or City Clerk, City Treasurer or City. Attorney, from what- ever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Monday following the next. general municipal election and until . his successor qualifies. At the next general municipal elec- tion following any vacancy,_a successor shall be elected to serve for the remainder of any unexpired term, if any. As used in xpregl munJ-c- p-� ele -tion�hall ,k z' x t te mean the next such election at which it is possible to place : the matter on the ballot and elect a successor.. c-7 If a member of the City Council absents himself from all regular meetings of the City Council for a period of thirty days consecutively from and after the last regular City Coun- cil meeting attended by such member, unless by permission of the City Council expressed in its official minutes , or is convicted of a crime involving moral turpitude , or ceases to be an elector of the City, his office shall- become vacant. The City Council shall declare the existence of any such vacancy. In the event it shall fail to fill a vacancy by appoint- ment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such . vacancy for the remainder of the unexpired term. Section 504. PRESIDING OFFICER. On the first Monday following any general or special municipal election at which any, Councilman . is elected, and at any time when there is a vacancy in the office of Mayor, the City .Council shall meet . and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings . He . shall be the official head of the City for all ceremonial purposes . He shall have the primary but not the exclusive responsiblity for interpreting the policies , programs and needs of the City government to the people, and as occasion requires, he may inform the people of any major. change in policy or program. He shall perform such other duties consistent with his office as may be prescribed by .. this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. The City Council shall also designate one of its mem- bers as Mayor Pro Tempore , who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. Section 505. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 506 . REGULAR MEETINGS . The City Council shall hold reg-ular meetings at least twice each month at such times as it - shall- fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be .specified in the order of adjournment and when so ad- journed each adjourned meeting shall be a regular meeting for all purposes . If the hour to which a meeting is adjourned is not stated in the order of' adjournment, such meeting shall be held at, the hour for holding regular meetings . If at any time c-8 any regular meeting falls on a holiday such regular meeting shall be held on the next business day. Section 507 . SPECIAL MEETINGS . A special meeting may be called at any time by the Mayor, or by a majority of the mem- bers of the City Council, by written notice to each member of the City Council and to each local newspaper of general cir- culation, radio or television station requesting notice in writing. Such notice, must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall spec- ify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any person entitled thereto° who, 'at or prior to the time the meeting convenes , files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any per- son who is actually present at the meeting at the time it convenes . Section 508. PLACE OF MEETINGS .. All meetings shall be held in the Council Chambers of the City or in such place with- . in the City to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place desig- nated, the meetings may be held for the duration of the emer- gency at such place within the' City as is designated by , the Mayor, or, if he should fail to act, -by a majority of the members of the City Council. Section 509 . QUORUM. PROCEEDINGS . A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time . In the absence of all the members of- the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting ad- journed by less than a quorum or by the City Clerk to be delivered personally or by mail to each Councilman at least twenty-four hours before the time to which the meeting is ad- journed, or such notice may be dispensed with in the same man- ner as specified in this Charter for dispensing with notice of special meetings of the City Council. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns . It may estab- lish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings . c-9 Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or pro- ceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses , to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk . They shall be served and complied with in the same manner as subpoenas in civil actions . Disobedience of such subpoe- nas , or the refusal to testify (upon other than constitutional grounds) , shall constitute a misdemeanor, and shall be punish- able in the same manner as violations of this Charter are punishable . Upon adoption of any ordinance, resolution, or order for payment of money , or upon the demand of any member, the city Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered' in the minutes of the meeting. Section 510 . CITIZEN PARTICIPATION . All regular and special meetings of the City Council shall be open and pub- lic and all persons shall be permitted to attend such meet- ings , except that the provisions of this Section shall not apply to executive sessions to consider the appointment, em- ployment, discipline or dismissal of a public officer or em- ployee or to hear complaints or charges brought against any such officer or employee . No resident or property owner shall be denied the right to be heard by the City Council , but such right shall be subject to such reasonable rules and regulations as may be authorized or adopted by ordinance . A discussion with the City Attorney relating to pending or threatened litigation shall not be considered to be a regular or special meeting with- in the meaning of this Section. Section 511. ADOPTION OF ORDINANCES AND RESOLUTIONS . With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article, no ordi- nance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of introduction or adoption of an ordinance or resolution it shall be read in full, unless . after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmen pres- ent, except that emergency ordinances shall be read in full. In the event that any ordinance is altered after its intro- duction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. c-10 The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes . Any ordinance, resolution or other action of the City Council providing for the imposition, establishment, levy, collection or increase in rate of any property tax, income tax, excise tax, or any other tax or fee, or the change in base or any other provision of such tax or fee, which change has the effect of increasing the amount of tax payable, may be enacted only by the affirmative vote of at least three-fourths (3/4ths) of the total voting members of the City Council; provided, however, that any tax levied or collected pursuant to Section 1207 (b) of this Charter shall be exempted from the three-fourths (3/4ths) voting requirement of this paragraph. Any ordinance, resolution or other action of the City Council described in the next preceding paragraph, adopted on or after January 19, 1976 and prior to the date upon which this amendment shall become effective, is hereby repealed. c�10�1 Section 512. ORDINANCES. ENACTMENT. PUBLICATION. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be sub- stantially as follows : "The City Council of the City of Huntington Beach does ordain as follows : . " The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption. In the event the publication of any ordinance shall not be made within said period of fifteen days hereinabove designated, said ordinance shall not be rendered null and void. Section 513. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance. Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing and wiring, and fire regulations, arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this Section. Maps, charts and diagrams also may be adopted by reference in the same manner. c-11 I I i I I Section 514. ORDINANCES . WHEN EFFECTI''VE. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption : (a) An ordinance calling or otherwise relating to an election; (b ) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; ( c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property ; (d) An emergency ordinance adopted in the manner provided in this Article. Section 515 . ORDINANCES . VIOLATION. PENALTY. A viola-. tion of any ordinance of the City shall constitute a misde- meanor and may be prosecuted in the name of the People of the State of California and/or may be redressed by civil action. The maximum fine or penalty for any violation of a . City ordinance shall be the sum of Five Hundred Dollars, or a term of imprisonment for a period not exceeding six months , or both. The City Council may provide by ordinance that persons imprisoned in the City Jail for violation of law or ordinance may be compelled to labor on public works . Section 516 . ORDINANCES . AMENDMENT. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,' as amended. Section 517. PUBLISHING OF LEGAL NOTICES .. The City Council shall contract for the publication of all legal no- tices , ordinances and other matter required to be published in a newspaper of general circulation in the City. Each such contract shall cover a period of not less than one nor more than three years . In the event there is more than one news- paper of general circulation published within the City , the contract shall be made only after the publication of a notice inviting bids therefor. In the event there is only one news- paper of general circulation published in the City, then the City Council shall .have the power to contract with such news- paper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be ; c-12 the official newspaper for the publication of such notices or other matter for the period of such contract. Any such newspaper of general circulation shall mean a newspaper ad- judicated to be a newspaper of general circulation within the :City. In no case shall the contract prices for such publication .exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. In the event there is no newspaper of general circulation published in the City, or in the event no such newspaper will accept such notices or other matter at the rates permitted herein,. then all legal notices or other matter may be published by posting copies thereof in at least three public places in . . the City to be designated by ordinance'. No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in con- formity :with this Charter or law or ordinance. Section 518. CONTRACTS . EXECUTION. The City shall not be bound by any contract, except as hereinafter provided, unless . the same shall be made in writing, approved by the City Coun- cil and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be desig- nated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed .to. do so by.. the City Council. By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City,. with. or without a written contract, for the acquisition of equip ment, materials, supplies , labor, services or other items in- cluded within the budget approved by the City Council, and. may impose a monetary limit upon such authority. The City Council may by ordinance or resolution pro- vide a method for the sale or exchange of personal property not needed .in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products , commodities or . services of any public utility owned, controlled or operated by the City may be made by the manager of, such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. c-13 i The provisions of this Section shall not apply to the employment of any person by the City- at a regular salary. ARTICLE VI CITY ADMINISTRATOR Section 600. CITY ADMINISTRATOR. There shall be .a City Administrator who shall be the chief administrative officer of the City. He shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however, that he shall not be removed from office except "as provided in this Charter. He shall be chosen on' the basis of his executive and administrative qualifications , with- special reference to his actual experience in, and his know- ledge of, accepted practice in respect to -the duties of his office as herein set forth. Section 601. RESIDENCE. The City Administrator need not be a resident .of the City at the time of .his appointment, but he shall establish his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain 'his residence within the City during his tenure of office. Section 602 . ELIGIBILITY. No person shall be eligible to receive appointment as City Administrator or Acting. City Admin- istrator while ,serving as a member of the City Council nor within one year after he has ceased to be a member of the City Council. Section 603. COMPENSATION AND BOND. The City Adminis- trator shall be paid a salary commensurate with his responsi- bilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Administrator shall furnish a corporate surety bond con- ditioned upon the faithful performance of his duties in such form and in such amount as may be determined by the City Council; the premium on such bond shall be paid by the City. Section 604_.