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Home My WebLink AboutTentative Proposed City Charter dated 07-30-1965 for Review (2) OFFICIALS INGTON� DOYLE MILLER E RAr� �� ADMINISTRATIVE OFFICER CITY OF ff&nlea� BRANDER D- CASTLE • ASSISTANT ADMINISTRATOR OZ"rT lrlCl�• Q ................................-................. JA MES R. WHEELER _ = P. 0. BOX 190 C A L I F O R N I A DIRECTOR OF PUBLIC WORKS 92648 FRANK B. ARGUELLO I 1 FINANCE DIRECTOR JOHN SELTZER COUNCILMEN POLICE CHIEF DONALD D. SHIPLEY DELBERT G. HIGGINS MAYOR FIRE CHIEF ERNEST H. GISLER ROBERT M. LAMBERT VINCENT G. MOORHOUSE JAKE R. STEWART LIFEGUARD CHIEF THOMAS H. WELCH OLLIN C. CLEVELAND BUILDING DIRECTOR - PAUL C. JONES - EDWARD R. STANG CITY CLERK JAMES D. PLUNKETT July 30, 1965 WATER SUPERINTENDENT CITY ATTORNEY BETTY DIEKOFF TREASURER City of Huntington Beach Huntington Beach, Calif. ( � Gentlemen: I A draft of the tentative proposed city charter has been complet- ed by the Citizens Charter Revision Committee. A copy of this draft is enclosed herewith. A review of this draft will be made by the committee and we invite your participation in this review at the next regular meeting of the committee, August 4, 1965, 7 :30 P.M. in the Council chamber. After hearing all comments and suggestions by members of the municipal family, it is the intent of the committee to then hear from any interested citizens. After hearing all comments and suggestions, the committee will consider making changes prior to submission of a final proposed revision of the Huntington Beach City Charter to the City Council for its consideration and determination. We encourage and will appreciate any comments or suggestions you may have. Yours very truly, CITIZENS CHARTER REVISION COMMITTEE enneth Lawson, Chairman KL:bwo enc. -.r } INGTpN� E� R.or� • ei�lJE?�2'C�T/ CITY OF___ CALIFORNIA �C�pNTY GQb T E N A I V P R 0 P 0 S E D Cl TY CHAR J U L Y 30, 1965 July 30, 1965 . This rough draft of the tentative proposed charter of the City of Huntington Beach has been prepared for the .information, consideration, and review of all citizens, city officials, department heads, members of boards and commissions, and city employees. The Charter Revision Committee encourages your participation in a review of this draft . After hearing all comments and suggestions which may be made, the committee will consider making changes prior to submission of a final proposed revision .of the Huntington Beach City Charter to the City Council of the City of Huntington Beach for its consideration and determination. Respectfully submitted, CITIZENS CHARTER REVISION COMMITTEE Mr. Kenneth Lawson, Chairman Mr . Donald Blossom, Vice Chairman Mr . Mac Bangoy, Secretary Mr. . A1 M. Coen Mr. Parino DiFabio Mr. Don Eddy 'Mrs. Bernard Gage Mr. John Henricksen Mr . Glenn Hottenstein Mr. Joe Irvine Mrs. :Frank Larkin Mr . John J. Mangano Mr. Fred Miller Mr. Marcus M. Porter Mr . George Wood TENTATIVE PROPOSED f CHARTER OF THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS ARTICLE I . NAME OF CITY Section 100 . Name ARTICLE II . BOUNDARIES Section 200 . Boundaries •ARTICLE III . SUCCESSION Sectiori.. 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 Improvements 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 Section 500 . City Council. 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 a . 1 r ARTICLE VI. CITY ADMINISTRATOR Section 600 . City Administrator 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 b. ARTICLE XII. FISCAL ADMINISTRATION ` Section 1200 . Fiscal Year Section 1201. Annual Budget . Preparation by the City Administrator 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 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 co TENTATIVE PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the OK organic law of said City under the Constitution of said 5-5-65 State. ARTICLE I NAME OF CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall . OK . remain and continue to exist as a municipal corporation 5-5-65 under its present name of "City of Huntington Beach". ARTICLE II BOUNDARIES Section 200. BOUNDARIES. The boundaries of the City OK shall be the boundaries as established at the time this 5-5-65 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 Huntington Beach shall continue to own, possess and control all rights and property of every kind and nature owned, pos- sessed or controlled by it at the time this Charter takes effect and shall continue to be subject to all its debts, obligations, liabilities and contracts. �.- 5-5 65 I � r 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 3.02. 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. 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 existing ordinances, resolutions, rules or laws, but subject to such removal, amendment and control as is pro- vided or permitted in this Charter, and, as to offices which are changed, abolished 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, and each such officer except the City Attorney shall assume classi- fied status therein under the personnel system to be established pursuant to 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. 5-5-65 Section 304. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. 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 accordance 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 transferred 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. 5-19-65 3 j t ARTICLE IV POWERS OF CITY Section 400. POJ-IERS 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 res- trictions 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, p 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 authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, subject to such restrictions and limitations as may be contained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limi- tation upon, 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. 5-5-65 ARTICLE V CITY COUNCIL Section 500. CITY COUNCIL. TERMS. The elective officers of the City shall consist of a City Council of seven members elected from the City at large at the times and in the manner provided in this Charter who shall serve for terms of four years and until their respective successors qualify. T'.^.e five members of �i,e City Council in off ice at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general muni- cipal election held in April, 1966, and each fourth yea'r: , 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 now less than 60 nor more than 90 days after the effective date of this Charter to elect two additional members of the Cily Council for the remainder of the terms expiring in April, 1970. The ter,;. of each member of t;.e City Council wall commence on the first Tuesday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. t.� 5-5-65 r Section 501. ELIGIBILITY. No person shall be eligible to hold office as a member of the City Council unless he is and shall have been a resident and qualified elector 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 Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Twenty-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 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. Section 503. VACANCIES. A vacancy in the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term, if any. As used 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. I 5-19-65 I • 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 Council 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 tu.pi- tude, 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 appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term. Section 504. PRESIDING OFFICER. On the first Tuesday 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 presidin- 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 responsibility 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. ■ 5-5-65 rr 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 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 i-EETINGS. The City Council shall hold regular meetings at least '—wJ-ce 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 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. 5-5-65 s r Section 507. SPECIAL PMETIMuS. A especial meeting may be called at any tima by the "ayor, or by a r;:e5ority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice r.as"w- 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 busi- ness 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 rr:,eking 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 person who is actually present at the meeting at the tire it convenes. Section 508. PLACE OF ;IEETI'a17GS. :ae-cings :.hall be held in the Council Chambers of the Ci-cy ::ali, or in such place within the City to .rhich any such -.;ay be adjourned, and shall be open to tha pubic . If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place design-ated, the meeting:, may be held for the duration of the emergency at such place within the City as is designated by the riayor, or, if he should fail to act, by a majority of the members of the City Council. 5-19-65 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 ofall 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 councilman 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. The City Council shall Judge the qualification of its members as set forth by the Charter. it shall judge all election returns. It 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. Each member of the City Cou::cil shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The Citly Council shall have the power and authority to corap-1 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 rranner as subpoenas in civil actions. Disobedience of -such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and s:^.all be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. 10 5-19-65 r Section 510. CITIZEN PARTICIPATION. 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 to consider the appointment, employment, discipline or dismissal of a public officer or employee or to hear complaints or charges brought against any such offi- cer 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 regula- tions as _-may be authorized or adopted by ordinance. 