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2009 Charter Review Commission - Agendas - Historical Refere
AGENDA Tues ., City Hall, Room B-8 1, Roll Call; Merry game, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory tjlartnett, Marijo Johnson, Gary tscher, Joe Shaw, Ray Silver, Shane Sneddo , Tim Stuart, Dave Sullivan, Shane Whiteside ll. Public Comments: An opportunity for the public to comment on any item of interest; either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouracted to submit their comments in writin . Each Commission Member will receive.a.copy of all the submitted comments. III. Approval of Minutes from the November 3 and December 1 Commission meetings. IV. Staff Presentation on Charter Section 612 Public Utilities and Parks and Beaches (Measure C) as Follow-up to the Dec. 1 Public Meeting. V. Discussion and possible action on Charter Section 612 Public Utilities and Parks and Beaches (Measure C) VI. Discussion and possible action on Article III of the City Charter. * Section 300 - Elective offices and their terms • Section 309 - City Attorney - Powers and Duties • Section 310 - City Clerk - Powers and Duties • Section 311 - City Treasurer - Powers and Duties VII. CommissionerRequests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Vill. Adjourn to the next regular meeting scheduled for Tuesday, Jan 5 at 6 PM in City Hall Room B 8. Attachments; 1. Minutes from the Nov. 17 & Dec. 1 Meetings . Memo &Appendix on Other Elected Offices by Raphael Sonenshein 3. Recommendations for Qualifications for the elected department heads assembled by Chairman Harlow, Mice-Chair Dettloff, Raphael S nenshein, and Pat Dapkus . Letter from Joan Flynn, City Clerk, dated Nov. 24, 2009 5, Memo from Commissioner Bixby with recommendations for amending Charter Section 62. * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. ATTACHMENT # 1 f i [ ---------- 0 I 0 ACTION MINUTES Tues ., Nov 17, 2009, 6:00 I. Roll Gall:Jerry Bame, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Shade Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside (Dettloff, Johnson, Kutscher, Shaw & Stuart absent, Harnett arrived after the roll call) Il. Public Comments: An opportunity for the public to comment on any.,item of interest; either in general or specific to this agenda, that is within the subject matter or jurisdiction,'., f the Commission. Comments will be limited to no more than 3 rr inutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy ofall the submitted comments. Ill. Approval of Minutes from the November 3�'Ccimmi sion meeting. The minutes were amended to reflect":that staff is to bring back to a subsequent Commission meeting the issue of campaign finance with recommendations. A motion was made by Sneddon and seconded by Harlow to approve the minutes as amended. The motion was approved 10 0 5 - IV. Presentation on the Council - City Manager/City Administrator Forms of Government,— Raphe Son.,6 shein No Action V. Discussion and'.possible action on Charter Sections as follows: ;y S,46tion 200 L Council - Administrator Form of Government A motion-:was made-,by Silver,;seconded by Sullivan to change the form of government to CourDcil-Managerancl to change any reference to the City Administrator throughout the Charter to City Manager. th64notion was approved 10-0-5 f , Section 400 '-City Administrator, Composition, Term, Eligibility, Removal A motion was made by Silver, seconded by Sneddon to clarify language in Section 400(d) to be consistentwith"current city practice. The motion was approved 10-0-5 Section 401 - City Administrator's Powers & Duties Motion by Harlow, seconded by Bixby to remove the 2"d sentence under Section 401(a). The motion was approved 10-0-5. Motion by Sullivan second by Bauer to • Keep Section 401 (b) - (g) as is, and • Remove from 401 (h) the wording "except those directly appointed by the City Council," and • Add a new Section 401 (i) to read: "it shall be the duty of all department heads of the city, whether appointed or elected,to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically, and harmoniously, so far as my be consistent with their duties as prescribed by the law and ordinance of the city;" and • Move the current Section 401 (i) to 4010), and • Add a new Section 401(k) to add language regarding the city manager's authority to create and present items to be placed on the City Council agenda and to require that items to be placed on the agenda are filtered through the city manager's office. Section 402 — Acting City Administrator (Possibly' ,Change Assistant City Administrator to Deputy City Administrator. A motion was made by Silver, seconded by Sullivan-to amend Section 402 to remove the wording, "the Assistant City Administrator shall serve as Acting City Administrator. During any temporary absence or disability of both the City Administrator, and the Assistant City Administrator. This would leave the following: "During any temporary absence or disability of the City Administrator, the City Administrator shall appoint one of the other officers'or.department heads of the city to serve as Acting City Administrator.,,,In,the event the City Administrator fails to make such appointment, such appointment shall be made by he City Council." The motion was approved 10-0-5. • Section 403 — Personnel" - , escri it g1he,process for establishing other offices, officials,-and employees of`the city, A motion was made by-Silver, seconde&by;Sullivan to'delete the words "Assistant City Administrator,""and to delete"the following portion of the second to the last sentence in Section"1403: "provided, however;-that once included within'the system, no officer or employee shall be withdrawn therefrom-,(unless°the office or position is actually abolished or eliminated")without the approval of such WithdrawaLat a regular or special election by a majority of the voters voting on such proposition." The motion was approved 104T5. Section 307 = on-interference with Administration No Action.taken; to be left-as is. 11 i Section 404— Retirement System No Action taken; to be left as is. I. iscussion.Review of the Charter Commission Schedule to consider • ddin "Tu s., Dec. 8 for discussion on the elected department heads including qualifications and duties and Following discussion the Commission decided not to add the Dec. 8 date and move the above topics to the beginning of the Dec. 15 meeting for further discussion. Adding Tues., March 30 to allow additional time for review of final recommendations. March 30 has tentatively been added to the Commission's schedule * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. 1 . CommissionerRequests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Commissioner Bixby noted that he had made a request of city staff to provide information on city owned tidelands. He is considering potentially recommending that city tidelands be included under Charter Section 612(c). Staff has advised that it could take 5-8 hours to research the boundaries of city owned tidelands. Following discussion staff is to return with G1S data on city owned tidelands. Vlll. Adjourn to the next regular meeting scheduled for Tuesday, Dec. 1 at 6 PM in the City Council Chamber. Attachments: 1. Minutes from the Nov. 3 Meeting 2. City Administration dated Nov. 12, 2009 - Raphael Sonenshein 3. Matrix of Powers & Duties of City Managers in other Cities 4, Recommendations regarding changes to,Section 307 _ 401 of the City Charter from Commissioner Silver. 5. Letter from aul Cook in support of changing the title of City Administrator to City Manager . Charter Commission Timeline * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. ACTION MINUTES Tues 6:00 PM s3Dec. q 1. Roll Call: Jerry lame, Ralph Bauer, Mark ixb , Patrick Brenden, Shirley Dettloff, Dick Marlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Sharie Sneddon, Tire Stuart, Dave Sullivan, Shane Whiteside Brenden, Sneddon, Silver, &Whiteside Absent ll. This meeting is dedicated to taking public testimony on Section 612 (Measure ) of the City Charter. Comments on any portion of the City Charter are always welcomed. Ill. Public Comments: Public Comments were received as following; 1. Mark Porter—On behalf of Huntington Beach Tomorrow— Keep 612 as is except to adjust the $100,000 cost limitation by the cost of living. 2. Robert Dingwall — Leave Measure C as is, remove monetary limitation. 3. Kim Kramer—Requested Section 612 be amended to eliminate the exclusion for libraries and adjust the cost limitation to reflect variations in the size of the park. 4. Ed Kerins— Keep 612 as is except for cost of living increase. 5. Eileen Murphy— Leave Section 612 as is. 6. Merle Moshiri — Keep as is. Requested that future ballot measures be more specific. 7. Mindy White— Don't change. 8. Leslie Gilson— Keep as is. 9. Jean Nagy— Leave as is; prefers no monetary limitation. 10. Armida Brashears— Leave as is. 11. Carrie Thomas—Do not change, not even $100,000. Ballot measures should include more detailed information. 12. Richard Plummer—Supported Measure C —Questioned the need for any change except possibly adding libraries. 13. Blair Farley—Would like minute action (preamble to Charter) included in the Charter as part of Measure C. LATE COMMUNICATIONS: 1. Letter dated 11/24/09 from Karen Jackie on behalf of HB Tomorrow 2. Letter dated 12/01/09 from Connie Boardman 3. Remarks from Kim Kramer 4. Remarks from Robert Dingwall ATTACHMENT #2 DATE: October 20, 2009 TO: Huntington Beach Charter Review Commissioners FROM: RaphaelSonenshein, Consultant RE: Elected City Attorney, Elected City Clerk, Elected Treasurer For Meeting of October 20, 2009 The Huntington Beach city charter provides for an elected city council, a mayor appointed by the city council, and elected City Attorney, City Clerk, and Treasurer. While urban reformers have spent much time on mayors and councils, much less attention has been given to the other three offices. Reformers generally prefer to limit the number of elected offices to mayor and council in order to maintain management authority and to simplify electoral accountability. But the public has a long tradition of holding its own views on this issue, and these elected offices have remained popular. Among California's 480 incorporated cities, elected mayors, clerks, and treasurers far outnumber elected attorneys. But elected attorneys are popular in the largest cities(the Big 8)and relatively popular in the Upper Middle. Because elected clerks and treasurers are not prevalent in the largest cities, and elected attorneys are, the average Californian is just as likely to have an elected city attorney as an elected clerk or treasurer. Big 8 8 Upper Middle 27 The Rest 437 Total Elected Clerks 0 9 33% 138 31.6% 147 Elected Treasurers 1 12.5% 9 33% 164 37.5% 174 Elected Attorneys 5 62.5% 3 11% 3 0.1% 11 Elected Mayors 8 100% 20 74% 119 27.2% 147 What are the arguments for electing these officials? The ability of the public to hold the city council and mayor accountable by an independently elected public official is the main argument for electing these officials. A city may adopt the elected city attorney model, for example, if there is a