__POWERS AND DUTIES . The City Administrator shall be the chief administrative officer and head of the ad- ministrative branch of the City Government. Except as other- wise provided in this. Charter, he shall be responsible "to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers , responsibilities and duties , subject to the provisions of this Charter, including the personnel provisions thereof, the City Administrator shall have power and be required to: (a) Appoint, and he may promote, demote, suspend or remove., all department heads, officers and employees of the c-1=� City except elective officers and those department heads , officers and employees the power of whose appointment is vested by this Charter in the City Council. He may authorize the head of any department or office to appoint or remove subordinates in such department or office . No department head shall be appointed or removed until the City Administra for shall first have reviewed such appointment or removal with the City Council and received its approval for such appoint- ment or removal. (b) - Prepare the budget annually, submit it to the City Council, and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances . of the City for the preceding fiscal year, and annually or. more fre- quently , a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial con- dition and future needs of the City and make such recommenda- tions as may to him seem desirable. (e) Establish a centralized purchasing system for all City offices , departments and agencies . (f) Prepare rules and regulations governing the con- tracting for, purchasing, inspection, storing, inventory, dis- tribution and disposal of all supplies, materials and equip- , merit required by any office, department or agency of the �- City government and recommend them to the City Council for adoption by ordinance, and administer and enforce the same after adoption. (g) Supervise the enforcement of the laws of the State pertaining to the City, the provisions of this Charter and the .. ordinances, franchises and rights of the City . (h) Subject to policy established by the City -Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and depart- ments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him by the City Council. Section 605. MEETINGS . The City Administrator shall be . accorded a seat at all meetings of the City Council and of all boards and commissions and shall be entitled to partici- pate in their deliberations , but shall not have a vote. He shall receive notice of all special meetings of the City Coun- cil, and of all boards and commissions . He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. c-15 Section 606 . REMOVAL. The City Administrator shall. not be removed from office during or within a period of. ninety -1 days next succeeding any municipal election at which a mem- ber of the City Council is elected. At any other time the City Administrator may be removed only at a . regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. At least thirty days prior to the effective date of his removal, the City Ad- ministrator shall be furnished with a written notice stating the Council's intention to remove him and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator may by written notification to the City Clerk request a pub- lic hearing before the City Council, in which event the Coun- cil shal-1 fix ,a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator with written notice of his intended re- moval, the City Council may suspend him from duty, but his compensation shall continue until his removal as herein pro- vided. In removing the City Administrator, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 607. NON-INTERFERENCE WITH ADMINSTRATIVE SERVICE. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appoint- ment by the City Administrator, or by any of the department heads in the administrative service of the City, of any .person to any office or employment, or his . removal therefrom. Ex- cept for the purpose of inquiry , no member of the City Council shall deal with the administrative service under the jurisdic- tion of the City Administrator except through the City Admin- istrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. Section 608. ACTING CITY ADMINISTRATOR. The City Admin- istrator shall appoint, subject to the approval of the City Council, one of the other officers or 'department heads of the City to serve as Acting City Administrator during any temporary absence or disability of the City Administrator. If he fails to make such appointment, the City Council may appoint an officer or department head to serve as such Acting City Administrator during any such absence or disability. c-16 ARTICLE VII OFFICERS AND EMPLOYEES Section 700 . ENUMERATION. In addition to the City Coun- cil, a City Clerk, a City Treasurer, and City. Administrator, the officers and employees of the City shall consist of a .. City Attorney, a ..Director of Finance, a Director of Public Works , a Planning Director, a Police Chief, a Fire Chief, and such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. Section 701. APPOINTMENT AND REMOVAL. All officers , de- partment heads and employees of the City , except elective of- ficas , shall be appointed and may be removed as elsewhere in this Charter provided. Section 702 . ADMINISTRATIVE DEPARTMENTS . The City Coun- cil may provide by ordinance or resolution not inconsistent with this Charter for the organization, conduct and operation of the several offices and departments of the City as estab- lished by this Charter, for the creation of additional depart- ments , divisions , offices and agencies and for their consolida- tion, alteration or abolition. It may further provide by or- dinance or resolution for the assignment and reassignment of functions , duties, offices and agencies to offices and depart- ments, and for the number, titles , qualifications, powers , duties, and compensation of all officers and employees , con- sistent with this Charter. Each department so created shall be headed by an officer as department head. When the positions are not incompatible, the City Coun- cil may combine in one person the powers and duties of two or . more officers , provided, however, that the same person shall not hold the positions of City Treasurer and Director of Finance. Section 703. CITY ATTORNEY. POWERS AND DUTIES . To be- come and remain eligible for City Attorney the person elected or appointed shall be an attorney at law, duly licensed as. such under the laws of the State of California, and shall have been engaged in the practice of law in this. State for at least three years prior to his 'election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices . (b) Prosecute on behalf of the people any or all crimi- nal 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 pro- vided by the City Council. c-17 (c) Represent and appear for the City in any or all ac- tions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or em- ployee , or former City officer or employee, in any or all civil actions or proceedings in which such officer or employ- ee 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, un- less excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City , endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his successor all books , papers , files and documents pertaining to the City' s affairs . The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecutions , litigation or other legal matters or �✓ business . Section 704. CITY CLERK. POWERS AND DUTIES . The City Clerk shall have the power and shall be required to.: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintain- ing of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose. (b) Maintain separate books , in which shall be recorded respectively all ordinances and resolutions , with the certi- ficate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been pub- lished or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds . (d) Keep all books and records in his possession prop- erly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations , take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. c-18 (g) Be ex-officio Assessor,. unless the City Council 'J has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to. the assessment of property and the collection of City taxes by county officers , or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections . (i) Perform such other duties consistent with this Char- ter as may be required by ordinance or resolution of the City Council. The City Clerk may, subject to the approval of the City . Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may . by ordinance or resolution prescribe. Section 705. CITY TREASURER. POWERS AND DUTIES . The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the city all taxes, assessments, license fees and other revenues of the City, or for the col- lection of which the City is responsible, and receive all. taxes or other money receivable by the City from the County, State or Federal Government, or from any court., or from any office, de- partment 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 de- posited .all funds coming into his hands in such depository as. may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts , disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy .or deputies to assist him or act for him, at such salaries or compensation as the Council..may by ordinance or resolution prescribe. c-19 Section 706 . DIRECTOR OF FINANCE. POWERS AND DUTIES . ' To be eligible for appointment as Director of Finance , the per- son appointed shall have had at least six years of responsible financial experience including at least four years in a public agency and shall have such other qualifications as may be: re- quired by the City Council. The Director of Finance shall have the power and shall be required to: (a) Have charge of the administration of the financial af- fairs of the City under the direction of the City Administrator,. and be head of the Finance Department of the City. (b) Assist the City Administrator in the preparation and execution of the budget. (c) Establish and maintain a system of financial pro - cedures, accounts and controls for the City government and each of its offices , departments and agencies . (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment all bills , invoices, payrolls , demands or charges against the City government; with -the advice of the City Attorney, when neces- sary, determine the regularity, legality and correctness of such claims , demands or charges ; and draw warrants upon the City Treasurer for all claims and demands audited and approved as in this Charter provided specifying the purpose for which drawn and the fund from which payment is to be made. (e) Supervise and be responsible for the receipt and collection of all taxes , assessments , license fees and other revenues of the City, or for the collection of which the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office , department or agency of the City. (f) Submit to the City Council through the City Adminis- trator a monthly statement of all revenues and expenditures in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a com- plete financial statement and report. (g) Supervise the keeping of current inventories of all property of the City by all City departments , offices and agencies. (h) Perform such other duties consistent with this Char- ter as may be required of him. Section 707. DIRECTOR OF PUBLIC WORKS. PLANNING DIREC- TOR. POLICE CHIEF. FIRE CHIEF. The Director of Public Works, the Planning Director, the Police Chief and the Fire Chief shall be the heads of their respective departments , and these departments shall continue and remain separate departments . c-20 Section 708. ADMINISTERING OATHS . Each department head ' and his deputies shall have the power to administer oaths and affirmations in connection with any official business pertain- ing to his department. Section 709 . ILLEGAL CONTRACT. FINANCIAL INTEREST. No member of the City Council shall have a financial interest, directly or indirectly, in any contract, sale or transaction to which the City is a party and neither shall any officer or employee , or member of any board or commission, have an inter- est in any contract, sale or transaction to which the City is a party and which comes before said officer or employee , or member of any board or commission, or the deparment or office of the City with which he is connected, for official action. Any such contract or transaction in which there shall be such an interest shall become void at the election of the City, when so declared by resolution of the City Council. No member of the City Council, City official or employee , or member of any board or commission, shall be deemed to have a financial interest, within the meaning