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 present, except that emergency ordinances shall be read in full. In the event that any ordinance s altered after its introduction, 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. The correction of typographical or clerical errors shaall . 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. 5-19-65 r 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 neces- sary 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. 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 Cif. of Huntington Beach does ordain as follows: ". The City Clerk shall cause each ordinance to be pub- lished at least once in the official newspaper within fifteen days after its adoption. 5-19-65 r 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. theconstruction of buildings, plumbing and wiring, when 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. Section 514. ORDINANCES. WHEN EFFECTIVE. No ordinance shall become effective until 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 procedure; ordinance relating thereto; (a) An ordinance declaring the amount of money neces- sary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property; 5-19 65 r (d) An emergency ordinance adopted in the manner pro- vided in this Article. Section 515. ORDINANCES. VIOLATION. PENALTY. A violation of any ordinance of the City shall constitute a misdemeanor 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 notices, 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 newspaper 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 newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper 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 the official newspaper for the publication of such notices or other matter for the period of such contract. 5-19-65 r In no case shall the contract prices for such publi- cation 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 circu- lation published in the City, or in the event no such news- paper 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 conformity with this Charter or law or ordinance. Section 518. CONTRACTS. EXECUTION, The City shall not be bound by any contract, except as hereinafter pro- vided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated 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. 5-19-65 i5 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. The City Council may by ordinance or resolution 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. 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. The provisions of this Section shall not apply to the employment of any person by the City at a regular salary. 5-19-65 ARTICLE VI CITY ADMINIST' AP TOR Section 600. CITY ADMINISTRATOR. There shall be a City Administrator who snail be tha chief administrative officer of the City. He shall be appointed by the affirma- tive 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 knowledge 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. ITo person shall be eligible to receive appointment as City Administrator or Acting City Administrator 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 res- ponsibilities 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 6-16-65 Y Ni 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 affirma- tive 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 s::all 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 knowledge 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 Administrator 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 res- ponsibilities 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 6-16-65 conditioned 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 administrative branch of the City Government. Except as otherwise 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 pro- visions 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 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 Adminis- trator shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment 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 frequently, a current report of the principal adminis- trative activities of the City. 5-19-65 (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, distribution and disposal of all supplies, materials and equipment 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 depart- ments 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 departments 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. 6-16-65 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 par- ticipate in their deliberations, but shall not have a vote . He shall receive notice of all special meetings of the City Council, and of all boards and commissions. He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. Section 606. 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 his removal, the • City Administrator 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 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 his intended removal, the City Council may suspend him from duty, but his compensation shall continue until his 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. 6-16-65 • 010 Section 607. NON=INTERFERENCE WITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, neither the Council nor any of its members shall order, directly or indirectly, the appointment by the City Admin- istrator, or by any of the department heads in the adminis- trative service of the City, of any ,person to any office or employment, or his removal therefrom. Except for the pur- pose of inquiry, the City Council and its members shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Adminis- trator, and neither the City Council nor any member thereof shall give orders to any subordinate of the Olty Adminis- trator, either publicly or privately. Section 608, ACTING CITY ADMINISTRATOR. The City Administrator 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 Adminis-' trator. 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. 5-19-65 ARTICLE VII OFFICERS AND EMPLOYEES Section 700. ENUMERATION. In addition to the City Council and City Administrator, the officers and employees of the City shall consist of a City Attorney, a City Clerk, a City Treasurer, a Director of Finance, a City Engineer or Director of Public Works, 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. The City Attorney, City Clerk and City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the City Council. All other officers, department heads and employees of the City shall be appointed and may be removed as elsewhere in this Charter provided. Section 702. ADMINISTRATIVE DEPARTMENTS. The City Council 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 established by this•,•-: . Charter, for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of functions, duties, offices and agencies to offices and departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees, consistent with this Charter. Each department so created shall be headed by an officer as department head. When the positions are not incompatible, the City Council 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 become and remain eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the- laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his 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. 6-16-65 7r� (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 office or employee is co corned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular ::oetings of the City Council, unless excused, and give his advice or opinion o-- -.?y or in writing whenever requested to do so by the City Gounncil or by any of the boards or officers of the City. (e) Approve the form of all contracts ma-de by and all bonds given to the City, endorsing his approve :. 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 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 Citey's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of or may contract for any prosecutions, litigation or other legal matters or business. 6-2-65 23 ti r 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 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 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 published or posted in accordance with this Charter. (a) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession pro perly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex-officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. . 6-16-65 n.r� 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. POIVIERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assess- ments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in com- pliance 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 resolutiori 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. eta 6-30-65 Section 706. DIRECTOR OF FINANCE. POWERS AND DUTIES. To be eligible for appointment as Director of Finance, the person appointed shall have had at least six years of res- ponsible financial experience including at least four years in a public agency and shall have such other qualifications as may be required 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 affairs of the City under the direction of the City Adminis- trator, and be head of the Finance Department of the City. (b) Assist the City Administrator in the preparation and. execution of the budget. (a ) 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 necessary, 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 thip 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 complete financial statement and report. 1 6-16-65 (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 Charter as may be required of him. Section 707. CITY ENGINEER. POLICE CHIEF. FIRE CHIEF, The City Engineer or Director of Public Works, the Police Chief and the Fire Chief shall be the heads of their res- pective departments. 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 interest 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 department 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. 