perception that the council has relied on the appointed city attorney to make improper decisions. This was one of the main ballot arguments in favor of the successful ballot measure to create an elected city attorney in Chula Vista in November 2008. An elected city clerk, it is argued,will be more accessible and responsive than one appointed by the council or by the city manager. In this view, the council may try to influence election administration on behalf of the political interests of its own members unless there is an independently elected clerk to run elections. The treasurer, it is argued, should be an elected position so that city investments can be protected from political interference. In this view, an independent treasurer can make more thoughtful investment and other financial decisions in a more transparent and accountable manner than a person appointed by the city council or the city manager. The arguments for electing these offices come down to whether the voters trust the city council to make decisions regarding legal proceedings, public records and elections, and finance and investment. With the clerk and treasurer, there is a secondary issue of the city manager, if the manager appoints them. While charter reformers prefer to concentrate electoral accountability in the council and mayor, the voters are not always so confident. There is a particular reason that the biggest cities elect the city attorney. In these cities, the mayor- council system,with a separation of powers between the executive and legislative branches, is widely used. If the city attorney is appointed by either the mayor or the council, then that branch has an advantage in the balance of power. In a large, mayor-council city,an elected city attorney may serve as the arbiter of the city charter when there is a dispute between mayor and council. A city is more likely to adopt elected positions for these three offices if there has been some scandal at city hall. If,for example, a city council has abused legal process, hid public records, or engaged in financial shenanigans, the voters may impose elected posts. Conversely, a city that has elected officers in these positions is more likely to move to appointed posts only if the current incumbents are vacating the office, if the current incumbents favor making the offices appointive, or if current officeholders have been guilty of malfeasance in office. Where the incumbent officeholders are popular and opposed to a change, an alteration is unlikely to win voter approval. What are the arguments for appointing these officials? Those who prefer that one or more of these positions be appointed emphasize the professional management of the city government. If the clerk and treasurer are elected,for example, the city manager/administrator may not be able to incorporate them into the departmental structure of the government. Ambiguity may occur when the manager/administrator issues instructions to an elected official or to his or her staff. With the treasurer, the relationship to an appointed finance director may be confusing. This issue is different with the city attorney because generally when that position is appointed, the selection is made by the city council, not by the manager/administrator. The council normally is in full control of litigation, and the city attorney is the city's lawyer and advocate. The manager/administrator cannot expect to manage the city attorney even when that position is appointed, since the city attorney has the city and the city council as her or his clients. A second argument against electing these positions is that the pool of candidates is limited to those who are eligible to run for office and who are willing to campaign. The city is therefore prevented from conducting a wider professional search for the best qualified candidates from within and from outside the city's borders. In addition, the requirements for an elected office are necessarily scanty, and an appointed process allows the evolution of more advanced professional standards. Finally, elections are expensive compared to appointments. What is the choice? In deciding whether to elect or appoint any of these positions, the voters are making a choice between the opportunity to maximize professionalism and management consistency on the one hand, and the chance to maximize public accountability and a sense of voter"ownership"of the office on the other. If the voters elect these offices, there is a limit to how many professional requirements can and should be placed on the position. Otherwise professional criteria would eliminate worthy candidates whom the public might wish to place in office. In practice, this means that the professional requirements for elected positions are relatively limited and can only be changed by the voters through charter reform. The professional qualifications of an appointee are much more extensive and can be altered without going to the voters. To show you how this works, I have placed in the appendix the qualifications for the Huntington Beach clerk, treasurer, and city attorney. In the next column, I have placed the requirements for their top assistants. I added the finance director because of the relevance of this office to the treasurer. Then I examined the City of Pasadena's listing of the professional requirements for the posts of clerk, treasurer, and city attorney, all of which are appointed. The requirements for the appointed positions are more detailed and daunting than those for the elected positions. The requirements for elected officials are, by necessity, less strict. Simply looking at educational and managerial requirements for each position, the differences are clear. A further comparison of duties suggests the same dynamic. One might argue that Huntington Beach ought to make the elected officials meet tougher professional requirements. It has been decades since these requirements have been revisited, and the second chart below shows that some cities with these elected positions have different professional requirements. But as noted above, this approach can go too far, and take away the voters'choice. The balance between electoral viability and professionalism must be carefully weighed. How Huntington Beach professional requirements for city attorney, clerk and treasurer compare to highest professional positions below the elected officials in Huntington Beach, and appointed officials in other cities City Clerk HB (elected) Assistant City Clerk HB City Clerk Pasadena (appointed) Three (3) years of relevant work experience Education: Graduation from high school or Any combination of education and/or which demonstrates record management skills equivalent. College coursework towards an experience that has provided the knowledge, and practice of administrative procedures. Associate of Arts or Bachelor of Arts degree skills, and abilities necessary for acceptable job may be substituted for experience on a year- performance. Example combinations include: for-year basis up to two years. Bachelor's degree in Public or Business Administration and five years of experience, Experience: Five (5)years experience in a including three years at a supervisory level. City Clerk's Office or similar type experience, such as; five (5)years increasingly responsible Knowledge, Skills and Abilities administrative experience with two(2)years of records management experience, familiarity Extensive knowledge of principles and with local government procedures, and practices of administrative management, significant contact with City officials and the including records management and systems general public. Some lead supervisory analysis and implementation; applicable experience is desirable. At least 2 years of the ordinances and codes pertaining to records administrative experience in a lead capacity management, the conduct of municipal supervising the work of others. elections, appeals to the City Council and the Brown Act; goal setting, program and budget development, work planning and organization; effective employee supervision, including selection, training, work evaluation and discipline; contract administration and evaluation; business computer user applications including input/output concepts and information retrieval; equal employment/affirmative action guidelines and olicies. City Attorney HB(elected) Assistant City Attorney HB City Attorney Pasadena City Attorney Redondo Beach (appointed) (appointed) Education: An attorney at law, duly Education: Graduation from a law Any combination of education No person shall be eligible for the licensed as such under the laws of school accredited by the American and/or experience that has office of City Attorney unless he the State of California. Bar Association with a Juris provided the knowledge, skills, and shall have been admitted to Doctorate degree. abilities necessary for acceptable practice as an attorney at law Experience: Shall have been job performance. Example before the Supreme Court of the engaged in the practice of law in this Experience: Five years of combinations include: Juris Doctor State of California, and shall have State for at least three (3) years prior increasingly responsible degree and six years of experience been engaged in the active to his/her election or appointment. experience in city or related in the practice of law including four practice of law in the State of government law, including trial years in California municipal law California for at least five (5) experience, and two years of and two years of experience in a years preceding his appointment administrative or supervisory supervisory or managerial or election, responsibility. capacity. Treasurer HB Deputy City Treasurer HB Finance Director HB City Treasurer Pasadena elected a ointed Knowledge of: Requires extensive Education/Credential: Bachelor's Education: Equivalent to a Master's Any combination of education knowledge of money markets. Must degree in accounting, finance, degree from a college or university and/or experience that has be knowledgeable of legal limitations business, public administration or a with a major in accounting, provided the knowledge, skills, regarding investment of public funds. closely related field. A Master's business or public administration and abilities necessary for Education/Experience: The minimum degree is preferred. A Certified including courses in advanced acceptable job performance. qualifications for the position of City Public Accountant credential is accounting, auditing, cost Example combinations include: Treasurer shall be a combination of highly.preferred. accounting, and business law. Graduation from a recognized education and experience in an area college with specialization in related to fiscal management. Experience: Five years Experience: Six(6)years of finance, financial accounting, increasingly responsible responsible financial experience economics or related field and Special Requirement: Requires that administrative and supervisory including at least four(4)years as five years of increasingly the incumbent in this position can be experience in accounting, finance a supervisor. responsible experience bonded. or