of the foregoing pro- visions , in any contract made with a corporation by reason of the ownership of stock in such corporation unless said stock owned by him shall amount to at least three percent of all the stock of such corporation issued and outstanding. No City Councilman or member of any board or commission shall vote on or participate in any contract or transaction in which he has directly or indirectly a financial interest whether as a stockholder of the corporation or otherwise . If any officer, or employee , or member of any board or commission, during the term for which he was elected or appointed, shall so vote or participate , or shall have a financial interest as aforesaid, upon conviction thereof, he. shall forfeit his office. Section 710 . ACCEPTANCE OF OTHER OFFICE . Any elective officer of the City who shall accept or retain any other elec- tive public office, except as provided in this Charter, shall be deemed thereby to have "vacated his office under the City government. Section 711. NEPOTISM. The City Council shall not ap- point to a salaried position under the City government any per- son who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of his or of any Councilman within such degree to any such posi- tion. Af. Section 712 . OFFICIAL BONDS . , The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required v c-2.1 i by this Charter or by ordinance to give such bonds . All bonds i shall be executed by responsible corporate surety , shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bonds would pro- vide. In all cases wherein an employee of the City is required i to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against , his superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has con- spired in the wrongful act directly .or indirectly causing the loss . i ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS i Section 800 . IN GENERAL. There shall be the following j named advisory boards and commissions which shall have the j powers and duties herein stated. In addition, the City Coun- cil may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may spec- ify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter. Section 801. APPROPRIATIONS . The City Council shall in- clude in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions . Section 802 . APPOINTMENTS . TERMS . The members of each of the boards or commissions hereinafter named in this Article shall be appointed by the City .Council from the registered voters of the City, none of whom shall hold any full time paid office or employment in the City government. They shall be subject to removal by motion of the City Council adopted by the affirmative votes of a majority of the total membership thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed j and qualified. The terms shall be staggered so that the num- ber of terms on any such board or commission expiring in any year shall not differ by more than one from the number of terms expiring in any other year. Such terms shall expire on June Thirtieth of the appitopriate year. A vacancy occurring before the expiration of a term shall be filled by appoint- ment for the remainder of the unexpired term. i i i c-22 Section 803, EXISTING BOARDS . The members of the boards and commissions holding office -when this Charter takes. effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualifed. If the membership of any board or commission is reduced or increased by this Charter, the members to be added or eliminated shall be determined by the City Coun- cil. The terms of the members of any existing board or com- mission shall be adjusted, if necessary, • to comply with the pro- visions of this Charter. Section 804 . MEETINGS . CHAIRMAN. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its ` members to serve as presiding officer at the pleasure of the board or commission. All meetings of said boards and commis- . sions shall be open to the public and all persons shall be permitted to attend such meetings, except that the provisions of this sentence shall not apply to executive sessions to con- sider the appointment, employment, discipline or dismissal of a public officer or employee or to hear complaints or charges. against any such officer or employee. The City Administrator shall designate a secretary for each of such boards and commissions who need not be a member of such board and commission, and who shall keep a record of its proceedings and transactions . Each board or commission u may prescribe its own rules and regulations , which shall be consistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Section 805. OATHS. AFFIRMATIONS . Each member of any such board or commission, and the secretary thereof, shall have the power to administer oaths and affirmations in any in- vestigation or proceeding- pending before such board or com- mission. Section 806 . PLANNING COMMISSION. POWERS AND DUTIES . There shall be a Planning Commission consisting of seven mem- bers who shall have been residents of the City- for at least two years immediately preceding' their appointment. The City Attorney and Director of Public Works, or their assistants, shall attend all meetings of the Planning Commission unless excused therefrom. The Planning Commission shall have the power and be required to: (a) Recommend to the City Council after a public hear- ing thereon, the adoption, amendment or repeal of a Master or General Plan, or any part thereof, for guidance in the physi- cal development of the City. c-23 (b) Exercise such functions with respect to land sub- divisions as shall be provided by ordinance not inconsistent with the provisions of this Charter. (c) Exercise such functions with respect to zoning, building, land use, precise plans, specific plans , and related matters may be prescribed by ordinance not inconsistent with the provisions of this Charter. (d) Perform such other functions not inconsistent with this Charter as may be delegated to it by the City Council. Section 807. LIBRARY BOARD. POWERS AND DUTIES . There shall be a Library Board consisting of five members which_ shall have the power and duty to: (a) Make recommendations to the City Council for the operation and conduct of City libraries . (b) Recommend to the City Council rules and regulations and by-laws for the administration and protection of City li- braries . (c) Recommend to the City Council .the duties and qualifi- cations of the librarian and other officers and employees of the libraries . (d) Make recommendations concerning the acquisition of books , journals , reports, maps , publications and other person- al property. (e) Make recommendations concerning the purchase or lease of real property and the rental or provision for ade- quate facilities , buildings or rooms for library purposes . (f) Make recommendations concerning the borrowing of library materials from and lending library materials to and exchanging library materials with other libraries subject to any costs and expenses approved by the City Council. (g) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Admin- istrator. (h) Within sixty days after the close of each fiscal year, report to the City Council on the condition of the li- braries for the preceding_fiscal year and on such other matters deemed .expe:dient by the Library Board. (i) Exercise such other functions not inconsistent with this Charter as may be prescribed by ordinance. Section 808. PERSONNEL BOARD. POWERS AND DUTIES . There shall be a Personnel Board consisting of five members, none of the members of which while a member of said board or for a period of one year after he has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City. The Personnel Board shall have the power and be required to: c-24 (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration; (b) After a public hearing thereon', recommend to the City Council, the adoption, amendment or repeal of personnel rules and regulations ; (c) Make any investigation upon request of the City Coun- cil concerning the administration of personnel in the municipal service and report its findings to the City Council and City Ad- ministrator; (d) Hear appeals: of any officer or employee under the Per- sonnel System who is suspended for a period of more than thirty days , demoted or removed, and report in writing to the appoin- ting power and City Council, its findings, conclusions and re- commendations; (e) Exercise such functions with respect to personnel or the Personnel System, not inconsistent herewith, as may be pre- scribed by ordinance or requested by the City Council. ARTICLE IX BOARD OF EDUCATION Section 900 . STATE LAW GOVERNS. The manner in which, the times at which, and the terms for which the members of the Board of Education shall be elected or appointed, their quali- fications , compensation and removal and the number which shall constitute such board shall be as now or hereafter prescribed by the Education Code of the State of California, provided that the number of members which shall constitute such board shall be five unless and until said number shall be changed by or pursuant to the terms of said Education Code. Section 901. EFFECT OF CHARTER ON DISTRICT . The adop- tion- of this Charter shall not have the effect of creating any new school district nor shall the adoption of this Charter have any effect upon the existence or boundaries of any pre- sent school district within the City or of which the City com- a prises a part, but each such present school districtshall con- tinue in existence subject to the provisions of the laws of the State of California as the same' now exist or hereafter may exist. Section 902 . EFFECT OF CHARTER ON BOARD. The five mem- bers of the Board of Education in office on the effective date of this Charter shall continue as such until the expira- tion of their terms and until the election and qualification of their respective successors under said Education Code; and if necessary, the Board of Education shall adjust the term of one or more of its members by not more than one year so that hereafter the terms of the members of said Board shall comply with said Education Code. c-25 ARTICLE X PERSONNEL SYSTEM Section 1000 . SYSTEM TO BE ESTABLISHED. The City Council shall, within six months of the effective date of this Charter, by ordinance establish a comprehensive personnel system for the selection, employment , classification, advancement , demotion, suspension, discharge and handling of grievances of those ap- pointive officers and employees who shall be included in the system. The system shall consist of the establishment of mini- mum standards of employment and qualifications for the various classes of employment and procedures to be followed in advance- ment, demotion, suspension and discharge of employees. included within the system, as the City Council shall determine to be for the best interests of the public service . The ordinance shall designate the departments and the appointive officers and employ- ees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of departments and appointive officers and employees included within the system, provided, however, that . once included within the system, no department, officer or employee shall be withdrawn therefrom (unless the department, office or position is actually abolished or eliminated) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. ARTICLE XI RETIREMENT Section 1100 . STATE SYSTEM. Authority and power are hereby vested in the City, its City Council and its several officers, agents, and employees to do and perform any act , and to exercise any authority granted, permitted, or required under the provisions of the State Employees ' Retirement Act, as it now exists or here- after may be amended, to enable the City to continue as a con- tracting city under the State Employees ' Retirement System. The- City Council may terminate any contract with the Board of Administration of the State Employees ' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented. ARTICLE XII FISCAL ADMINISTRATION Section 1200 . FISCAL YEAR. The fiscal year of the City government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year . c-26 Section 1201. ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator, personally, or through the Director of Finance, estimates of revenue and expenditures for his department or for such board or commission for the en- suing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimates , hold con- ferences thereon with the respective department heads , boards or commissions as necessary, and may revise the estimates as he may deem advisable. Section 1202. BUDGET. SUBMISSION TO CITY COUNCIL. ' AT least thirty days prior to the beginning of each fiscal year, the City Administrator shall submit to the City Council the proposed budget as prepared by him. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice there- of not less than ten days prior to said hearing, by' at least one insertion in the official newspaper. Copies of -the pro- posed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing,. Section 1203. BUDGET. PUBLIC HEARING. At the time so ad- vertised or at any time to which such .public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons de- siring to be heard shall be given such opportunity. Section 1204. BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before June 30 it shall adopt the budget with revisions , if any, by the affir- mative votes of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in ef- fect for the ensuing fiscal. year. Copies thereof, certified_ by the City Clerk, shall be filed with the City Administrator', Director of Finance , City Treasurer, and the person retained by the City Council to perform the post audit function, and _ a further copy shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made. available for the use of the public and of departments , offices and agencies of the City. c-27 Section 1205. BUDGET. APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as . pro- posed expenditures shall be and become appropriated to the sev- eral departments , offices and agencies for the respective ob- jects and purposes therein named, provided, however, that the . City Administrator may transfer funds from one object or pur- pose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or law- fully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council. Section 1206 . CENTRALIZED PURCHASING. Under the control and direction of the City Administrator there shall be estab- lished a centralized purchasing system for all City depart- ments and agencies , except as otherwise provided in this Char- ter. The City Administrator shall recommend and the City Coun- cil shall consider and adopt by ordinance , rules and regula- tions governing the contracting -for, purchasing, storing, and distribution of all supplies, materials and equipment re- . quired by any office, department or agency of the City govern- ment. Section 1207. TAX LIMITS . (a y) The City Council shall not lev a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, un- less authorized by the affirmative votes of a majority of. the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors . The number of years that such additional levy is to be made shall be spec- ified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not sub- ject to the above limitation, if no other provision for pay- ment thereof is made, : 1. A tax sufficient to meet all liabiliies of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City under the State Employees ' Retirement System, the Federal Insurance Contributions Act, or other plan, for the retirement of city employees , due and unpaid or to become due during the ensuing fiscal year. c-28 (c) Special levies,. in •addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates , for the following specific purposes , but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit : parks and recreation not to exceed $0 . 20 per. One Hundred Dollars ; libraries not to exceed . $0 .15 per One Hundred Dollars; advertising, music and promotion not to exceed $0 .05 per One Hundred Dollars ; civil defense and disaster preparedness not to exceed $0 .03 per One Hundred Dollars; and for public museums of natural and historical objects not to exceed $0 . 02 per One Hundred Dollars . The proceeds of any such special levy shall be used for no other purpose than that specified . Section 1208, TAX PROCEDURE. The procedure for the assessment, _levy and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the City Council . If the City Council fails to fix the rate and levy taxes on. or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the city for the current fiscal year . Section 1209 . BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent of the total assessed valuation, for purposes of city taxation, .of all the real and personal property within the city . No bonded indebtedness which shall constitute a general obli- gation of the City may be created unless authorized by the affirma- tive votes of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors . Section 1210 . REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds , may be issued when the City Council by ordinance shall have e'stablished a procedure for the issuance of such bonds . Such bonds , payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds. payable out of revenues shall, be. issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the city. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a c-29 general obligation of the City for the establishment of a fund or funds , for the maintaining of adequate rates or charges , for restrictions upon further indebtedness payable out of the same fund or revenues , for restrictions upon transfer out of such fund, and other appropriate covenants . Money placed in any such special fund for the payment of princi- pal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the pur- pose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 1211. CONTRACTS ON PUBLIC WORKS . Except as he expressly provided, every contract involving an expenditure of more than Ten Thousand Dollars ($10 ,000) for the construction or improvement (excluding maintenance and repair) of public buildings , works , streets , drains , sewers , utilities , parks and playgrounds , and each separate purchase of materials or supplies for the same , where the expenditure required for such purchase shall exceed the sum of Ten Thou- sand Dollars ($10 ,000) , shall be let to the lowest responsible bidder after notice by publication in the official newspaper by two or more insertions , the first of which shall be at least ten days before the time for opening bids . The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids , or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ($10 ,000) , the City Council may declare and determine that in its, opinion, the work in question may be performed better or more economically by the City with its own employees , or that the materials or supplies may be pur- chased at a lower price in the open market, and after the adop- tion of a resolution to this effect by the affirmative votes of a majority of the total members of the. City Council, it may proceed to have said work done or such materials or sup- plies purchased in the manner stated without further obser- vance of the provisions of this section. Such contracts may be let and such purchases made without advertising for bids. if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life , health , or property and shall be authorized by the affirmative votes of at least two-thirds of the total members of the City Council. Projects for the extension, replacement or expansion of . the transmission or distribution system of any existing pub- lic utility operated by the City or for the purchase of supplies c-30 or equipment for any 'such project or any such utility may be ~' accepted from the requirements of this section by the affirma- tive vote of a majority of the total members of the City Coun- cil. Section 1212. CONTINGENCY FUND. The City Council may maintain a revolving fund, to be known .as the "Contingency Fund, " for the purpose of placing the payment of the running expenses of the City on a cash basis . A balance may be built up in this fund from any available sources , other than funds which are by law or this Charter restricted to a particular use, in an amount which the City Council deems sufficient with which to meet all lawful demands against the. City for the. first five months , or other necessary period, of the succeeding fiscal year prior to the receipt of sufficient revenues . -Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as maybe required for the purpose of placing such funds , as nearly as possible, on a cash basis . All money so transferred from the Contin- gency Fund shall be returned thereto before the end of the fiscal year. Section 1213. CAPITAL OUTLAYS FUND. A fund for .capital outlays generally is hereby created, to be known as the "Cap- ital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordi- nance a special fund or funds for a- special capital outlay purpose . The City Council may levy and collect taxes for . capital outlays and may include in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless autho- rized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such ques- tion is submitted. The City Council may transfer to any such funs' any unencumbered surplus funds remaining on hand in the City at any time. Once. created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays gen- erally, then for any such purposes , and if for a special cap- ital outlay, then for such purpose only, unless the use of such fund for some other capital outlay purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which- such proposition is submitted. If the purpose for which any special capital outlay fund has been created has been accomplished, the City Council may transfer any unexpended and unencumbered surplus remaining in such fund to the fund for capital outlays generally , established, by this Charter. c-31 .J Section 1214. TREASURER' S DEPARTMENTAL TRUST FUND. The City Council may prescribe by ordinance for the setting up of �J a Treasurer's Departmental Trust Fund into which the collec- tions of or deposits with the police department, license col- lector, building official and other officers and departments authorized to make collections or receive deposits may be deposited at frequent intervals each month, with advice of each- de posit being furnished to the City Treasurer and Direc- tor of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Fin- ance and for the following purposes : (a) Making a refund of refundable deposits when such re- fund is legally . due from the City. (b) Revolving fund advances authorized by the City Council. (c) Correction of clerical or ministerial errors in . the receipt of payments to the City. (d) Making settlements with City funds at the end of each calendar month for collections or deposits accumulated during the month. Section 1215 . OTHER FUNDS . The City Council may estab- lish by ordinance such other funds , not inconsistent with the provisions of this Charter, as it may consider appropriate or desirable . Section 1216 . CLAIMS AND DEMANDS . PRESENTATION AND PAY- MENT. Procedures prescribed by the State -Legislature govern- ing the presentation, consideration and enforcement of claims against chartered cities or against officers , agents and em- ployees thereof shall apply to the presentation, consideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by the State Legislature, and to the. extent that the same are not inconsistent therewith, the following provisions of this Sec- tion shall govern the presentation, processing and payment of all claims and demands against the City. All claims for damages against the City must be presented in writing to the City Clerk within. one hundred days after the occurrence , event or transaction from which the damages alleg- edly arose , and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sus- tained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof given. All other demands against the City must be in writing and may be in the form of a bill, invoice , payroll, or formal demand. Each such demand shall be presented to the Director of Finance within one hundred days after the last item of the account or c-32 i claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted .balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the City Treasurer therefor, payable out of the proper fund. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. . The Director of Finance shall transmit such demand, with his approval or rejec- tion thereof endorsed thereon, and warrant , if any , to the City Administrator. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Administrator before payment; otherwise it shall require the the approval of the City Council , following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the .refusal of the City Administrator to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, shall approve or reject the demand in whole or in part. Section 1217. ACTIONS AGAINST CITY . No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which this Charter or the general law requires a claim to be presented, ,44 until a claim or demand for the same has been presented as in this Charter provided and such claim and demand has been re- jected in whole or in part. If rejected in part suit may be brought to recover the whole . Failure to complete action ap- proving or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejec- tion thereof. Section 1218. REGISTERING WARRANTS . Warrants on the City Treasurer which are not paid for lack of funds shall be regis- tered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. Section 1219 . INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall , at such time or times as may be specified by the City Council, at least annually, and at such other times as he shall determine , examine the books , records, inventories, and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers , employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy c-33 thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and City Attor- ney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 1220 . SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless autho- rized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at a general or special election at which such proposition is submitted: Section 1221. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless .authorized by the affirmative votes of a majority of the electors voting 'on a proposition submitted to the electors to authorize such a tax at a general or special election. Any ordinance heretofore adopted by the City Council levying a . tax on the transfer or conveyance of any interest in real property prior to the effective date of this amendment shall be of no further force and effect . Section 1222. VOTE REQUIRED FOR TAX MEASURES. No tax or other measure whose principal purpose is the raising of revenue, or any increase in' the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirm- ative votes of at least five (5) members of the City Council; provided, however, that any tax levied or collected pursuant to Section 1207(b) of this Charter shall be exempt from the minimum voting requirement of this Section. This Section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City' s duty to preserve or maintain the public peace, health, safety, welfare or morals. This Section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. c-34 This section shall not apply to any fee or charge relating to any franchise or proprietary. function of the City. ARTICLE XIII ELECTIONS Section 1300. GENERAL MUNICIPAL ELECTIONS. General muni- cipal elections for the election of officers, except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday in April, 1966. Section 1301. SPECIAL MUNICIPAL ELECTIONS. All other muni- cipal elections. that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 1302 . PROCEDURE FOR HOLDING ELECTIONS. All elec- tions shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter; provided, however, that in the case of the first elec- tion held under this Charter, the time for filing nomination papers and the time for publishing the notice of election is extended until the fortieth day prior to the election. Section 1302 . 1. CANVASSING OF BALLOTS. The City Council shall meet at. its usual place of meeting at a regular special or adjourned meeting, the Monday following the election, to receive the canvass of the returns and to install the newly elected officers. Any provision of the Charter inconsistent herewith is hereby repealed. I r c-34.-1 Section 1303. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective. officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use there- of in the City so far as such provisions of the Elections. Code are not in conflict with the provisions of this Charter. Section 1304 . FILING FEE. A filing fee in the amount of $100 shall be paid to the City Clerk at the time forms for nomination papers are obtained from said Clerk for any elec- tive position. Said Clerk shall not deliver any nomination papers to any person until said fee is paid. No part of such fee shall be refundable. Section 1305. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by fifty electors of the City. ARTICLE XIV FRANCHISES Section 1400 . GRANTING OF FRANCHISES. Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat , electricity, gas power, refrigeration, storage or any other public utility or service, or using the public streets, ways , alleys or places for the operation of plants, works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not, and to prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions of such grants, or the making thereof, all subject to the provi- sions of this Charter. Nothing in this section, or elsewhere in this Article, shall apply to the City, or to any department thereof, when furnishing any such utility or service. Section 1401. RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and c-35 set forth the day , hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and" be heard there- on. It shall direct the City Clerk to publish said resolution at least once , within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive . Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same , subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon Section 1402 . TERMS OF FRANCHISE. Every franchise shall state the term for. which it is granted, which , unless it be indeterminate as provided for herein, shall not exceed forty years . A franchise grant may be indeterminate , that it to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or .abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take , under the power of eminent domain, all property ac- tually used and useful in the exercise of such franchise and situate within the territorial limits of the State , municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES . Any franchise granted by the City with respect to. any given utility service . shall be in lieu of all other franchises , rights or privileges owned by the grantee , or by any successor of the grantee to any right under franchise , for the render- ing of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10 , 1911. The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises , rights and privileges within the limits of the City as such limits shall at any time exist ,. in lieu of which such franchise shall be granted. i c-36 Any franchise granted hereunder shall not become effec- tive until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be . filed within ten days after the adoption of the ordinances granting the franchise , or any extension thereof granted by ' the City Council , and when so filed, such acceptance shall constitute a continuing agreement. of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory any and all franchises , rights and privileges owned by the grantee therein , except a franchise derived under said con- stitutional prevision, shall likewise be deemed to be abandoned within the limiLs of such. territory. No grant of any fran- chise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the trans- feree or assignees thereof shall covenant and agree to per- form and be bound by each and all of the terms and conditions imposed in. the grant or by procedural ordinance and by this Charter. Section 1404 . EMINENT DOMAIN. No franchise grant shall in any way , or to .any. extent, impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge,' either for a term or in perpetuity , the City' s right of eminent domain with respect to any public utility. Section 1405 . DUTIES OF GRANTEES . . By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be . bound .by each .and all of the terms and don- . ditions imposed in the grant., or by procedural ordinance and shall further agree to : (a) Comply with all lawful ordinances , rules and reg- ulations theretofore or thereafter adopted by the City Council in . the exercise of its police power governing the construction, maintenance and operation of its plants , works or equipment. (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise. (c) Indemnify and hold harmless the City and its of- ficers and employees from any and all liability for damages proximately resulting from any operations under such fran- chise and provide such insurance and/or bond as the City Coun- cil .may require. (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the fran- chise if and when made necessary by any lawful change of grade, ' alignment or width of any public street, way, alley or place, including the construction of any subway or elevated transit i facilities, . or by the construction or- improvement of any �✓ 400 c-37 public property or facility , or if the public health , comfort, welfare , convenience , or safety so demands. �► (e) Pay to the City during the life of the franchise a percentage , to be specified in the grant, of the gross an- nual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant . Section 1406. EXERCISING RIGHTS WITHOUT FRANCHISE . The exercise by any person, firm or corporation of any pri- vilege for which a franchise is required, without possessing a valid and existir-7 franchise therefor, shall be a misde- meanor and shall be punishable in the same manner as viola- tions of.- this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. ARTICLE XV MISCELLANEOUS Section 1500 . DEFINITIONS . Unless the provisions or the context otherwise requirps , as used in this Charter : (a) "Shall" is mandatory, and "may" is permissive . (b) "City" is the City of Huntington Beach and "depart- ment" , "board "commission" , "agency" , "officer" , or "employ- ee" , is a department , board, commission, agency , officer or employee , as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange . (d) "State" is the State of California. (e) The masculine includes the feminine ,and the femin- ine includes the masculine . ( f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 1501 . VIOLATIONS . The violation of any provi- sion of this Charter shall be a misdemeanor and shall be pun- ishable upon conviction by a fine of ' not exceeding Five Hun- dred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and .each day that any such violation continues shall constitute a separate . violation. Section 1502 . VALIDITY. If any provision of this Charter or the application thereof to any person or circumstance: is held invalid, the remainder of the Charter, and the applica- tion of such provision to other persons or circumstances, shall not be affected thereby. c-38 t i CITY CIS HUpffINGTON BIRCH CA 7 8-21 - feeCOUNCIL-ADMINISTRATOR COMMUNICATION' i To Honorable Mayor- and From Floyd G. Belsito City. Council Members City Administrator Subject CHARTER REVISION Date February 15 , 1978 Attached is the most recent version of the .proposed charter which includes the revisions made by the City Council . At the meeting of January 30, 1978, the Council directed the City Attorney to prepare the wording of the ballot propositions when the revisions were completed. The Council also appointed three members of the Council to write arguments for the prop- ositions. RECOMMENDED ACTION: 1. In order to avoid a possible conflict of interest on behalf of the City Attorney, direct Patrick Coughlan, the legal consultant for the Charter Revision Committee , to prepare the wording of the ballot propositions. ? . Appoint an additional Council member to the committee to write arguments and determine what position the council will i take on the various issues . ANALYSIS : i - i 1 . The wording of the ballot measures should be approved by Council at its March 6, 1978, meeting. The election calen- dar has been revised so that the last day to receive ballot arguments will .be March 27, 1978 . In order to avoid the situation in which the City Attorney would be preparing the wording for the elective vs . appoint- ive .measures which affect his position, it is recommended that the legal consultant, Patrick Coughlan, prepare all ballot measures . There are sufficient funds in his account i to cover the expenses . 2. The City Clerk reports that a majority of the Council must serve on the committee which writes the arguments so that the public is aware that the arguments represent the majority view of Council . Before arguments can be written by the Council committee, the Council must decide if it will take a position on those items which will be decided separately from the main body of the charter by the electors . 1 T f CA 78-21 - 2- February 15 , 1978 FINDING SOURCE: Contractual Services Account 100390 for Patrick Coughlan Respectfully submitted, Floy G. Belsito City Administrator FGB :JC : iewk Attachment i PROPOSED CITY CHARTER 0 AS AMENDED BY THE CITY COUNCIL JANUARY 9 , 1978 and ,JANUARY 30 , 1978 CITY CHARTER TABLE OF CONTENTS ARTICLE I . INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101 . Seal Section 102 . Boundaries Section 103 . Powers of the City Section 104. Construction Section 105 . Intergovernmental Relations ARTICLE II . FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III . ELECTIVE OFFICES Section 300. Elective Officers Section 301 . City Council . Composition , Eligibility Election and Term Section 302 . Powers Vested in City Council Section 303. Compensation and Expenses Section 304 . Meetings and Location Section 305 . Quorems , Proceedings and Rules of Order Section 306. Presiding Officer Section 30.7 . Mayor Pro-Tempore Section 308. Non-Interference with Administration, Section 309. Official Bonds Section 310. City Attorney . Composition , Eligibility , Election and Term Section 311 . City Attorney . Powers and Duties Section 312. City Treasurer . Composition , Eligibility , Election and Term Section 313. City Treasurer. Powers and Duties Section 314. Vacancies , Forfeitures and Replacement Section 315. Conflict of Interest , Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Administrator. Composition , Term, Eligibility and Removal Section 401 . Powers and Duties Section 402 . Acting City Administrator Section 403 . City Clerk Section 404 . City Clerk. Powers and Duties Section 405 . Personnel Section 406 . Retirement System Section 407 . Boards , Commissions and Committees c-1 ARTICLE V . ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances Section 501 . Emergency Ordinances Section 502 . Resolutions Section 503 . Publishing of Legal Notices ARTICLE VI . FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601 . Annual Budget . Preparation by City Administrator Section 602 . Budget. Submission to City Council Section 603 . Budget. Public Hearing Section 604. Budget. Further Consideration and Adoption Section 605 . Budget: Appropriations Section 606 . Determination of City Tax Rate Section 607. Tax Limits Section 608-. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section. 611 . Revenue Bonds Section 612 . . Sale of Public Utilitv Section 613. Execution of Contracts Section 6.14. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit ARTICLE VII . ELECTIONS Section 100. General Municipal Elections Section '701 . Special Municipal Elections Section 702 . Procedure for Holding Elections . Section 703 . Initiative , Referendum and Recall Section 704. Nomination Papers ARTICLE• VIII . MISCELLANEOUS Section 800. Transition Section 801 . Definitions Section 802 . Violations �J � 1 c-2 CHARTER We , the people of the City of Huntington Beach , State of California , do ordain and establish this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California-. ARTICLE I INCORPORATION AW POWERS OF THE CITY Section 100. NAME . The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach. " Section 101 . SEAL . The City shall have an official seal which may be changed from time to time by ordinance . The present official seal shall continue to be the official seal of the City until changed in the manner stated . Section 102 . BOUNDARIES . The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103 . POWERS OF CITY . The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs , subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California . Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant bf power and shall be construed narrowly. If any provision of this Charter, or the application thereof to any person or circum- stance i. s held invalid , the remainder of the Charter and the application of such provision to other persons or circum- stances , shall not be affected thereby. Section 105 . INTERGOVERN14ENTAL RELATIONS . The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in� cooperation , by contract or otherwise , with any one or more states or civil. divisions or agencies thereof , or the United States or any agency thereof. ARTICLE II FORM OF GOVEWMENT Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT . The municipal government provided by this Charter shall be known as the Council -Administrator form of government. 1 c-3 a ARTICLE III EL C E S Section 300. ELECTIVE OFFICERS . The elective officers shall consist of seven members of the City Council and such other officers designated as elective by this Charter. Such other officers may include a City Treasurer , a City Attorney and a City Clerk. All elective officers shall take office on the Monday following their election . Section 301 . CITY COUNCIL. COMPOSITION , ELIGIBILITY , ELECTION AND TERM. (a ) Composition . There shall be a City Council of seven members elected by the qualified voters of the City at large. (b) Eligibility. Only- qualified voters of the City of Huntington Beach who have resided in the City for a period exceeding thirty days prior to the date established for filing nomination papers shall be eligible to hold office as members of the City Council . (c) Alternative . (1 ) : Election and Terms . Four members of the City Council shall be elected at the general municipal elections held in April , 1978 and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal elections held in April , 1980 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. This section shall apply to persons currently members of the City Council . (c ) Alternative (2 ) : Election and Terms . Four members of the City Council shall be elected at -the general municipal elections held in April , 1978 and each fourth year thereafter-. Three members of the City Council shall be elected at the general municipal elections held in April , 1980 and each fourth year thereafter. Section 302 . POWERS VESTED IN CITY COUNCIL . All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Alternative (1 ) : Section 303 . COMPENSATION AND EXPENSES . The members of the City Council including the Mayor shall receive as compensation for their services a monthly salary , the amount of which shall be determined by the following schedule : 4 1 c Population Monthly Salary (a ) 150 ,000 to and including 200 ,000 $400 i (b) Over 200,000 to and including 250 ,000 $500 (c) Over 250 ,000 $600 The Mayor shall receive an additional $100 monthly stipend to supplement this salary. For the purposes of this section the population shall be determined by the estimates of population made by the Department of Finance of the State of California . In addition , each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expense when on official duty upon submission of itemized expense accounts therefor. The City Council shall delineate by resolution the benefits for which Council members are eligible. Alternative (2 ) : Section 303 . COMPENSATION AND EXPENSES . The members of the City Council including the Mayor shall receive as compensation for their services as such a• monthly salary in the sum of One Hundred , Seventy-Five Dollars per month. In addition , each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense account therefor. In addition , members shall receive such reason- able and adequate amount as may be established by ordinance , which amount shall be deemed to be reimbursement to them of other routine and ordinary expenses , losses and co.sts imposed upon them by virtue of their serving as City Councilmen . Section 304. MEETINGS AND LOCATION . (a) Regular Meetings . The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and • hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes . If the hour to which a meeting is adjourned is not stated in the order of adjournment , such meeting shall be held at the hour for holding regular meetings . If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. "A I c-5 (b) Special Meetings . A special meeting may be called at -any time by the Mayor , or by a majority of the members of the City Council , by written notice to each member of the City Council and to each local newspaper of general circula- tion , radio or television station requesting notice in writing . Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted . No other business shall be considered at 'such meeting . If any person entitled to such written notice fi.les 'a written. waiver of notice with the City Clerk, it may be dispensed with. Such waiver may be given by telegram. This notice requirement shall be considered f'uifilled as to any person who is actually present at the meeting at the time it convenes . In the event of an emergency affecting the public peace , health or safety, a special meeting may be called as 'provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor ' s absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting . (c) Place of Meetings . All regular meetings shall be held in the Council Chambers of the City or in such .place within the City to which any such meeting may be adjourned . If, .by reason of fire , flood or other emergency , it shall be unsafe to meet in the place designated, the meetings may be held -for the duration of the emergency at such place within the City as is designated by the Mayor , or, if he should fail to act , by a majority of the members of the City Council . (d ) Open Meetings . All regular and special meetings of the City Council shall be open and public , and all persons shall be permitted to attend such meetings , except that the provisions of this Section shall not apply to executive sessions . Subject to the rules governing the conduct of City Council ,meetings , no person shall he denied the right to be heard by the City Council . Section 305 . QUORUMS , PROCEEDINGS AND RULES OF ORDER. (a ) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting , the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the- time to which the meeting is adjourned , or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council . c-6 (b) Proceedings . The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns . Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council . The City Council shall have the power and authority to compel the attendance of witnesses , to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions . Disobedience of such subpoenas , or the refusal to testify (upon other than constitutional grounds ) , shall constitute a misdemeanor , and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department , and may employ other attorneys to take charge of or may contract for any prosecutions , litigation or other legal matters or business . (c) Rules of Order . The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings . Upon adoption of any ordinances , resolution , or order for payment of money , or upon the demand of any member , the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting . Section 306 . PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election , and at any time when there is a vacancy in the office of Mayor , the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings . The Mayor shall be the official head of the City for all ceremonial purposes ; shall have the primary but not the exclusive responsibility for interpreting the policies , programs and needs of the City government to the people , and as occasion requires , may inform the people of any major change in policy or program; and shall perform Such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council . The Mayor shall serve in such capacity at the pleasure of the City Council . `� c-7 Section 307 . MAYOR PRO-TEMPORE . The City Council shall also designate one of its mem'b'ers as Mayor Pro-Tempore , who shall serve in such capacity at the pleasure of the City Council . The Mayor Pro-Tempore shall perform the duties of the Mayor, during the Mayor ' s absence or disability or at the Mayor ' s request . Section 308. NON-INTERFERENCE WITH ADMINISTRATION . Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly , the appointment by the City Administrator , or by any of the department heads in the administrative service of the City , of any person to any office or employment, or removal therefrom. Except for the purpose of investigations and inquiry, the members of the' City Council shall deal with . the administrative service under the ,jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the Cify Administrator, either publicly or privately. Section 309. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds*. All bonds shall be executed by responsible corporate surety , shall be approved as to form by the City Attorney , and shall be filed with the City Clerk . Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bonds would provide . In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no ' personal liability upon , or any right to recover against , the employee ' s superior officer or other officer or employee ' or the bond of the latter, unless such superior officer, or other officer or employee is a party to, the act or omission , or has conspired in the wrongful act directly or indirectly causing the loss . Alternative (1 ) : Section 310. CITY ATTORNEY - COMPOSITION , ELIGIBILITY , ELECTION AND TERM. (a ) Composition. There shall be a City Attorney elected by the qualified voters of the City at large . (b) Eligibility. To become and remain eligible for the office of City Attorney , a person must be a qualified voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the date esta- blished for filing of nomination papers and an attorney at law, duly licensed as such under the laws of the State of California . c-8 '� (c ) Election and Term. The City Attorney shall be elected at the general municipal elections .held in April of* 1978 and each fourth year thereafter.. Alternative (2 ) : Section 310. CITY ATTORNEY. There shall be a City Attorney appointed by the City Administrator with the approval of the City Council as provided in Section 401 (a ) . Section 311 . CITY ATTORNEY . POWERS AND DUTIES . The City attorney shall have the responsibility and may be required to: (a ) Represent and advi'se 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 misde- meanors 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 oraall civil actions or proceedings in which such officer or em- ployee is concerned or is a party for any act arising out of City employment or by reason of official capacity.. (d ) Attend all regular meetings of the City Council , unless excused , and give 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 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 office and at such place as may be specified by the City Council . �� c-9 (h) Perform such legal functions and duties incident to the execution of the foregoing . powers as may be necessary. ( i ) Surrender all books , papers , files , and documents pertaining to the City' s affairs to