6-16-65 No member of the City Council, City official or employee, or member of any board or commission, shall be dee ::ed to have a financial interest, within the meaning of the foregoin- provisions, in any contract made with a corporation by -mason - of the ownership of stock in such corporation unless said stock owned by him shall amount to at least three per cent 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 co,: � ission, 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. a Section 710. ACCEPTANCE OF OTHER OFFICE. Any elective officer of the City who shall accept or retain ay other elective 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 appoint to a salaried position under tine C=ty government any Person who is a relative by blood or marriage taithin 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 position. Section 712 . OFFICIAL BONDS. The City Council s^.all 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 beapproved 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 pro- tection 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, 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 conspired In the wrongful act directly or indirectly causing the loss. rY 6-3o-65 ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS Section 800. IN GENERAL. There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may specify 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 include 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 qualified electors 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 and qualified. The terms shall be staggered so that the number 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 appropriate year. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. Section 803. EXISTING BOARDS. The members of the boards and commissions holding office when this Charter ';,akes effect shall continue to hold office thereafter until their respective " terms of office shall expire and until their successors shall be appointed and qualified. If the membership of any board or 6-3o-65 commission is reduced or increased by this Charter, the members to be added or eliminated shall be determined by the City Council. The terms of .the members of any existing board or commission shall be adjusted, if necessary, to comply with the provisions 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 com- missions shall be open to the public and all persons shall be permitted to attend such 'meetings, except that the pro- visions of this sentence shall not apply to executive sessions to consider the appointment, employment, discipline or dis- missal 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 or commission, and who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations, which shall be con- sistent 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 investigation or proceeding pending before such board or commission. Section 806. PLANNING COMMISSION. POV1ERS AND DUTIES. There shall be a Planning Commission consisting of seven members who shall have been residents of the City for at least two . years immediately preceding their appointment. The Planning Commission shall have the power and be required to: ; � 6-30-65 I (a) Recommend to the City Council after a public hearing thereon, the adoption, amendment or repeal of a General Plan, or any part thereof, for guidance in the physical development of the City. (b) Exercise such functions with respect to land sub- divisions as shall be provided by ordinance not inconsistent with the provisions of this Charter. (a) Exercise such functions with respect to zoning, building, land use and related matters as 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. POKERS 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 libraries. (a) Recommend to the City Council the duties and quali- fications of the. librarian and other officers and employees of the libraries. • 6-16-65 (d) Make recommendations concerning the acquisition of books, journals, reports, maps,- publications and other personal property. (e) Make recommendations concerning the purchase or lease of real property and the rental or provision for adequate 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 libraries for the preceding fiscal year and on such other matters deemed expedient by the Library Board. (i) Exercise such other functions not inconsistent with this Charter as may be prescribed by ordinance. 6-3o-65 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 appoint- ment to any salaried office or employment in the service of the City. The Personnel Board shall have the power and be required to: (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 Council concerning the administration of personnel in the municipal service and report its findings to the City Council and City Administrator. (d) Hear appeals of any officer or employee under the Personnel System who is suspended for a period of more than thirty days, demoted or removed, and report in writing to the appointing power and City Council, its findings, con- clusions and recommendations. (e) Exercise such functions with respect to personnel or the Personnel System, not inconsistent herewith, as may be prescribed by ordinance or requested by the City Council. 7-7-65 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 qualifications, 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 adoption 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 present • school district within the City or of which the City com- prises a part, but each such present school district shall continue 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 members 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. 7-7-65 34 ARTICLE X PERSONNEL SYSTEM Section 1000. SYSTEM TO BE ESTABLISHED. The City Council shall by ordinance establish a personnel system for the selection, employment, classification, advancement, demotion, suspension, discharge and handling of grievances of those appointive officers and employees who shall be included in the system. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interests of the public service. The ordinance shall designate the departments and 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 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. 7-7-65 35 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 hereafter may be amended, to enable the City to continue as a contracting 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. �^f 6-3o-65 ARTICLE XII FISCAL ADMINISTRATION Section. 1200. FISCAL YEAR. The fi::cal 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. Section 1201. AWINUAL 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, rersonally, or through the Director of Finance, estimiates of reve :ae and expenditures for his department or for such board or cor=is°sion for the ensuing fiscal year, detailed in such :,canner as may be pres- cribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimatbes, hold conferences thereon with the respective department heads, boards or commissions as necessary, and :.,ay 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 thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 1203. BUDGET. PUBLIC HARING. kt 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. -�� 6-3o-65 r 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 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. Section 1205. 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 encum- bered. 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 established a centralized purchasing system for all City departments and agencies, except as otherwise in this Charter provided. The City Administrator shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for, purchasing, storing, and distribution of all supplies, materials and equipment required by any office, department .or agency of the City government. 6-30-65 T Section 1207. TAX LIMITS, (a) The City Council shall not, levy a property tax for municipal purposes in excess of On.e 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 tre electors. The number of years that such additional levy is to be made shall be speci- e fled in such proposition. (b) There shall be levied and colleete",: at •*:.e sun..- ti-me and in the same manner as othe_^ property taxes for -:ranicipal purposes are levied and collected, as additional taxes not sub- ject to the above limitation, if no other provision for payment thereof is made, : 1. A ta sufficient 'Co meet all � = ��abl_i�<_'Les of � e City of principal and int-erest of all bonds and -ud gr,,ents due and unpaid, or to become due curing the ensuing fiscal year, which constitute gere:a.l obligations of the City; and 2 . A tax suff ieien to c:eet all obligations of th e City under the State Employeesc retirement System, the Federal Insurance Contributions Act, o:^ 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 nc- subject to the above limitation, may be wade annually, based on City Council approved estimates, for the following, specific purposes, but not to el:ceed the followinJ respec'ive limits for thoupurposes for which limits are herein set forth, "Co wit : parks and recreation not to exceed $0.20 per One Hundred Dollars; libraries not t,o exceed $0.15 per v-e Hundred Dollars; advertis-4ng, music and promotion not to exceed $0.05 per one un.dred Dollars; civil defense and disaster preparedness not to e::ceed $0.03 per One Hundred Dollars; and fo::^ public museums of natural and historical objects not to exceed $0.02 per One ; ur.�:red Dollars. The proceeds of any such special levy shall be used for no otter purpose than that specified. Section 1208. TAX PROCEDURE. The procedure for the assess- nent, levy and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the City Council. t he City Coun cil fails to fix the rate a:;d J.evy tares on oz^ before August 31 :'n any year, the rate for t.epre- ceding fiscal year shall t:ereupon be automatical7y a op red 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. 1�rD 7-7-65 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 per- cent 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 two-thirds of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the pro- visions of the State Constitution and of this Charter. 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 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 'issuino the same at an election at which such proposition shall have been duly submitted to the qualified electors of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds was 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. 