auditing. Emphasis in cash performing fiscal management management, investment License and Certification: Due to work. Experience has shown that management and accounts the performance of field duties that individuals with a Master's degree receivable and a strong may require the operation of a in one of aforementioned or background in accounting, with an motor vehicle, a Valid California similar disciplines are most emphasis in internal controls are Driver's License and an acceptable successful in this position. preferred. Experience in or with a driving record may be required. A public agency is also desirable. valid Certified Public Accountant credential is required. License and Certification: Must be able to be bonded. How Huntington Beach requirements for elected attorney, clerk and treasurer compare to some other cities that also elect these positions City Clerk HB elected City Clerk Oceanside elected Three (3) years of relevant work experience which demonstrates record Knowledge of State election laws and procedures. Principles and management skills and practice of administrative procedures practices of supervision. Records administration and maintenance. Ability to train and supervise staff members. Communicate effectively, both verbally and in writing, with the public, staff and elected officials in the administration of complex, detailed laws and regulations. Five years of increasingly responsible experience as an office manager or aide to an elected or appointed board. A Bachelor's degree in public administration or a closely related field. A current, valid, California driver's license; certification as a Municipal Clerk or participant in continuing education for public officials program leading to certification is hi hl desirable. City Attorney HB City Attorney Long Beach City Attorney Oakland City Attorney (elected) (elected) (elected) Los Angeles elected Education: An attorney at law, duly The City Attorney shall be No person shall be eligible for or The City Attorney must be licensed as such under the laws of elected by the qualified electors continue to hold the Office of City qualified to practice in all the the State of California. of the City, and shall hold office Attorney, either by election or courts of the state, and must for four(4) years, and until his appointment, unless he or she is a have been so qualified for at Experience: Shall have been engaged successor shall have been citizen of the United States, a qualified least five years immediately in the practice of law in this State for elected and qualified. He must elector and resident for at least 30 days preceding his or her election. at least three (3)years prior to his/her be qualified to practice in all the of the City or a territory lawfully annexed election or appointment. courts of the State of California, or consolidated, licensed to practice law and must have been so in all courts of the State of California and qualified for at least five (5) so licensed for at least ten years years immediately preceding preceding his or her election. the first day upon which candidates for the office of the City Attorney are permitted to file nominating petitions for such office with the City Clerk. Treasurer HB Treasurer Oceanside elected (elected) Knowledge of: Requires extensive knowledge of money markets. Knowledge of the principles and methods of public finance administration. Must be knowledgeable of legal limitations regarding investment of Principles of supervision and management, computer software applications., public funds. accounting and auditing principles and practices, state and federal law Education/Experience: The minimum qualifications for the position of affecting fiscal operations, reporting and resource management and the City Treasurer shall be a combination of education and experience in principles and practices of internal and operations auditing. Ability to plan, an area related to fiscal management. organize, direct and coordinate the fiscal and accounting operations of the City, properly interpret and make complex financial decisions in accordance Special Requirement: Requires that the incumbent in this position can with appropriate laws, regulations and policies,develop, implement and be bonded. administer programs that maximize revenue and reimbursement from all sources and administer automated data gathering, processing and reporting systems,analyze complex financial problems, procedures and fiscal controls, prepare, review and interpret complex financial reports, summaries and data, read, interpret and apply complex laws, rules and regulations,communicate effectively, both verbally and in writing. The ability to plan, organize, direct and evaluate the work of others, establish and maintain effective working relationships, and provide excellent customer service. A minimum of five years of increasingly responsible public agency financial management and supervisory experience. A Bachelor's degree in finance, public administration, business administration or a closely related field. A Master's degree and/or CPA are highly desirable. Options for Commission Consideration: 1. Maintain the system in its current form. 2. Keep the offices elected, but specify the professional requirements for the position. This must be done carefully to not dictate to the voters whom they can choose. 3. Make one or more of the offices appointed, with the decision to be made whether the appointment should be by the council or by the manager/administrator. 4. Consider making one or more of the offices part time, to provide policy direction but to have administration done by the professional staff 5. In the case of the treasurer, the duties can be clarified to highlight the investment management role. 6. The lines of day-to-day accountability between the elected clerk and treasurer and the manager/administrator can be clarified (and could be considered during the later discussion of the city management structure). Appendix: Comparisons of Job Descriptions for elected and appointed officials in Huntington Beach and appointed officials in Pasadena Sources: Huntington Beach and Pasadena Human Resources Department websites Prepared for the City of Huntington Beach Charter Reform Commission by Raphael J. Sonenshein, Consultant, for October 20, 2009 Commission Meeting Part A. City Clerk (elected, Huntington Beach);Assistant City Clerk(Huntington Beach); City Clerk (appointed, Pasadena) Elected City Clerk: Huntington Beach Class Title: CITY CLERK DUTIES SUMMARY The City Clerk is responsible for recording and maintaining a full and true record of all proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose. Conducts annexations and city elections.Administers oaths and takes affidavits and depositions pertaining to the affairs and business of the City. DISTINGUISHING CHARACTERISTICS Examples of Essential Duties: Prepares minutes for each City Council meeting and certifies to their authenticity and correctness. Maintain separate books, in which shall be recorded respective all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a corrected copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with the Charter. Maintain separate records of all properly indexed and open to public inspection when not in actual use.Acts as custodian of the City Seal. Administers oaths or affirmations, takes affidavits and depositions pertaining to the affairs and business of the city and certifies copies of official records. Acts as ex officio assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of 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. Conducts all city elections which includes providing for polling places and advising candidates of the requirements of State election laws. Interprets City Council and administrative policies and procedures to the public and city employees. Performs other duties consistent with the City Charter as may be required by ordinance or resolution of the City Council. Performs other related duties. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Experience: Three(3)years of relevant work experience which demonstrates record management skills and practice of administrative procedures. License: Valid California Driver License. Physical Task& Environmental Conditions: Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Licenses &Certifications: Valid California Driver License. Assistant City Clerk(Huntington Beach) Class Title: ASSISTANT CITY CLERK DUTIES SUMMARY. The primary reason for this classification is to plan,organize, and supervise the daily office operations of the City Clerk's Department, under the direction of the City Clerk. Performs highly responsible and complex administrative support to the City Clerk, including preparation of City Council meeting minutes and maintenance of official city documents, records, ordinances, resolutions, contracts, agreements and franchises.Supervises the City Clerk's records management system and codification of city ordinances. Supervises department personnel. DISTINGUISHING CHARACTERISTICS The Assistant City Clerk classification is distinguished from the Senior Deputy City Clerk classification in that the Assistant City Clerk is an administrative level, coordinating and supervising daily office operations of the department and department personnel.The Assistant City Clerk acts for the City Clerk in his/her absence and prepares minutes of City Council meetings as required. Examples of Essential Duties: Plans, organizes, directs and participates in the work involved in maintaining official City documents and records, including; agendas, minutes, ordinances, resolutions, contracts, agreements,deeds and other legal documents and official records of the City.Council, Redevelopment Agency and subsidiary authorities; supervises distribution of the City Council agenda and packet; supervises the preparation, posting and distribution of notices of public meetings and hearings; participates in the development, implementation and monitoring of goals, objectives and policies for the City Clerk's Office; supervises, trains, evaluates, and develops employees as assigned; assists in the development and administration of the City Clerk's budget; conducts research, reports findings and makes recommendations; ensures compliance with government codes for a comprehensive records management program for the City Clerk's Office, including maintenance, protection, retention and disposition of records;assists in the administration of City elections; administers the filing of Campaign Disclosure Statements and Statements of Economic Interests forms as required by the Fair Political Practices Commission (FPPC); serves as acting City Clerk in the City Clerk's absence and signs official documents as needed; may act as a Notary Public; and performs related duties as required. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying.A typical combination includes: Knowledge of: Principles and practices of City Clerk's Office program development and administration; principles of municipal budget preparation and control; principles of supervision,training and performance evaluation; pertinent Federal, State and local laws, codes and regulations, including State law regarding Public Records Act, Brown Act, Political Reform Act, the Government Code and Election Code, and the City Code; local, State and Federal laws relating to records retention; computerized records storage and retrieval; imaging technology; English usage, spelling, grammar and punctuation; business letter writing and basic report preparation; municipal government structure and processes; effective public contact and public relations techniques and practices; analysis and research methods and techniques. Ability to: Plan, organize and supervise daily office operations; explain and work in accordance with a wide variety of laws, codes and ordinances; enforce municipal and election laws and procedures; prepare accurate minutes of multi-participant meetings; operate computer equipment, including word processing, database and other types of software; assist the public, City officials, City staff and others in researching or obtaining City information; plan, organize and supervise the maintenance of an effective record keeping,filing and imaging system; communicate effectively both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work; use independent judgment and initiative; learn complex and technical information; handle multiple deadlines and multiple projects; occasionally attend evening meetings and transcribe City Council meeting minutes. Education: Graduation from high school or equivalent. College coursework towards an Associate of Arts or Bachelor of Arts degree may be substituted for experience on a year-for-year basis up to two years. Experience: Five(5)years experience in a City Clerk's Office or similar type experience,.such as;five (5)years increasingly responsible administrative experience with two(2)years of records management experience,familiarity with local government procedures, and significant contact with City officials and the general public. Some lead supervisory experience is desirable. At least 2 years of the administrative experience in a lead capacity supervising the work of others. Certification and License: • Based on operational need, a Notary Public certification may be required. • Certification as a Municipal Clerk(CIVIC)highly desirable. Physical Task & Environmental Conditions: Work is performed in an office environment and requires the ability to exert a small amount of physical effort in sedentary to light work involving moving from one area of the office to another; requires the ability to sit, reach,twist, lean and lift files and reports from desk tops or file drawers; requires sufficient hand/eye coordination to perform semi-skilled repetitive movements, such as use of a personal computer or other office equipment or supplies; communicate effectively both orally and in writing; must be able to work well under pressure within certain time frames; and must be able to work beyond a regular scheduled workday when required. Licenses&Certifications: Based on operational need, a Notary Public certification may be required. Certification as a Municipal Clerk(CIVIC)highly desirable. City Clerk(Pasadena, appointed) Des�r�fion Under policy direction, plans, organizes, coordinates and directs the operations of the City Clerk's department including the preparation and maintenance of official City documents and records; serves as Clerk of the Council; administers municipal elections; provides policy guidance and expert professional assistance to City departments in areas of responsibility; performs related work as assigned_ CLASS CHARACTERISTICS: This single position class is a City Council appointee who serves at the pleasure of the Council. The incumbent manages the overall policy development, program planning, fiscal management, administration and operations of the City Clerk's department. The incumbent manages programs and services including municipal elections, the administration and enforcement of state and federal laws regarding election and campaign financing disclosure, preparation of City Council minutes, maintenance and indexing of official City records, and a city-wide records management program; performs legislative analysis and enforces laws pertaining to elections, public records and conflict of interest. Many of the City Clerk functions and activities are prescribed by the City Charter,ordinances, and laws of the State of California. Essential Functions: These functions may not be present in all positions of this class. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Plans, organizes, coordinates and directs the work of the City Clerk department; develops and directs the implementation of goals, objectives, policies, procedures and work standards for the department; prepares and administers the department's budget. Works closely with the City Manager, City Council, City departments, other public and private entities and citizen groups, providing department information and services; analyzes and enforces a wide variety of laws pertaining to public records, municipal election, campaign financing and conflict of interest; advises the City Manager and City Council regarding the constraints of local and state legislation. Attends all meetings of the City Council, Community Development Commission, Housing Authority, Parking Authority, and Surplus Property; publishes official notices, ordinances and contracts; ensures the preparation and authenticity of agendas and minutes, ordinances, resolutions, contracts, deeds, bonds, correspondence and reports. Plans, organizes and directs the conduct of municipal elections and voter registration; ensures the legality of the proceedings in accordance with the City Charter, State Election Code and campaign financing laws; tabulates and certifies the election results; receives and processes initiative petitions; manages the City-wide conflict of interest and campaign financing programs. Monitors and processes all appointments, resignations, and terminations for all official boards/commissions/committees; administers oaths and affirmations; attests to proper execution of all public documents, including conveyances, contracts and agreements. Plans, organizes, assigns, directs, evaluates and reviews the work of assigned staff and makes final decisions on difficult questions of regulation interpretation; selects or directs the selection of assigned personnel and provides for their training and professional development. Maintains official custody of the City of Pasadena seal and shares signatory power for City contract administration; prepares a variety of reports and memoranda for submission to the City Manager, City Council and other agencies. Plans,develops and implements a City-wide records management program for the systematic retention, transfer, retirement or disposal of records in all City departments; establishes and maintains the records management procedural manual and provides on-going training of City personnel in records management. Confers with and provides professional assistance to members of City departments in areas of responsibility; conducts a variety of workshops regarding departmental and City-wide procedures; represents the City in meetings with representatives of governmental agencies, business, professional and community agencies and the public. Monitors and maintains current knowledge of developments related to City Clerk matters; evaluates their impact upon City operations and recommends and implements policy and procedural improvements. Maintains, indexes and files all City records, prepares certified copies of City documents for elected officials, staff and the public as required. Education and/or Experience: Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for acceptable job performance. Example combinations include: Bachelor's degree in Public or Business Administration and five years of experience, including three years at a supervisory level. Knowledge, Skills and Abilities: Extensive knowledge of principles and practices of administrative management, including records management and systems analysis and implementation; applicable ordinances and codes pertaining to records management, the conduct of municipal elections, appeals to the City Council and the Brown Act; goal setting, program and budget development,work planning and organization; effective employee supervision, including selection, training,work evaluation and discipline; contract administration and evaluation; business computer user applications including input/output concepts and information retrieval; equal employment/affirmative action guidelines and policies. Ability to plan, organize, assign, direct, review, and evaluate staff; select, motivate and provide for staff training and development; analyze and interpret complex legal documents,contracts, administrative procedures and regulations; develop and implement goals, objectives, policies, procedures,work standards and internal controls; plan and conduct training sessions; analyze complex administrative problems, evaluating alternatives, and make creative recommendations; plan, organize and coordinate effective municipal elections; exercise sound, independent judgment within general policy guidelines; represent the department effectively in meetings, including making presentations; establish and maintain cooperative working relations with a variety of citizens, public and private organizations and businesses, commissions/committees, City Council and City staff; communicate effectively, both orally and in writing; meet the physical requirements established by the City. Class Data: Part B City Attorneys City attorney(elected) Huntington Beach;Assistant City Attorney(Huntington Beach); City Attorney(appointed) Pasadena City Attorney(elected), Huntington Beach Class Title: CITY ATTORNEY Description DUTIES SUMMARY The City Attorney plans, directs, coordinates and administers the activities of the City Attorney's Department. The City Attorney is the city's legal officer and advises the City Council and all city officers on legal matters. DISTINGUISHING CHARACTERISTICS This is an elected department head who administers the city's legal functions, supervises the professional staff of attorneys and support staff. Examples of Essential Duties: To represent and advise the City Council and all city officers in all matters of law pertaining to their offices.Attends all regular meetings of the City Council, consults and gives legal advice or opinion orally or in writing when requested by the City Council, commissions, boards and officers of the city. Prosecutes on behalf of the people any or all criminal cases arising from violation of the provisions of the City Charter or city ordinances and such state misdemeanors as the city has power to prosecute unless otherwise provided by the City Council.Appears in trial and appellate courts, administrative boards and agencies, and in actions or proceedings in which the city is concerned or is a party. Directs legal research and submits written legal opinions to the City Council, elected officials, the City Administrator, department heads and city boards, commissions and local government agencies. Prepares any and all proposed ordinances and City Council resolutions and amendments thereto. Drafts proposed legislation,ordinances, resolutions, amendments thereto, and proceedings for issuance of general obligation and revenue bonds. Drafts contracts,joint powers agreements and other legal documents. Drafts pleadings and responsive pleadings in the commencement and prosecution of civil litigation in all trial and appellate courts. Represents and appears for the city in any or all actions or proceedings in which the city is concerned or is a party, and represents and appears for any city officer or employee, or former city officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. Reviews for legality the sale or purchase of property. Approves the form of all contracts, bonds and insurance in which the city or any of its officers or employees are concerned, endorsing his approval thereon in writing. Performs such legal functions and duties incident to the execution of the foregoing duties as may be necessary. Performs other such legal duties consistent with the City Charter as may be required of him/her by the City Council. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification.The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Education:An attorney at law, duly licensed as such under the laws of the State of California. Experience: Shall have been engaged in the practice of law in this State for at least three(3)years prior to his/her election or appointment.' License: ® Active membership in the State Bar of California. Valid California Driver License. Physical Task&Environmental Conditions: Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Licenses &Certifications: Active membership in the State Bar of California. Valid California Driver License Assistant City Attorney(Huntington Beach) Class Title: ASSISTANT CITY ATTORNEY DUTIES SUMMARY Directs, manages, supervises, and coordinates the programs and activities of an assigned division within the City Attorney's Office; assists the City Attorney in providing legal advice and representation to City government, its officials, and employees; represents the City in litigation both as a plaintiff and defendant in civil litigation; drafts various contracts, ordinances, and resolutions; and provides responsible and complex administrative support to the City Attorney. Examples of Essential Duties: Assumes management responsibility for all services and activities for an assigned division within the City Attorney's Office; participates in the development and implementation of goals, objectives, policies, and priorities for assigned activities; recommends and administers policies and procedures; evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; implements improvements; selects, trains, motivates, and evaluates assigned legal personnel; provides or coordinates staff training;works with employees to correct deficiencies; implements discipline and termination procedures; plans, directs, coordinates, and reviews the work plan for the assigned division; meets with staff to identify and resolve problems; assigns work activities, projects, and programs; monitors work flow; reviews and evaluates work products, methods, and procedures; participates in selecting outside counsel to represent the City; supervises outside counsel; performs a full range of transactional duties; researches, drafts, reviews, and negotiates leases, contracts, and agreements; drafts, reviews, evaluates, revises, and recommends City ordinances, policies and procedures; explains City policies and issues to employees, elected officials, and the general public; performs legal research and provides legal opinions to departments, boards, commissions, agencies and established committees; attends meetings with City staff and/or members of the public on behalf of the City and provides legal advice during the meetings; attends meetings of public bodies and serves as legal advisor and provides legal advice during meetings of public bodies; performs the full range of litigation work; handles all aspects of assigned cases/claims including investigation, pleading preparation, discovery, law and motion, court appearances, settlement negotiations, legal research, witness preparation, and trials; participates in the development and administration of the division budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring and approval of expenditures; directs and implements adjustments as necessary; serves as liaison for the assigned division with other City departments, divisions, and outside agencies; negotiates and resolves significant and controversial issues; provides responsible staff assistance to the City Attorney; prepares and presents staff reports and other necessary correspondence; attends and participates in professional groups and committees; responds to citizen inquiries regarding all types of legal issues including those concerning City business; performs related duties and responsibilities as required. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying.A typical combination includes: Knowledge of: Legal principles, practices, and procedures of civil, criminal, constitutional, and administrative law; duties, powers, and limitations of a city government;judicial procedures and rules of evidence; methods and techniques of legal research; legal precedents and court decisions affecting local government; statutes and codes applicable to civil proceedings; principles of municipal budget preparation and administration; principles of supervision, training, and performance evaluation; pertinent Federal, State, and local laws, codes, and regulations. Ability to: Provide administrative and professional leadership and direction for the assigned division; prepare and administer large and complex budgets; select, supervise, train, and evaluate staff; prepare clear and concise administrative and financial reports; analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals; give sound legal advice and counsel; research,analyze and apply legal principles,facts, evidence and precedents to legal problems; draft legal documents such as ordinances, resolutions and contracts; effectively represent City laws and policies with citizens, organizations, and other government agencies; present statements of law,fact, and argument clearly and logically; prepare and present difficult cases in court; conduct research on complex legal problems and prepare sound legal opinions; communicate concisely and clearly both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work. Education: Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree. Experience: Five years of increasingly responsible experience in city or related government law, including trial experience, and two years of administrative or supervisory responsibility. License: • Active membership in the State Bar of California. • Possession of a valid California driver's license. Physical Task&Environmental Conditions: See Physical task questionnaires. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Licenses &Certifications: Active membership in the State Bar of California. Possession of a valid California driver's license. City Attorney(appointed), Pasadena Class Title: City Attorney/City Prosecutor Description Under policy direction, directs and administers the operations of the City Attorney's Department; acts as the legal representative for all elected and appointed officials and City departments; performs related work as assigned. CLASS CHARACTERISTICS.- This single position class is appointed by and serves at the pleasure of the City Council. The City Attorney manages all City legal activities, including civil litigation,whether performed by in-house staff or outside counsel. The incumbent is responsible for personally handling sensitive and complex legal matters and rendering advice and opinions to the City Council, Boards and Commissions,the City Manager and others.The incumbent is accountable for accomplishing departmental goals and . objectives and for furthering the City goals and objectives within general policy guidelines Essential Functions: These functions may not be present in all positions of this class. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Provides legal counsel and services to City boards,commissions,the City Council and City departments, including pension systems and self-insured programs, regarding the legal implications of all City operations. Plans, organizes, administers, reviews and evaluates the activities of professional staff in managing the operation and legal services of the City Attorney's office; participates as a member of the City's executive team; assists the Council and staff to achieve their objectives, identifying and analyzing problems and developing alternative solutions and recommendations. Reviews the legal sufficiency of all documents in the City, including ordinances, resolutions, contracts and other legal documents as to form. Develops and directs the implementation of goals, objectives, policies, procedures, the budget and work standards for the department. Directs the selection, supervision and work evaluation of department personnel; provides for staff training and professional development; monitor and directs employee relations and grievance procedures. Monitors developments, including proposed legislation and court decisions related to municipal law and activities, and evaluates their impact upon City operations. Confers with and/or supervises a special counsel as needed. Attends City Council and Community Development Commission meetings. Qualification Guidelines: Education and/or Experience: Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for acceptable job performance. Example combinations include: Juris Doctor degree and six years of experience in the practice of law including four years in California municipal law and two years of experience in a supervisory or managerial capacity. Knowledge, Skills and Abilities Extensive knowledge of administrative principles and methods, including goal setting, program and budget development,work planning and organization; principles and procedures of civil law as it relates to municipal government; principles and methods of legal research investigations;judicial procedures and the rules of evidence; State and Federal laws and constitutional provisions affecting municipal operations; effective employee supervision, including selection, training, work evaluation and discipline; equal employment/affirmative action guidelines and policies. Ability to plan, organize, administer, review and evaluate professional and contract staff; select, train and motivate staff; develop, implement and interpret goals, objectives, policies, procedures, work standards and internal controls; analyze, appraise and organize facts, evidence and precedents concerning cases; make effective court and hearing presentations; analyze complex administrative problems, evaluating alternatives, and make creative recommendations; establish and maintain cooperative working relations with a variety of citizens, public and private organizations and businesses, commissions/committees, and City staff; communicate effectively, both orally and in writing. Special Requirements: Active membership in the California State Bar Association. Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. Part C. City Treasurers City Treasurer(elected) Huntington Beach; Deputy City Treasurer, Huntington Beach; Director of Finance(Huntington Beach); Treasurer(appointed) Pasadena City Treasurer(Huntington Beach) Class Title: CITY TREASURER Description DUTIES SUMMARY/DISTINGUISHING CHARACTERISTICS Responsible for the receipt, custody and investment of all public funds under the control of the city. Examples of Essential Duties: Receives on behalf of the city all taxes, assessments, license fees and other revenue from whatever source, and all monies collected for the use of the city or coming into the hands of any officer of the city. The Treasurer is responsible for the safekeeping of funds in his custody and shall enter into any contract with a depository, which in his judgment is to the public advantage. Pays out monies only upon proper orders or warrants in the manner provided for in the charter. Prepares and submits 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. The Treasurer, by City Council authority, shall assume full responsibility for the investment of surplus money in the treasury and shall make a monthly report of such transaction to the legislative body. The law imposes upon the Treasurer the obligation to maintain all special assessment records and to receive and disburse all funds as trustee for the bondholders. Responsible for the appropriate distribution of all payroll and warrant checks. Requires extensive analysis of future cash requirements and forecasting investments to meet these requirements.Analyzes and evaluates appropriate investment ventures for city funds, consistent with applicable law. Provides detailed reports on the status of investments. Performs economic research and studies rates of return,working capital and investments as well as other related duties as assigned. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification.The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: Requires extensive knowledge of money markets. Must be knowledgeable of legal limitations regarding investment of public funds. Education/Experience:The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area related to fiscal management. Special Requirement: Requires that the incumbent in this position can be bonded. License: Valid California Driver License Physical Task & Environmental Conditions: Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. Licenses &Certifications: Valid California Driver License. Deputy City Treasurer, Huntington Beach Class Title: DEPUTY CITY TREASURER De cn ticri DUTIES SUMMARY: The fundamental reason for the existence of this classification is to supervise the daily receipt, deposit, collection, custody and investment of public funds under control of the City, as per authority of the City Charter and/or relevant State codes. DISTINGUISHING CHARACTERISTICS This position reports to the elected position of City Treasurer and is appointed as Deputy by the City Treasurer with approval of the City Council. This is an"at-will"(non-classified)position as per the City Charter. Examples of Essential Duties: Under direction of the City Treasurer, is responsible for the general supervision of the City's treasury activities and assisting in the overall administration of the department. This position is responsible for all cash management activities, investment activities, including bond reserves, all cashiering functions, all collection activities for all delinquent city receivables, supervises and participates in the administration of the City's banking, investment, and safekeeping programs; assists in the development and implementation of policies and procedures to insure collection and depositing of all City funds in a timely and accurate manner; supervises compliance with other City departments, divisions, and sections; coordinates treasury activities with outside agencies; prepares reports and correspondence; supervises, trains, and evaluates assigned staff; receives and evaluates customer complaints and disputes, recommends resolutions, and responds to customers accordingly; and ensures compliance with state and federal guidelines; may assist with the City Treasurer's Office operating budget; acts as alternate signatory of all cash disbursements of the City; acts on behalf of the City Treasurer in his/her absence; performs other related duties as required. The preceding duties have been provided as examples of the essential types of work performed within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge,. skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: Standard practices and procedures of accounting, including a strong understanding of internal controls, cash management and investments; legal limitations regarding investment of public funds; effective supervisory principles and practices; modern computer applications and related software applications. Ability to: Develop and implement policy and procedures; train, supervise and evaluate assigned staff; coordinate work schedules and projects; communicate effectively verbally and in writing; prepare clear and concise reports;work cooperatively with others; provide quality customer service. Education/Credential: Bachelor's degree in accounting,finance, business, public administration or a closely related field. A Master's degree is preferred.A Certified Public Accountant credential is highly preferred. Experience: Five years increasingly responsible administrative and supervisory experience in accounting, finance or auditing. Emphasis in cash management, investment management and accounts receivable and a strong background in accounting, with an emphasis in internal controls are preferred. Experience in or with a public agency is also desirable. License and Certification: Must be able to be bonded. Due to the performance of field duties that may require the operation of a motor vehicle, a valid California Driver's License and an acceptable driving record may be required. Physical Task& Environmental Conditions Work is primarily performed in an office environment and requires prolonged sitting, standing, walking, reaching, twisting, turning, bending, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination to operate a personal computer in order to prepare statistical reports and data.Additionally, the position requires near vision in reading correspondence and statistical data on the computer. Reasonable accommodation(s)for an individual with a qualified disability will be considered on a case-by-case basis. Licenses &Certifications: Must be able to be bonded. Due to the performance of field duties that may require the operation of a motor vehicle, a valid California Driver's License and an acceptable driving record may be required. Director of Finance, Huntington Beach Class Title: DIRECTOR OF FINANCE l �scri�tion DUTIES SUMMARY Under general direction of the City Administrator, performs responsible supervisory and administrative work in planning, organizing, coordinating and directing the financial and central . services activities of the City,which include accounting, budget and research, utility billing, accounts receivables, business tax management, central stores/warehouse, purchasing, reprographic and mail delivery services; coordinates assigned activities with other City departments and outside agencies; and provides highly responsible and complex administrative support to the City Administrator. DISTINGUISHING CHARACTERISTICS The Director of Finance receives general administrative direction from the City Administrator and exercises direct supervision over management, supervisory, professional, technical and clerical staff. This classification is designated as"at will."An "at will"designation excludes a position from the competitive service of the City and the City's Classification Plan.The position requires an advanced knowledge of municipal finance, budgeting and purchasing for the development and administration of programs designed to address primary areas of City service. The incumbent is expected to exercise independent judgment in establishing efficient and effective financial operations consistent with City Council policies and administrative guidelines established by the City Administrator. Examples of Essential Duties: Assists in directing the fiscal management of the City, including budget preparation and monitoring, revenue forecasting, general accounting,financial reporting, pre-auditing and internal controls, debt issuance and administration, capital financing,financial systems design, implementation and control; recommends and administers policies and procedures. Plans, directs and coordinates the administration of the City's finance, purchasing, utility billing, business licensing, reprographic and mail services; recommends policies and implements procedures to conduct activities; ensures that all activities are conducted in accordance with related laws, ordinances, rules and regulations; manages the development and implementation of the goals, objectives, policies and priorities for each assigned service area;establishes,within City policy, appropriate service and staffing levels; allocates resources accordingly. Assists in ensuring that the financial needs of the City are met; raises funds through creative financing, bond issues, certificates of participation and lease purchase financing; evaluates alternative financing methods for all major acquisitions; supervises and controls capital financing projects; assists in negotiating major financial transactions; directs and coordinates revenue collection, disbursement activities, purchasing, and inventory control functions. Advises department heads and the City Administrator in the review of estimates and proposed budget allocations for the City and the Redevelopment Agency; estimates anticipated revenues; conducts fiscal analyses and submits data and reports for use in evaluating operating department proposals; provides the City Administrator and department heads with timely and informative financial reports and statements; manages and participates in the development and administration of the Finance budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies. Determines,with the advice of the City Attorney when necessary, the regularity, legality, and correctness of claims, demands and charges; draws warrants upon the City Treasurer for all claims and demands that are approved; specifies the purpose for which drawn and the fund from which payment is made; supervises and is responsible for the proper accounting and record keeping of all revenues and expenditures; conducts studies or oversees the conduct of complex studies relating to the development of rates,fees and user charges; prepares and supervises the preparation of reports to the State Controller, County Auditor Controller and other Federal, State or County agencies; may serve on the City's negotiation team for labor contracts;calculates costs of proposals and various scenarios and may present information in sessions with the City Council; serves as the liaison to the Finance Board. Selects, trains, motivates and evaluates Finance personnel; provides or coordinates staff training; works with employees to correct performance deficiencies; implements discipline and termination procedures; plans, directs and coordinates work plans through subordinate level managers; meets with staff to identify and resolve problems; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; performs other related duties. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification.The City, at its discretion, may add, modify, change or rescind work assignments as needed. Typical Qualifications: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: Principles and practices of public administration, including budget preparation, purchasing, program analysis, and revenue forecasting; accounting principles, practices and methods; public revenue resources; principles of municipal debt financing; ordinances, resolutions and laws affecting municipal financial operations; methods and techniques of public administration research, analysis and report preparation; legislation related to public agency finance, including grant accounting and bond issuances;financial planning; research methods and techniques and methods of report presentation; principles of personnel administration, supervision and training; concepts of automated financial management information systems. Ability to: Plan, organize, direct and coordinate the work of management, supervisory, professional and technical personnel; delegate authority and responsibility; select, supervise,train and evaluate staff; provide administrative and professional leadership and direction for activities related to finance and central services; identify and respond to community and City Council issues, concerns and needs; develop, implement and administer goals, objectives and procedures for providing effective finance and purchasing services; prepare and administer large and complex budgets; allocate limited resources in a cost effective manner; analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals; research, analyze and evaluate new service delivery methods, procedures and techniques; prepare clear and concise reports; interpret and apply Federal, State and local policies, procedures, laws and regulations; interpret financial statements and cost accounting reports; administer contracts and ensure compliance with contract provisions; communicate clearly and concisely, both orally and in writing; establish effective working relationships with those contacted in the course of work; develop and utilize a data processing system for processing City records including general ledger, revenue and expenditure ledgers and other pertinent City records, data, information and statistics. Education: Equivalent to a Master's degree from a college or university with a major in accounting, business or public administration including courses in advanced accounting, auditing, cost accounting, and business law. Experience: Six(6)years of responsible financial experience including at least four(4)years as a supervisor. License and Certification: Due to the performance of field duties that may require the operation of a motor vehicle, a Valid California Driver's License and an acceptable driving record may be required. A valid Certified Public Accountant credential is required. Physical Task& Environmental Conditions: Work is primarily performed in an office environment and requires prolonged sitting, standing, walking, reaching,twisting, turning, bending, and stooping in the performance'of daily activities.The position also requires grasping, repetitive hand movement and fine coordination to operate a personal computer in order to prepare statistical reports and data. Additionally, the position requires near vision in reading correspondence and statistical data on the computer. Reasonable accommodation(s)for an individual with a qualified disability will be considered on a case-by-case basis. Licenses&Certifications: Due to the performance of field duties that may require the operation of a motor vehicle, a Valid California Driver's License and an acceptable driving record may be required. A valid Certified Public Accountant credential is required. City Treasurer, Pasadena (appointed) Class Title: City Treasurer C�escriptic�n Under general direction, supervises and manages the City's investment activities and serves as the custodian of public monies; reviews and participates in the issuance of bonds and other debt instruments for sound fiscal management and fiduciary compliance; functions as the principal contact for all City banking relationships; maintains and reconciles all City bank accounts; directs and implements administrative and fiscal procedures and policies; provides direction and leadership to financial staff and City management; performs related work as assigned. CLASS CHARACTERISTICS This single position class functions as a division manager and is accountable for the Treasury Operations. The incumbent requires specialized knowledge and technical expertise in the field of investments and securities transactions. Primary activities are to forecast short and long-term portfolio balances/debt requirements, maintain cash balances in order to meet disbursement requirements as they become due and payable, maximize revenue investments and participates in the issuance of bonds and other securities. Under direction, the incumbent exercises a high degree of freedom-to act and make-decisions of critical impact to the short and long-term financial goals and objectives of the City. The incumbent engages in extensive contact with financial advisors/consultants, bond and legal counsel, investment brokers and bankers. Essential Functions: Serves as the custodian for public monies and taxes received by the City; reconciles all City bank accounts to verify cash balances with the general ledger. Provides leadership and direction to focus area(s)of assigned responsibility; oversees the recruitment,selection, training, development and evaluation of professional and key line staff. Identifies the City's portfolio objectives, priorities and actions to be accomplished in consultation with the Director of Finance; manages the implementation and achievement of investment and revenue maintenance activities and objectives, including short and long-term planning and budgetary activities. Prepares City's annual investment policy and weekly, monthly, quarterly and annual reports on the City's investments as required by the California Government Code. Consults with.financial counsel/consultants on interest rate trends and changes in general economical conditions; determines market availability and make investments in accordance with established objectives and criteria. Participates in the issuance of bonds and other debt instruments in compliance with sound financial practices and applicable laws and regulations; recommends and coordinates the implementation of procedures and policies for regulatory and fiduciary compliance. Reviews financial statements, savings plans, and retirement actuarials; prepares or directs the preparation of actuarial funding reports; directs and/or prepares deficit funding plans,and annual credit and disposition reports. Directs, supervises and oversees the City deferred compensation program; reviews, negotiates and implements investment and maintenance activities and related undertakings. Qualification Guidelines: Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for acceptable job performance. Example combinations include: Graduation from a recognized college with specialization in finance, financial accounting, economics or related field and five years of increasingly responsible experience performing fiscal management work. Experience has shown that individuals with a Master's degree in one of aforementioned or similar disciplines are most successful in this position. Knowledge, Skills and Abilities Thorough knowledge of municipal finance with special emphasis on governmental securities and investment instruments; laws and regulations governing the handling of monies, bonds and municipal bond issuance; banking operations and of accounting procedures related to the management of cash and investments; principles and practices of effective supervision; equal employment/affirmative action guidelines and policies. Ability to analyze and evaluate complex and extensive financial data; communicate effectively, both orally and in writing; select and negotiate investments to maximize interest revenue; ensure proper maintenance of fiscal records and to prepare financial reports; select, supervise, and effectively train, counsel, and review subordinates; establish and maintain effective working relationships with lending institutions, investment houses, banks, professional colleagues, elected officials, council appointed commissions, assigned staff and the public . M�E'NT #3 HUNTINGTION BEACH CITY CHARTER Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. If no candidate who meets the qualifications for the office should file for the office of Citv Clerk Citv Treasurer, or Citv Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is available to run. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall (raduated from a law school accredited by.the American Bar Association bean attorney at law, duly licensed as such under the laws of the State of California, 4.i.;J-shall have been engaged in the practice of law in this State for at least�-e. five years prior to his election or appointment, and have at least 3 years administrative level experience coordinating and supervising the daily oaerations of an office,-The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d)Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his successor all books, papers, files, and documents pertaining to the City's affairs. Cooperate with and assist the cit mane er in administering-the affairs of the city most efficiently, economically, and harmoniously, consistent with their duties as prescribed by law the City Charter, and ordinances of the city.. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for Cit Clerk the person elected or a ointed shall a bachelors de ree in business ublic administration or a related field at least 3 ears administrative level ex erience coordinatin and su ervisin the dail o erations of an office and hold a certification as a Munici al Clerk or obtain such certification within the the first three vears, in office. The City Clerk shall have the power and shall be required to: (a)Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use. (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. (i) Cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically, and harmoniously, consistent with their duties as prescribed by law, the City Charter, and ordinances of the city. 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. t== -rW==44WX4-4� � �t=}�_�,- e,.> ie -wt f 1 € s y_ rq d..;:. 6ab.W rat sitls � titstt+ e q�'�'C; i--;._P...