a duly qualified successor. Alternative (1 ) : Section 312. CITY TREASURER. COMPOSITION, ELIGIBILITY , ELECTION AND TERM. (a) Composition . There shall be a City Treasurer elected by the qualified voters of the City at large . (b) Eligibility. To become and remain eligible for the office of City Treasurer, a person must be a qualified voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers and have a Bachelor of Arts or Science degree with a major in accounting or finance or five years related employment experience. (c ) Election and Term. The City Treasurer shall be elected at the General Municipal Election held in April .1980, and each fourth year thereafter. Alternative (2) : SECTION 312 . CITY TREASURER. There shall be a City Treasurer appointed by the City Administrator with the approval of the City Council as provided in Section 401 (o ) . Section 313, CITY TREASURER. POWERS AND DUTIES . The City Treasurer shall have the responsibility and. may he required to : (a ) Have and keep custody of all public funds belonging 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 the City Treasurer' s hands in such depository as may be designated by the City Council or be selected by the bidding process and in compliance with all provisions of the State Constitution and laws of the State governing the handling , depositing and security of public funds . (b ) Countersign all City checks . (c ) Perform such other duties consistent with the Charter as may be required by ordinance or resolution by the City Council . Section 314. VACANCIES , FORFEITURES AND REPLACEMENT . (a ) Vacancies . A vacancy in the City Council or in any other office designated as elective -by this Charter , from whatever cause arising , shall be filled by appointment by the City Council . i c-10 (b ) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes , the office shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office , except as provided in this Charter , shall be deemed thereby to have vacated the office under the City government . (c ) Replacement . In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant , the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 315 . CONFLICT OF INTEREST , NEPOTISM (a ) Conflict of Interest . The .City Council shall adopt or approve rules and regulations regulating conflicts of interest - and promoting fair dealing in all City business . (b ) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council , nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position . This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this pro- vision ; however , Council members or officers with appointive powers in such a situation . shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES WD PERSONNEL Section 400 . CITY ADMINISTRATOR. COMPOSITION , TERM, ELIGIBILITY , REMOVAL . (a) Composition . There shall be a City Administrator who shall be the chief administrative officer of the City. jAr � � c-11 (b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the .City Council ; provided , however, that the person occupying the office shall not be removed from office except as herein provided . (c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative qualifications , with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on the City Council . (d ) Removal . The City Administrator shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected . At any other time the City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council . At least thirty days prior to the effective date of removal , the City Administrator shall be furnished with a written notice stating the Council ' s intentions and , if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice , the City Administrator may by written notification to the City Clerk request a public hearing before the City Council , in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to . The City Administrator shall appea.r and be heard at such hearing. After furnishing the C.ity Administrator with written notice of the intended removal , the City Council may suspend the Administrator from duty , but the compensation shall continue until removal as herein provided. In removing the City Administrator , the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing , the purpose of which is to allow the .City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal . Section 401 . POWERS AND DUTIES . Except as otherwise provided in this Charter , the City Administrator shall be responsible to the City Council for the proper administration of all affairs of the City. Without ` limiting this general grant of powers and responsibilities , the City Administrator shall have the power and be required to: �5 � 1 c-12 (a) Appoint, promote , demote , suspend or remove department heads , officers and employees of the City except elective officers . However, no department head shall be appointed or removed until the City Administrator shall first have reviewed such appointment or, removal with the . City Council and have received approval for such appointment or removal by a majority vote of the full City Council . (b) Pre are the budget annually , submit it to the City Council , and 6e responsible for its administration upon adoption . (c ) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently , a current report of the principal administrative activities of the City. (d ) Keep the City Council advised of the financial condition and future needs of the City and make such recom- mendations as may seem desirable . (e) Maintain a centralized purchasing system for all City offices , departments and agencies . (f) Prepare , administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for , purchasing , inspection , storing, inventory , distribution and disposal of all supplies , materials and equipment required by any office , department or agency of the City government. (g ) Be responsible for the compliance by the City with the laws of the State pertaining to the .City, the provisions of this Charter and the ordinances , franchises and rights of the City. (h ) Subject to policy established by the City Council , exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the admini- strative offices and departments of the City under his jurisdiction . (i ) Perform such other duties consistent with this Charter as may be required by, the City Council . � c-13 Section 402 . ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the City Administrator , the Assistant City Administrator shall serve as Acting City Admini- strator. During any temporary absence or disability of both the City Administrator and the Assistant City Administrator, the City Administrator shall appoint one of the other officers or depart- ment heads of the City to serve as Acting City Administrator. In the event the City Administrator fails to make such appointment , such appointment may be made by the City Council . Alternative (1 ) : Section 403 . CITY CLERK. COMPOSITION , ELIGIBILITY , ELECTION AND TERM. (a ) Composition. There shall be a City Clerk elected by the qualified voters of the City at large. (b ) Eligibility. To become and remain eligible for the office of City Clerk , a person must be a qualified voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers . (c ) Election and Term. The City Clerk shall be elected at the general municipal election held -in April of 1980 and each fourth year thereafter. Alternative (2) : Section 403 . CITY CLERK. There shall be a City Clerk appointed by the City 'Administrator with the approval of the City Council as provided in Section 401 (a) . Section 404. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to : (a ) Attend all meetings of the City Council , unless excused , and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose . . . (b) Maintain separate books , in which shall be recorded respectively all ordinances and resolutions , with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy , and as to an ordinance requiring publication , stating that the same has been published or posted in accordance with this Charter. (c ) Maintain separate records of all written contracts and official bonds . (d ) Keep all books and records properly indexed and open to public inspection when not in actual use . (e ) Be the custodian of the Seal of the City. i c-14 (f) Adminis.ter oaths or affirmations , take affidavits and- depositions pertaining to the affairs and business of the City and certify copies of official records . (g) Be ex-officio Assessor , unless the City Council has availed itself, or does in the future avail itself , of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers , or unless the City Council by ordinance provides otherwise . (h) Be responsible for the conduct of all City elections . (i ) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council . The City Clerk may, subject to the approval of the City Council , appoint such deputy or deputies to assist or act for the City Clerk , at such salaries or compensation as the Council may by ordinance or resolution prescribe . Section 405 . PERSONNEL. In addition to the City Council , a City Clerk, a City Treasurer, a City Attorney and City Administrator, the officers and employees of the City shall consist of such other officers , assistants , deputies and employees as the City Council may provide by ordinance or resolution . The City Council shall establish such reasonable compensation and fringe benefits as are appro- priate by ordinance or resolution for such offices , officials and employees except as herein provided. The City Council shall maintain by ordinance a compre- hensive personnel system for the City. The City Administrator, Assistant ,City Administrator and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employ- ment and qualifications for the various classes of employment and procedures to be followed in advancement , demotion , suspension and discharge of employees included within the system, as the City .Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system, provided , however , that once included within the system , no officer or employee shall be withdrawn therefrom (unless the office or position is actually abolished or eliminated ) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. I l.\ c-15 Section 406 . RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 407 . BOARDS , COMMISSIONS AND COMMITTEES . The City Council shall establish such boards , commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards , commissions and committees shall report directly to the City Council . ARTICLE V ORDINANCES AND RETOLUTIONS Section 500. REGULAR ORDINANCES . ENACTMENT , ADOPTION , PUBLICATION , AMENDMENT, WHEN EFFECTIVE AND CODIFICATION . (a ) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance , every act of the City Council establishing a fine or other penalty , or granting a franchise , shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows : "The City Council of the City of Huntington Beach does ordain as follows : . " No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting . Upon introduction and second reading , an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances s all be signed by the Mayor and attested by the City Clerk. (b) Adoption . A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction . In the event that any ordinance is altered after its introduction , it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered . The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. Cc ) Publication . The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and ' to he published by title with a brief summary at least once within fifteen days after its adoption in a daily , semi -weekly or weekly newspaper , published in the County or the City and circulated in the City , which is selected by the City Council for that purpose . (d ) Amendment . The amendment of any section or subsection of an ordinance may he accomplished solely by the re-enactment of such section or subsection- at length , as amended . (� c-16 (e) When Effective . Every ordinance shall become effective thirty days from and after the date of its adop- tion , except the following , which shall take effect union adoption : (1 ) An ordinance calling or otherwise relating to an election ; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3 ) An ordinance declaring the amount of money necessary to be raised by taxation , or fixing the rate of property taxation , or levying the annual tax upon property; (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification . Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference , with the same effect as an ordinance , in the manner set forth herein ; however, such regulations and codifications need not be published in the manner required for other ordinances , but not less than three copies thereof shall be filed for use and examination . by the public in the office of the City Clerk prior to adoption . Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance . Section 501 . EMERGENCY ORDINANCES . Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health , or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in .Section 500 except that such emergency ordinance may be introduced , enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes . Section 502 . RESOLUTIONS . The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503 . PUBLISHING OF LEGAL NOTICES . The City Council shall cause to be published all legal notices and other matter required to be published by law in a daily , semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose . No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance . 9-0 c-17 ARTICLE VI FISCAL A DMIN'!STffATION Section 600. FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless otherwise established by ordinance. Section 601 . ANNUAL BUDGET , PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator, personally , or. through the Director of Finance, estimates of the department ' s , board ' s or commission ' s revenue and expenditures for the ensuing fiscal year , detailed in such manner as may be prescribed by .the City Administrator. In preparing the proposed budget , the. City Administrator shall review the estimates , hold conferences thereon with the respective department heads , boards or com- missions as necessary, and may revise the estimates as may be deemed advisable. Section 602 . ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least sixty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable , the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof" not less than ten days prior to said hearing . Copies of the proposed. budget shall be available for inspection by the public in the offices of the City Clerk at least ten days prior to said hearing . Section 603 . ANNUAL BUDGET. PUBLIC HEARING . At the time so advertised or at any time to which such public hearing shall from time to time be adjourned , the City Council shall hold a public hearing on the proposed budget , at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions , if any , by the affirmative votes of at least a majority of the total members of the Council . Upon final adoption , the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk , shall be filed with the City * Administrator , Director of Finance , City Treasurer and the person retained by the City Council to perform the post audit function , and a further copy shall be placed , and shall remain on file, in the office of the City Clerk where it shall be available for public inspection . The budget so certified shall be reproduced and copies made available for the use of the public and of departments , offices and agencies of the City. 2\ c-18 Section 605 . ANNIIAI. BUDGET APPROPRIATIONS . From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments , offices and agencies for the respective objects and purposes therein named ; provided , however, that the City Administrator may transfer funds from one object or purpose to another within the same department , office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered . At any public meeting after the adoption of the budget , the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council . Section 606. DETERMINATION OF CITY TAX RATE . The City Council shall prescribe by ordinance for the assessment , levy and collection of taxes upon property which is taxable for municipal purposes . If the City Council fails to .fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607 . TAX LIMITS . (a ) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section , unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted 'to the electors . The number of years that such additional levy is to be made shall be specified in such proposition . (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected , as additional taxes not subject to the above limitation , if no other provision for payment thereof is made : 1 . A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid , or to become due during the ensuing fiscal year, which constitute general obligations of the City ; and c-19 2. A tax sufficient to meet all obligations of the City .for the retirement system in which the City partici - pates , due and unpaid or to become due during the ensuing fiscal year. (c ) Special levies , in addition to the above and not subject to the above limitation , may be made annually, based on City Council approved estimates , for the following specific purposes , but not to exceed the following respective limits for ' those purposes for which limits are herein set forth , to wit : Parks and recreation and human services not to exceed $0.20 per One Hundred Dollars ; libraries not to exceed $0. 15 per One Hundred Dollars ; promotional interests and cultural affairs not to exceed $0. 07 per One Hundred Dollars ; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars . The proceeds of any special levy shall be used for no other purpose than that specified . Section 608. VOTE . REQUIRED FOR TAX MEASURES . No tax , property tax , or other measure whose principal purpose is the raising of revenue , or any increase in the amount thereof , shall be levied , enacted or established except by ordinance adopted by the affirmative votes of at least five (5) members of the City Council ; provided , however , that any tax levied or collected pursuant to Section 607 (b) of this Charter shall be exempt from the minimum voting requirement of this Section . This Section shall not apply to any license , permit , or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City' s duty to preserve or maintain the public peace , health , safety and welfare . This Section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service , and is to pay or reimburse the City for the costs- of providing such use or service. This Section shall not apply to any fee or charge relating to any franchise or properietary function of the City . Section 609. REAL ESTATE TRANSFER TAX . The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative votes of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. c-20 1 Section 610. BONDED DEBT LIMIT . The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of twelve percent of the total assessed valuation , for purposes of City taxation , of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of the majority required -by law of the electors voting on ' such proposition at any election at which the question is submitted to the electors . Section 611 . REVENUE BONDS , Bonds which are payable only out of such revenues , other . than taxes , as may be specified in such bonds , may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds . Such bonds , payable only out of revenues , shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any. such bonds payable only from revenues and which shall not con- stitute a general obligation of the City for the establishment of a fund or funds , for the maintaining of adequate rates or charges , for restrictions upon further indebtedness payable out of the same fund or revenues , for restrictions upon transfer out of such fund , and other appropriate convenants . Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished . Section 612 . SALE OF PUBLIC UTILITY . No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative votes of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. �be c-21 Section 613 . EXECUTION OF CONTRACTS. Except as herein- after provided, the City shall be bound by a contract only if it is made in writing , approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a. City officer designated by the City Council and only upon the direction of the City Council . Exceptions to this procedure are as follows : (a ) By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City, with or without a written contract , for the acquisition of equipment , materials , supplies , labor , services or other items included within the budget approved by the City Council , and may impose a monetary limit upon such authority.. (b) By ordinance or resolution , the City Council may provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended , and for the conveyance of title thereto. (c ) Contracts for the sale of the products , commodities or services of any public utility owned , controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council . Section 614. CONTRACTS ON PUBLIC WORKS . Except as herein- after, expressly provided , every contract involving an expenditure of more than Twenty-Five Thousand Dollars ($25 ,000 ) for the construction or improvement (excluding maintenance and repair) of public buildings , works , streets , drains , sewers , utilities , parks and playgrounds , and each separate purchase of materials or supplies for the same , where the expenditure required for such purchase shall exceed the sum of Twenty-Five Thousand Dollars ($25 ,000 ) , shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions , the first of which shall be at least ten days before the time for opening bids . The City Council may reject any and all bids presented and may readvertise in its discretion . After rejecting bids , or if no bids are received , or without advertising for bids i.f the total amount of the contract or project is less than Twenty- Five Thousand Dollars ($25 ,000) , the City Council may declare and determine that in its opinion , the work in question may be performed better or more economically by the City with its own employees , or that the materials or supplies may be purchased at a lower price in the open market , and after the adoption of a resolution to this effect by the affirmative votes of a majority of the total members of the City Council , it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section . c-22 � All public works contracts exceeding the sum of $25 ,000 may be let and purchases exceeding the sum of $25 ,000 may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life , health , or property and shall be authorized by at least five affirmative votes of the City Council . Projects for the extension , replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council . Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City . Council shall provide for an independent annual audit of all City accounts a,nd may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest , direct or indirect , in the fiscal affairs of the City government or any of its officers . The Council may , without requiring competitive bids , designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. As soon as practi - cable- after the end of the fiscal year , a final audit and report shall be submitted by such accountant to the City Council , one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public , and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. ARTICLE VII ELECTIONS Section 700. General MUNICIPAL ELECTIONS . General municipal elections shall be held in the City on the second Tuesday in April in each even-numbered year. Section 701 . SPECIAL MUNICIPAL ELECTIONS . All other municipal elections that may be held by authority of this Charter , or of any law, shall be known as special municipal elections . > c-23 Section 702 . PROCEDURE FOR HOLDING ELECTIONS . All elections shall be held in accordance with the provisions of the elections code of the State of California , as the same now exist or hereafter may be amended , for the holding of municipal elections , so far as the same are not in conflict with this Charter. Section 703. INITIATIVE , REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers . The provisions of the Elections Code of the State of California , as the same now exist or hereafter may be amended , governing the initiative and referendum and the recall of municipal officers , shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City . ARTICLE VIII MTSCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualifica- tions of their respective successors under this Charter. All boards , commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first. All lawful ordinances , resolutions , rules and regulations , and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith , are hereby continued in force until the same shall have been duly repealed , amended , changed or superseded by proper authority. Section 801 . DEFINITIONS. Unless the provisions or the context otherwise requires , as used in this Charter: (a ) "Shall " is mandatory , and "may" is permissive . (b) "City" is the City of Huntington Beach and "department , " "board , " "commission , " "agency , " "officer, " or "employee , " is a department, board , commission , agency , officer or employee , as the case may be , of the City of Huntington Beach . c-24 (c ) "County" is the County of Orange . (d ) "State" is the State of California . (e) The masculine includes the feminine and the feminine includes the masculine . (f) The singular includes the plural and the plural . the singular. (g ) "Person" includes firm and corporation . Section 802 . VIOLATIONS . The violation of any pro- vision of this Charter shall be a misdemeanor and shall be . punishable upon conviction by a fine of not exceeding Five Hundred Dollars or by imprisonment fora term of not exceeding six months or by both such fine and imprisonment , and each day that any such violation continues shall constitute a separate violation . \ c-25