7-7-65 40 Section 1211. CONTRACTS ON PUBLIC WORKS. Except as herein- after expressly provided, every contract involving an expenditure of more than Two Thousand Five Hundred Dollars ($2,500.00) 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 Two Thousand Five Hundred Dollars ($2,500.00), 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 Five Thousand Dollars ($5,000.00), 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. 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 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 1212. CONTINGENCY FUND. The City Council may main- tain 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 ,�,� 7-28-65 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 may be required for the purpose of placing such funds, as nearly as possible, on a cash basis. All money so transferred from the Contingency Fund shall be returned thereto before the and of the fiscal year. Section 1213. CAPITAL OUTLAYS FUND. A fund for capital outlays generally is hereby created, to be known as the "Capital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordinance 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 authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer . to any such fund 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 generally, then for any such purposes, and if for a special capital 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. ZIP 7-28-65 Section 1214. TREASURER'S DEPARTMENTAL TRUST FUND. The .City Council may prescribe by ordinance for the setting up of a Treasurer's Departmental Trust Fund into which the collections of or deposits with the police department, license collector, 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 deposit being furnished to the City Treasurer and Director of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the .Director of Finance and for the following purposes : (a ) Making a refund of refundable deposits when such refund 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 12150' OTHER FUNDS. The City Council may establish 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 PAYf4ENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, con- sideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by ' . 43 . 7-28-65 the State Legislature, and to the extent that the same are not inconsistent therewith, the following provisions of this Section 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 afte-, Ghe occurrence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place and circum-:I-a.nces of the occurrence and the extent of the injuries or damages sustained. 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 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 rejection thereof endorsed thereon, and warrant, if any, to the City Admini.s- trator. If a demand is one for an item included within an approved budget appropriation, it shall require the appr3 val of the City Administrator before payment; otherviise it o.Yia.11 require 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 ;1 7-7-65 • 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, until a claim or demand for the same has been presented as in this Charter provided and such claim and demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejection thereof. Section 1218. REGISTERING WARRANTS. Warrants on the City Treasurer which are not paid for lack of funds shall be registered. 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 thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and City Attorney, 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. r 7-28-65 Section 1220. SALE OF 10JBLIC 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 affi:':mative votes of at least a majo.^ity 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. 46 7_7-65 ARTICLE XIII ELECTIONS Section 1300. GENERAL MUNICIPAL ELECTIONS. General municipal 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 municipal 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 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 munici- pal elections so far as the same are not in conflict with this Charter. 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, sha-.I 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. ,��, 7-7-65 ,. ARTICLE XIV FRANCHISES Section 1400. GRANTING OF FRANCHISES. Any person, f:rr or corporation furnishing the City or its inhabitants with trans- portation, 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 vali 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 provisions 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. I - Section 1401. RESOLUTION OF INTENTION. NOTICE J'ND r1,37IC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the saW2, 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 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 thereon. It stall dir act 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. 7-7-65 48 At the time set for the hearing the City Council shall pro- ceed 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 is 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 actually 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 such franchise, for the rendering 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. r 7_7_65 ' Any franchise granted hereunder shall not become effective 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 ordinance grant- ing the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of sac:: �rant�� that if and when the City shall thereafter annex, or consolidate w.:th, additional territory any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitu- tional provision, shall likewise be .deemed to be abandoned with- in the limits of such territory. No grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assign- ees thereof shall covenant and agree to perform 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 f away or to modify or to abridge, either for a term. or in per- petuity, 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 conditions imposed in the grant, or by procedural ordinance and shall further agree to; (a ) Comply with all lawful ordinances, rules and regula- tions 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. 50 7-28-65 r (c) Indemnify and -hold harmless the City and its officers and .employees from .any and .all liability for damages proximately resulting from any operations under such franchise and provide such insurance and/or bond as the City' Council may require. (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, align- ment or width of any public street, way, alley or place, includ- ing the construction of any subway or elevated transit facilities, or by the construction or improvement of any 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 annual 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 privilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be a misdemeanor and shall be punishable in the same . manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. 7-28-65 51. Y • ARTICLE XV r MISCELLANEOUS Section 1500 . DEFINITIONS. Unless the provisions or the context otherwise requires, as used . in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the =City of Huntington Beach and "department" , "board" , "commission", . "agency", _ "officer", or "employee" , is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange (d) "State" is the State of California . (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. J (g) "Person" includes firm and corporation. Section 1501. 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. . 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 application of such provision to other persons or circumstances, shall not be affected .thereby. 7-28-65 • 52 . J OFFICIALS D MILLER ADMINISTRATIVE OFFICER RATFG CITY OF �� BRANDER D CASTLE ASSISTANT ADMINISTRATOR ... ............."Ang ... ........ ... .. ....... JAMES R WHEELER O rC'rT l�rCC i / y( P BOA 190 C A L I F O R N I A IDIRCCTOR OF PUBLIC WORKS FRANK B ARGUELLO Cyr Isa9 �� 92648 CpUITY . FINANCE DIRECTOR JOHN SELTZER COUNCILMEN {` POLICE CHIEF - DONALD D SHIPLEY� DELBERT G HIGGINS / MAYOR 1 { FIRE CHIEF ERNEST H GISLER ( VINCEN ROBERT M LAMBERT, LIFEGUARD CHEFOUSE/ JAKE R STEWART 7/ THOMAS H WELCH { ` OLLIN C CLEVELAND , BUILDING DIRECTOR /y PAUL C JONES CITY CLERK �- x EDWARD R STANG pp Jul 30 1965 N WATER SUPERINTENDENT JAMES D PLUNKETT , Y i CITY ATTORNEY I BETTY DIEKOFF TREASURER Delbert G Higgins, Fire Chief --------------- City of_Hu t nn ii gton Beach_` Huntington Beach, California Dear Chief Higgins A draft of the tentative proposed city charger has been complet- ed by the-Citize Csn barter Revision Committee A copy of thisy draft is enclosed herewith A review of this draft will be made by the committee and we invite your participation in this review at the next regular meeting of the committee, August 4, 1965, 7 30 P M in the Council chamber After hearing all comments and suggestions by members of the municipal family, it is the intent of the committee to then hear from any interested citizens After hearing all comments and suggestions, the committee will consider making changes prior to submission of a final proposed revision of the Huntington Beach City Charter to the City Council for its consideration and determination We encourage and will appreciate any comments or suggestions you may have Yours very truly, CITIZENS CHARTER REVISION COMMITTEE enneth Lawson, Chairman KL bwo enc INGTpN CITY OF JKWZ&41WV on ,;• g -----------—————— ------------------ �B CALIFORNIA CUUNTY TE NT �\ T IV PR OPOSED CI TY CHAR J' ULY 30, 1965 July 30, 1965 This rough draft of the tentative proposed charter of the City of Huntington Beach has been prepared for -the .information, consideration, and review of all citizens, city officials, department heads, members of boards and commissions, and city employees. The Charter Revision Committee encourages your participation in a review of this draft. After hearing all comments and suggestions which may be made, the committee will consider making changes prior to submission of a final proposed revision of the Huntington Beach City Charter to the City Council of the City of Huntington Beach for its consideration and determination. Respectfully submitted, CITIZENS CHARTER REVISION ` COMMITTEE Mr. Kenneth Lawson, Chairman Mr . Donald Blossom, Vice Chairman Mr . Mac Bangoy, Secretary Mr. Al M. Coen Mr . Parino DiFabio Mr. Don Eddy Mrs. Bernard Gage Mr. John Henricksen Mr. Glenn Hottenstein Mr. Joe Irvine Mrs. Frank Larkin Mr. John J. Mangano Mr. Fred Miller Mr. Marcus-M. Porter Mr . George Wood TENTATIVE PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH TABLE OF CONTENTS ARTICLE I. NAME OF CITY Section 100 . Name 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 Improvements 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 Section. 500 . City Council. 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 a . ARTICLE VI, CITY ADMINISTRATOR Section 600 . City Administrator 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 b. ARTICLE XII. FISCAL ADMINISTRATION Section 1200 . Fiscal Year Section 1201. Annual Budget . Preparation by the City Administrator 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 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 15.02 Validity co TENTATIVE PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the OK organic law of said City under the Constitution of said 5-5-65 State. ARTICLE I NAME OF CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall . ' OK . , ._ remain and continue to exist as a municipal corporation 5-5-65 under its present name of "City of Huntington Beach". ;�q- dda 6- ARTICLE C..,1-.H.�/�i.c.�' � 4'.�C 2•G-lt. II BOUNDARIES Section 200. BOUNDARIES. The boundaries of the .City OK shall be the boundaries as established at the time this 5-5-65 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 Huntington Beach shall continue to own, possess and control all rights and property of every kind and nature owned, pos- sessed .or controlled by it at the time this Charter takes effect and shall continue to be subject to all its debts, obligations, liabilities and contracts. 5-5-65 1 Section 30l-.,: ;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. 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 existing ordinances, resolutions, rules or laws, but subject to such removal, amendment and control as is pro- vided or permitted in this Charter, and, as to offices which are changed, abolished 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, and each such officer except the City Attorney shall assume: classi- fied status therein under the personnel system to be established pursuant to 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. 5-5-65 Section 304. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. All contracts entered into by the City or ..for its benefit prior to the effective date .of this Chaster and then in effect, shall continue in full force and effect according to their terms. Publics 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 accordance 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 transferred 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. 5-19-65 3 1 ARTICLE IV POWERS OF CITY Section 400. POVIERS 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 res- trictions 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, on 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 authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, subject to such restrictions and limitations as may be contained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limi- tation upon, 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. 5-5-65 ARTICLE V CITY COUNCIL Section 500. CITY COUNCIL. TERNS. The elective officers of the City shall consist of a City Council of .seven members elected from the City at large at the times and in the manner provided in this Charter who shall serve for terms of four years and until their respective successors qualify. The five members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall :e elected at the general muni- cipal 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 CWaster 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 hold no� 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. The ter;. of each rier oer of t::e City Council shall commence on the first Tuesday following his election. Ties in voting among candidates for office shall be settled by the casting of lots.? �- 5-5-65 t� 1 Section 501. ELIGIBILITY. No person shall be eligible to hold office as a member of the City Council unless he is and shall have been a resident and qualm elector of the City for at least two years next prece ng the date of his election or appointment. f - J Section 502. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Twenty-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 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, Ilk � Rd 73V Section 503. VACANCIES. A vacancy in the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until —the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term, if any. As used 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. 5-19-65 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 Council 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 turpi- tude, 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 appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term. Section 504. PRESIDING OFFICER. On the first Tuesday 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 presidin; 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 responsibility 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. i 5-5-65 r� 0 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 his absence or disability. Section 505. PO,,JERS 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 .1 TAIFGS. The City Council shall hold regular 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 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. 5-5-65 s.� Section 507. SPECIAL MEETINGS. A special meeting ray be called at any time by the iayor, or by a maj ority of the members of the City Council, by written notice to each member of the City Council and to each local ewspaper of general circulation, radio or television station requesting notice in writing. Such notice 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 busi- ness shall be considered at such meetinz. Such irritten notice may be dispensed with as to any person entitled thereto who, at or prior to the time the convenes, files with the City Clerk a written i,:aiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any person who is actually present at the meeting at the time it convenes. Section 508. PLACE OF ��IEETIN S. = meeta.rgs :,Nall be held in the Council Chambers of the Citly ::all, or in such place within the City to erhieh any such r::aeti ng ray be adjourned, and shall be open to tha public . if, by reason of fire, .flood or other emergency, it shill be unsafe to meet in the place designated, the rneetin-z may be held for the duration of the emergency at such place within the City as is designated by the i:ayor, or, if he should fail to act, by a majority of the members of the City Council. 5-19-65 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 adjourned 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 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. The City Council shall judge the qualification of its members as set forth �by the Charter. It shall judge all election returns. It 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. Each member of the City Cou cil 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 corapc;l the attendance of witnesses, to examine them under oath and to corpel 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 rt nner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and s:,.all be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. 10 5-19-65 Section 510. CITIZEN PARTICIPATION. 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 to consider the appointment, employment, discipline or dismissal of a public officer or employee or to hear complaints or charges brought against any such offi- cer 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 regula- tions as may be authorized or adopted by ordinance. 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. present, except that emergency ordinances shall be read in full. In the -event that any ordinance .s altered after its introduction, 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. 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. 5-19-65 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 neces- sary 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. 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 Cif, .-,- of Huntington Beach does ordain as follows: ". The City Clerk shall cause each ordinance to be pub- lished at least once in the official newspaper within fifteen days after its adoption. 5-19-65 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. all Detailed regulations pertaining to any subject such as. 4 the construction of buildings, plumbing and wiring, 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. Section 514. ORDINANCES. WHEN EFFECTIVE. No ordinance shall become effective until 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 neces- sary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property; 13 5-19-65 (d) An emergency ordinance adopted in the manner pro- vided in this Article. Section 515. ORDINANCES. VIOLATION. PENALTY. A violation of any ordinance of the City shall constitute a misdemeanor 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 notices, 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 newspaper 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 newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper 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 the official newspaper for the publication of such notices or other matter for the period of such contract. ti , q (J,, ce 1 L g,,� a L.r 14 5-19-65 In no case shall the contract prices for such publi- cation 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 circu- lation published in the City, or in the event ,no such news- paper 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 conformity with this Charter or law or ordinance. Section 518. CONTRACTS. EXECUTION. The City shall not be bound by any contract, except as hereinafter pro- vided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated 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. 5-19-65 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. The City Council may by ordinance, or resolution/provide (needed method for the salel_or.`exchange of persoi�_l-p_r-_ope. not in the City Service or not fit for the purpose for �,hioh intended, and for .the conveyance of title thereto. ��✓r� 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. The provisions of this Section shall not apply to the employment of any person by the City at a regular salary. 5-19-65 I.G � l - C . I ARTICLE VI ^_CITY AD;�IINIST:Ii' 7Rc Section 600. CITY ADMINISTRATOR. There shall be a City Administrator who snail be tha chief administrative officer of the City. He shall be appointed by the Affirma- tive 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 z1hall 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 knowledge of, accepted practice in respect to the duties of his office as herein set forth. rl Section 601. RESIDENCE. Thy 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 withini' * 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 Administrator 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 res- ponsibilities 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 6-16-65 ��i conditioned 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 administrative branch of the City Government. Except as otherwise 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 pro- visions 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 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 Adminis- trator shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment or removal. I (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 frequently, a current report of the principal adminis- trative activities of the City. 5-19-65 rl , ra`5 (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, distribution and disposal of all supplies, materials and equipment 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 depart- ments 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 departments 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. • 6-16-65 j tom`+ A 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 par- ticipate in their deliberations, but shall not have a vote. He shall receive notice of all special meetings of the City Council, and of all boards and commissions. He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. Section 606. 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 f a member of the City Council is elected. At any other time the City Administrator may be removed only at a regular f meeting of the- City Council and upon the affirmative votes .. . of a majority of the members of the City Council. At least s thirty days prior to the effective date of his removal, the City Administrator shall be furnished with a crritten 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 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 his intended removal, the City Council may suspend him from duty, but his compensation shall continue until his 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. i 6-16-65 a itryR- `.fyrE' ip Section 607. NON=INTERFERENCE WITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, neither the Council nor any of its members shall order, directly or indirectly, the appointment by the City Admin- istrator, or by any of the department heads in the adminis- trative service of the City, of any ,person to any office or employment, or his removal therefrom. Except for the pur- pose of inquiry, the City Council and its members shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Adminis- trator, and neither the City Council nor any member thereof shall give orders to any subordinate of the 01ty Adminis- trator, either publicly or privately. Section 608. ACTING CITY ADMINISTRATOR, The City Administrator 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 Adminis- trator. 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. 5-19-65 `'t v �P,�� ARTICLE VII OFFICERS AND EMPLOYEES Section 700. ENUMERATION. In addition to the City Council and City Administrator, the officers and employees of the City shall consist of a City Attorney, a City Clerk, a City Treasurer, a Director of Finance, a City Engineer or Director of Public Works, 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. The City Attorney, City Clerk and City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the City Council. All other officers, department heads and employees of the City shall be appointed and may be removed as elsewhere in this Charter provided. Section 702. ADMINISTRATIVE DEPARTMENTS. The City Council 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 established by this Chaster, for the creation of additional departments, divisions, i offices and agencies and for their coonaolidat.lon,,�alteration-or Ale abolition,. It may further provide 'by o dfna cn a or reso tion for the assignment and reassignment of functions, duties, f offices and agencies to offices and departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees, consistent with this Charter. Each department so created shall be headed by an officer as department head. G� _ � ti y, Gam•, R wo,/,4 •- When the positions are not incompatible, the City Council 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 become and remain eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the- laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his 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. 6-16-65 (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. (a) Represent and appear for the City in any or all actions or proceedings in which the City 'is concerned o::- Is a party, and represent and appear for any City officer or emmployee, or . .former City officer or employee, in any or all civil actions or proceedings in which such office:? or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. C (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion o�. .'y or in writing whenever requested to do• so by the City Cocaicil or by any of the boards or officers of the City. (e) Approve the form of all contracts rade by and all bonds given to the City, endorsing his approve ::_ thereon in writing (f) Prepare any all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office 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 may employ other attorneys to take charge of or may contract for any prosecutions, litigation or other legal matters or business. 6-2-65 2� 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 ity Council, unless excused, and be responsible for the ecording and maintaining of a full and true record of all of he proceedings of the City Council in books tY t shall be r appropriate title and be devoted to such purpose. (b) Maintain separate, books, in which shall be recorded respectively all ordinances\and rr solutions, with the certi- ficate of the Clerk annexed% to a ch thereof stating the same to be the original or a corr6ct popy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate retards of all written contracts and official bonds. (d) Keep all books and4reco ds in his possession pro perly indexed and open to public inspection when not in actual use. 'N� f (e) Be the custodian; of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex-officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolutio of t __ � City Council it j, . 6-16-65 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. a 4� • Section 705. CITY TREASURER. POIWERS AND DUTIES. The City Treasurer shall have \he power and hall be required to: (a) Receive on behalz, revenues of the City, or for the f the City all taxes, assess- ments, license fees and othe collection of which the City s respon•sible, 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, department or agency of the G'ity. (b) Have and keep custody of all public funds belonging to or under control of the City or°,;any office, department or agency of the City government and deposit or cause to be deposited all funds coming into hi•s, hands in such depository- as may be designated by resolution of the City Council, or, if no such resolution be adopted, ithen in such depository VL designated in writing by the City" Administrator, and in com- pliance with all of the provisions of\the State Constitution and laws of the State governing the hkndling, depositing and securing of public funds. 1 (c) Pay out moneys only on proper orders or warrants in the manner provided for in ihis- Charter. 1 (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. ' 6-3o-65 Section 706. DIRECTOR OF FINAN�OpE. POWERS AND DUTIES. , To be eligible for appointent as Director of Finance, the person appointed shall have--had�oleast six years of res- ponsible financial experience._incvuding at'other four years in a public agency and shall have such other qualifications as may be required by- the City Council';. The Director of Finance shall have the power and shall be required to: 'er (a) Have charge—of the administration of the financial uv affairs of the City underthedirection of the City Adminis- trator, and be head of•the Fina`nce_Department ,bf the City. V (b) Assist the City Administrator in t e preparation and. execution of the budget. (c ) Establish and\maintain a system Hof' financial/pro- ` cedures, accounts and controls for the City government and each of its offices, deArtments and agencies. (d) Supervise. and bearesponsibl for the,-'disbursement • of all moneys and have control of all expenditures to insure that budget appropriation0are 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 necessary, determine the regularity, legality and correctness of such claims, demands or charges; and draw warrants upon the City Treasurer for all claimsl d demands audited and approved as in this Charter provided sp cifying the purpose for which drawn and the fund from which payment is to be made: (e) Supervise and be esponsible for the receipt and collection of all taxes, sessments, license fees and other revenues of the City, orXor the collection of which the City is responsible, and al �ther l 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 complete financial statement and report. r t '6� 6-16-65 I' iL i"VY, f (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 Charter as may be required of him. Section 707. CITY ENGINEER. POLICE CHIEF. FIRE CHIEF, The City Engineer or Director of Public Works, the Police C Chief and the Fire Chief shall be the heads of their res- pective departments. 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 Interest 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 department 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. 6-16-65 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 foregoln provisions, in any contract made with a corporation by nr ason of the ownership of stock in such corporation unless said stock owned by him shall amount to at least three per cent of all the stock of such corporation issued and outstanding. No City Councilman or member of any board or coal-nission shall vote on or participate in any contract or transaction in which he has directly or indirectly a financial interest whether a" - ,a stockholder of the corporation or otherwise. If any officer, or employee, or member of any board or co-,mission, 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. y= Section 710. ACCEPTANCE OF OTHER OFFICE. Any elective officer of the City who shall accept or retain ay other elective 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 ; appoint to a salaried position under the C=tS► 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 his or of any Councilman within such degree to any such position. 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 by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, s=all 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 pro- tection 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 rir-ht 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 conspired in the wrongful act directly or indirectly causing the loss. ��N 6-3o-65 ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS Section 800. IN GENERAL. There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment -are required, and may specify 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 include 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 Artfdle shall be appointed by the City Council from the qualified electors 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 rmembership thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed and qualified. The terms shall be staggered so that the number 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 appropriate year. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. Section 803. EXISTING BOARDS. The members of the boards and commissions holding office when this Charter cakes effect shall continue to hold office thereafter until their respective ' terms of office shall expire and until their successors shall be appointed and qualified. If the membership of any board or 6-30-65 1r� commission is reduced or increased by this Charter, the members to be added or eliminated shall be determined by the City Council. The terms of .the members of any existing board or commission shall be adjusted, if necessary, to comply with the provisions 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 com- missions shall be open to the public and all persons shall be permitted to attend such meetings, except that the pro- visions of this sentence shall not apply to executive sessions to consider the appointment, employment, discipline or dis- missal 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 or commission, and who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations, which shall be con- sistent 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 investigation or proceeding pending before such board or commission. Section 806. PLANNING COMMISSION. POWERS AND DUTIES. There shall be a Planning Commission consisting of seven members who shall have been residents of the City for at least two years immediately preceding their appointment. The Planning Commission shall have the power and be required to: jo 6-30-65 (a.) Recommend to the City Council after a public hearing thereon, the adoption, amendment or repeal of a General Plan, or any part thereof, for guidance in the physical development of the City. (b) Exercise-"such functions with respect to land sub- divisions as shall be provided by ordinance not inconsistent with the provisions of this Charter. (a) Exercise such functions with respect to zoning, building, land use and related matters as 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. P014ERS 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 libraries. (a ) Recommend to the City Council the duties and quali- fications of the. librarian and other officers and employees of the libraries. 6-16-65 3 (d) Make recommendations concerning the acquisition of books, journals, reports, maps,- publications and other personal property. (e) Make recommendations concerning the purchase or lease of real property and the rental or provision for adequate 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 libraries for the preceding fiscal year and on such other matters deemed expedient by the Library Board. (i) Exercise such other functions not inconsistent with this Charter as may be prescribed by ordinance. 6-3o-65 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 appoint- ment to any salaried office or employment in the service of the City. The Personnel Board shall have the power and be required to: (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration. 7 (b) After a public hearing thereon, recommend to she City Council, the adoption, amendment or repeal of personnel rules and regulations. (c ) Make any investigation upon request of the City Council concerning the administration of personnel in the municipal service and report its findings to the City Council and City Administrator. (d) Hear appeals of any officer or employee under the Personnel System who is suspended for a period of more than thirty days, demoted or removed, and report in writing to the appointing power and City Council, its findings, con- clusions and recommendations. (e) Exercise such functions with respect to personnel or the Personnel System, not inconsistent herewith, as may be prescribed by ordinance or requested by the City Council. 7-7-65 T 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 qualifications, 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 adoption 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 present school district within the City or of which the City com- prises a part, but each such present school district shall continue in existence subject to the provisions of the laws of the State of Califom is as the same now exist or hereafter may exist. Section 902. EFFECT OF CHARTER ON BOARD. The five members 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. . 7-7-65 34 1 ARTICLE X PERSONNEL SYSTEM Section 1000. SYSTEM TO BE ESTABLISHED. The City Council shall by ordinance establish a personnel system for the selection, employment, classification, advancement, demotion, suspension, dischargesand handling of grievances of those appointive officers and employees who shall be included in the system. The system sAa.11 consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion,' suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interests of the public service. The ordinance shall des /gnate the departments and 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 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 0 all other provisions of this Charter. �001 'S ii .�L 7-7-65 35 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 hereafter may be amended, to enable the City to continue as a contracting City under the State Employees ' Retirement System. The City Council may terminate any contract with tha 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. 6-3o-65 T ARTICLE XII FISCAL ADMINISTRATION Seetion. 1200. FISCAL YEAR. The fi:�cal 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. Section 1201. ANINJAL BUDGET. PREPARATION BY T:E CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Admi i' strator, personally, or through the Director of Finance, estimates of reve::ae and expenditures for his department or for such board or commis ion for the ensuing fiscal year, detailed in such :canner as may be pres- cribed by the City Administrator. In prepariro 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 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 thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 1203. BUDGET. PUBLIC 11EARING. 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. 3w 6-3o-65 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 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. Section 1205. 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 encum- bered. 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 established a centralized purchasing system for all City departments and agencies, except as otherwise in this Charter provided. The City Administrator shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for, purchasing, storing, and distribution of all supplies, materials and equipment required by any office, department .or agency of the City government. e f' 6-30-65 i T l r Section 1207. TAX LIMI^.34. (a) The City Council s:1all not levy a propay-ty tax for municipal purposes in excess of O e 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 a;; any election at which the question of such additional levy for municipal purposes is submitted to t::e electors. The number of years that such additional levy is to be made shall be speci- Pied in such proposition. (b) There shall be levied and colleetes, az " :.e same time and in the same manner as other property taxes for municipal purposes are levied and collected, as addit'jional taxes not sub- ject to the above limitation, if no other provision for payment thereof is made, : ,. .,_ <_ 1, A ta.:: su�ficic.:� �o meet all 1s .��.o��._ i�„les of U,:e City of principal and interest of all bonds and, Jud—r„ents due and unpaid, or to become due ::Turing the ensuing f isc&l year, which constitute general obligations of the City; and 2. A tax sufZieien'c to meet all obligations of th e • City under the State Employees ' Retirement System, the F_ad ra.l 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 ncc subject to the above liraitation, may be grade annually, baseu on City Council approves: es:;iaia.tes, for the following, specific purposes, but not to exceed the follo�>ring respec"�ive limits for tho:�purposes for which limits are herein set f orL'h, to wit : parks and recreation not to exceed $0.20 per one Hundred Dollars; libraries not to exceed $0.15 per U—ne ;-indred Dollars; advertising, music and promotion not to exceed $0.05 per one Hundred Dollars; -�` civil defense and disaster preparedness not to e:;ceed $0.03 per One hundred Dollars; and f o-^ public museums of natural and historical objects not to exceed $0.02 per One luns.red Doha:s. The proceeds of any such special levy shall be used ;or no other purpose than thatl specified �� f ,•.c /v /�� V""'A/� �,i`.t<i�• .n,+�:f;/ f +t ri j=`L' '{.Y� 9'1:'�,;V:✓� t" �'- � `'` ;�.n✓w_�� Section 1208. TAX PROCEDURE. 9112h.e procedure : or she assess- ment, levy and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the City Council. ,:.. i.he City COU+it:il fails VO fix the rate a:t4 _L �aieS on or before August 31 in any year, the rate for t:.e .ext pre- ceding fiscal year shall "V- .ereupon be automatically a.`op:.ed and a tax at such rate shall b-e-deezmed to have been levied on all taxable property in the City for the current fiscal year. t�(� 7_7_65 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 per- cent 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 two-thirds of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the pro- visions of the State Constitution and of this Charter. 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 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 qualified electors of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund. for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds was 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. 7-7-65 40 Section 1211. CONTRACTS ON PUBLIC WORKS. Except as herein- after expressly provided, every contract involving an expenditure of more than Two Thousand Five Hundred Dollars ($2,500.00) 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 Two Thousand Five Hundred Dollars ($2,500.00), 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 Five Thousand Dollars ($5,000.00), 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. 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 Co%�ncil 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 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 1212. CONTINGENCY FUND. The City Council may main- tain 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 7-28-65 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 may be required for the purpose of placing such funds, as nearly as possible, on a cash basis. All money so transferred from the Contingency Fund shall be returned thereto before the end of the fiscal year. t� /Section 1213. CAPITAL OUTLAYS FUND. A fund for capital 1 outlays ..,generally is hereby created, to be known as the "Capital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordinance 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 authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer . to any such fund any unencumbered surplus funds remaining on hand in the City at any time. h� Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays generally, then for any such purposes, and if for a special capital 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. �� 7-28-65 Section 1214. TREASURER'S DEPARTMENTAL TRUST FUND. The City Council may prescribe by ordinance for the setting up of a Treasurer's Departmental Trust Fund into which the collections of or deposits with the police department, license collector, 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 deposit being furnished to the City Treasurer and Director of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Finance and for the following purposes : (a) Making a refund of refundable deposits when such refund 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 12150' OTHER FUNDS. The City Council may establish 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 PAYMENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, con- sideration and enforcement of claims against the City. In the absence of, applicable procedures prescribed by 43 . 7-28-65 the State Legislature, and to the extent that the same are not inconsistent therewith, the following provisions of this Section 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 afte_^ the occurrence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place and circum--t- .nces of the occurrence and the extent of the injuries or damages sustained. 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 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 o-f 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 rejection thej:aof endorsed thereon, and warrant, if any, to the City Adminl.s- trator. 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 .hall require 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 ;1 ,7 7-7-65 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, until a claim or demand for the same has been presented as in this Charter provided and such claim and demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejection thereof. Section 1218. REGISTERING WARRANTS. Warrants on the City Treasurer which are not paid for lack of funds shall be registered. 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 thereof to be distributed to each member, one to the City Administrator, Director of Finance, Treasurer, and City Attorney, 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. r 7-28-65 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 authorized by the aff -.Native 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. I.J 4G 7w7 65 ARTICLE XIII ELECTIONS Section 1300. GENERAL MUNICIPAL ELECTIONS. General municipal 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 municipal 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 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 munici- pal elections so far as the same are not in conflict with this Charter. Section 1503. INITIATIVE, REFERENDUM AND RECALL. ^here 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 exJst or hereafter may be amended, governing the initiative and 'refererdum and the recall of municipal officers, shar.l apply to the use thereof in the City so far as such provisions of the Elections Lode are not in conflict with the provisions of this Charter. 7-7-65. -r- ARTICLE XIV � FRANCHISES Section 1400. GRANTING OF FRANCHISES. Any person, farm or corporation furnishing the City or its inhabitants with trans- portation, 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 exrstt g ranchise therefor. The City Council is e powered 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 terns and conditions of�such grants , or the making thereof, all subject to the provisions 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 rli�L'1C HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the sa-ze, 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 set forth tre 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 thereon. It shall direct the City Clerk . to publish said resolution at least once, withir. :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. 7-7-65 48 r At the time set for the hearing the City Council. shall pro- ceed 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 is 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 actually 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 such franchise, for the rendering 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. n 7-7-65 Any franchise granted hereunder shall not become effective 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 ordinance grant- ing the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of such -rantee that if and when the City shall thereafter annex, or consolidate additional territory any and all franchises, rights and privileges owned by the grantee' therein, except a franchise derived under said constitu- tional provision, shall likewise be -deemed to be abandoned with- in the limits of such territory. No grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assign- ees thereof shall covenant and agree to perform 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 per- petuity, 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 -s:nd conditions imposed in the grant, or by procedural ordinance and shall further agree to; (a) Comply with all lawful ordinances, rules and regula- tions 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. SO 7-28-65 l (c) Indemnify and .hold harmless -the City and its officers and employees from .any and all liability for damages proximately resulting .from any operations under such franchise and provide such insurance and/or bond as the City' Council may require. (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, align- ment or width of any public street, way, alley or place, includ- ing the construction of any subway or elevated transit facilities, or by the construction or improvement of any 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 -annual 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 privilege .for which a franchise is required, without possessing a valid and existing franchise therefor, shall be .a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. 7-28-65 51. ► ARTICLE XV MISCELLANEOUS Section 1500. DEFINITIONS. Unless the provisions or the context otherwise requires, . as used in this Charter: (a) "Shall" is mandatory, and .."may" is permissive. (b) "City" is the -City of Huntington Beach and . "department" , "board" , "commission", . "agency "officer", or "employee" , is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 1501. 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. . 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 application of such provision to other persons or circumstances, shall not be affected thereby. 7-28-65 a 52. 1