�,_P Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for Cif Treasurer the person elected or appointed shall have a bachelors de ree in accountina, finance business or a related field, and at least 3 vears administrative level experience coordinating and supervising the daily operations of an office The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all 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 d Coo crate with and assist the cit mane er in administerin the affairs of the ci most efficient) econorn Gaily. and harp oniousiy, consistent with their duties as prescribed by law, the City Charter and ordinances of the city. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. $ The ,,fE 'i i' ,.. ✓vE£l-",(,-at°.}RE-Y4 i. 'PI-1-_'i�J A'ierl aaf L.:.Ydf h"t... Seri-u-'�+Y'".&ha�i Y{ be x,X".Y.:�e+ri LJE2''e"atio'6Y""'L:8'�, r,A Uk ela "' e tG tisr:a >ai erwm#;, ia>te ram.z. r 4 TTA C � E' ' fCity of Huntington Beach 3 }Y 2 0 Mai Street � l ��� ti���; c�r� Beach, ��� 92648 y OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 24, 2009 Charter Review Commission c/o Pat Dapkus, Legislative Analyst 2000 Main Street Huntington Beach,CA 92648 Dear Commissioners. As you review qualifications for the office of the City Clerk, I would like to provide feedback. As I mentioned earlier,I serve as the President of the Southern California City Clerks association, and sit on the California City Clerks Association Board of Directors. I interact with hundreds of clerks over the course of a year. I am deeply involved in the education and professional standings discussions for the accreditation of the industry_ I feel this exposure to the varying levels that a city clerk can fulfill in an agency affords me a unique perspective. Unlike many in the state,the Huntington Beach City Clerk functions on the Department Head level and, as such, has oversight of a departmental budget, staff, and provides adherence to management and legislative policies and procedures. He/she also creates department direction, and is an Executive Team member who provides input on agency-wide issues when participating on,committees or in workshops. Currently,the Clerk is the only City management executive position,that does not:require advanced education or a college degree. As for the other two elected executives, per the Charter,the City Attorney must have a law degree, and the City Treasurer must have education and experience in an area relative to fiscal management. It is my opinion that it would be consistent to require at least a Bachelor's degree in a business-related field,with management experience,for the City Clerk. Sincerely, load Flynn,. CMC, M = Citty lerk Sister C itfes:Anjo Daps n Waitakere, Nery Zealand (Telephone-_ :. . . . ..x .�a. . ... . ..x. . . . ., . _ 'Ali } »x �v. MEy TIQ » REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 12/15/2009 SUBMITTED TO: HI3 Charter Review Commission SUBMITTED BY: Mark D. Bixby, Charter Review Commissioner i Y� SUBJECT: Various amendments to charter section 612 (Measure C) Statement of Issue: Fixes to strengthen Measure C Recommended Action: Motion to: Amend Huntington Beach charter section 612 as follows: • Formally include all of the requirements of the July 11, 1994 city council minute action into the body of section 612. • Add new public vote trigger to the list in section 612(a) when entering into any form of agreement which results in reduced public recreational opportunities. Analysis: Incorporate City Council Minute Action of July 11, 1994 On July 11, 1994, the city council approved by a vote of 4-1-2 (ayes: Bauer, Moulton-Patterson, Winchell; Sullivan; noes: Silva; absent: Robitaille, Leipzig) the following minute action to clarify the intent of charter section 612 as noted immediately prior to the preamble of the current charter: "It is the intent of Charter Section 612, the Measure "C" amendment, that a vote of the people be the final approval of projects approved by the city for construction on park land or beaches. Therefore, all projects falling under the criteria of Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people. The - 1 - 12/8/2009 4:21 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 12/15/2009 cost for the ballot measure shall be borne by the applicant for the project. If the project requires a lease or other financial consideration, the terms and conditions of the lease and/or financial aspect of the project shall be included in the information provided for the Charter Section 612 vote." On July 3, 2006, when the city council approved placing the Central Park senior center on the ballot for a Measure C vote, the council also exempted the city from complying with the "must obtain all city approvals prior to being submitted to a vote of the people" clause of the minute action. This exemption (specifically from complying with CEQA) became one of the causes of action in the lawsuit of Parks Legal Defense Fund v. City of Huntington Beach. Although the judge dismissed this cause of action from the lawsuit due to the statute of limitations, the judge did rule that the city should have complied with CEQA prior to the Measure C vote. Thus because of this ruling, the city is already obligated to have completed CEQA approvals prior to future Measure C votes. I propose that the charter review commission go one step further and incorporate all of the July 11, 1994 minute action language into section 612. There were various other city approvals in addition to CEQA that occurred after the senior center Measure C vote, as well as revealing the Pacific City Quimby fee diversion that would be used to fund construction of the senior center. Only by incorporating the minute action language into section 612 would all approvals and financial disclosures be forced to occur before future Measure C votes so that the public will truly understand what they are being asked to vote on. Add Vote Trigger for Agreements that Reduce Public Recreation Section 612(a) forces a public vote whenever public utilities, parks, or beaches are "leased" (emphasis added) in whole or in part: "No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the -2- 12/8/2009 4:21 PM REQUEST FOR CHARTER REVIEW C®1VIMISSION ACTION MEETING DATE(S): 12/15/2009 electors voting on such proposition at a general or special election at which such proposition is submitted." This finite list of actions leaves a loophole whereby the city can evade a Measure C vote by labeling the action something other than a sale, lease, exchange, transfer or disposal. The city has exploited this loophole to lease portions of certain parks to wireless companies for cell phone towers by calling such agreements "site licenses". It is telling to note that the cell phone company documents for these agreements refer to them as "leases" and not "site licenses". Thus it is obvious that the city is playing semantic games to avoid the word "lease" to avoid Measure C votes. I propose to close this loophole by adding an additional vote trigger to section 612(a) —"...or any form of agreement which results in reduced public recreational opportunities...". It is not my intent to abrogate any existing agreements, or to prevent the renewal of such existing agreements. This will only apply to future agreements. Note that agreements that DO NOT reduce public recreational opportunities are exempt from this vote trigger. Thus, for example it would be permissible to add a cell antenna to an existing lighting pole or other structure (does not impact any recreational opportunities), but it would not be permissible to add a new cell tower in the middle of a grassy play area (reduces recreational opportunities) without a vote. Finally, note that this proposed additional language does not create any new exemptions to the section 612(b) size/cost vote trigger. Any construction or agreement that did not reduce public recreational opportunities would_still be subject to the size/cost trigger. -3 - 12/8/2009 4:2I PM AGENDA Tues ., Nov City Hall, Room 1. Roll Call: Jerry Bame, Ralph Bauer, Mark gjLbA, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Sharie Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside 11. Public Comments: An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted comments. _... .. ......... Ill. Approval of Minutes from the November 3 Commission meeting. IV. Presentation on the Council - CityManager/City Administrator Forms of Government— Raphe Sonenshein V. Discussion and possible action on Charter Sections as follows: • Section 200 — Council —Administrator Form of Government • Section 400 — City Administrator, Composition, Term, Eligibility, & Removal s Section 401 — City Administrator's Powers & Duties • Section 402 —Acting City Administrator (Possibly Change Assistant City Administrator to Deputy City Administrator. • Section 40 — Personnel - Describing the process for establishing other offices, officials, and employees of the city. • Section 307 — on-interference with Administration • Section 404— Retirement System VI_ Discussion Review of the Charter Commission Schedule to consider ® Adding Tues., Dec. 8 for discussion on the elected department heads including qualifications and duties and Adding Tues., [March 30 to allow additional time for review of final recommendations. I1. CommissionerRequests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Charter Agenda 1 of 33 Vill. Adjourn to the next regular meeting scheduled for Tuesday, Dec. 1 at 6 PM in the City Council Chamber. Attachments: * 1. Minutes from the Nov. 3 Meeting 2. City Administration dated Nov. 12, 2009 — Raphael Sonenshein 3. Matrix of Powers & Duties of City Managers in other Cities 4. Recommendations regarding changes to Section 307 & 401 of the City Charter from Commissioner Silver. 5. Letter from Paul Cook in support of changing the title of City Administrator to City Manager 6. Charter Commission Timeline Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Charter Agenda 2 of 33 Charter Agenda 3 of 33 i vw; =r;s " - .,f df � � ,Qy m3 r: �q/ R �js/�'�,' yam, ^• � ' ACTION MINUTES Tues., Nov 3, 2009, 6:00 PM City Hall, Room B-6 I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Hari Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Wes\ e u�0 (Commissioners Brenden Shaw and Kutscher arrived, rafter the calling of the roll. All present except Bauer and Silver) yy II. Public Comments: \�_._._-�._.m-_ A --------------- ---._.------- ------------- ......_ .............���, . _ _ _ - -----------F•- - An opportunity for the public to comment o item of interest, m general or Nm i specific to this agenda, that is within the ct matter or jurisdiction` a Commission. Comments will be limited to no more th inutes. S eakers are enu ed to submit i 7, their comments in writin . Each Commfis�� Member Mftsreceive a co the A i submitted comments. `;� Public Comments were receive ollows: �\& 1. Richard Hart requested t ��,ommissi0 4 � a sure that if the question . of directly electing the Ma \ert10 e voter �\ht it be done as a choice to directly elect or appoint t' Ma or N�� y�y 2. Joan Flynn s ok� a support` two�of� h emendations offered by COMM issiNAts$ Ix Ill. Approval utes fro October-0 Commission meeting. Motion by Co... inner a seconby Commissioner Sullivan to approve \\\ the minutes from c �„ asubmitted. Approved 13-0-2 IV. n a nd Campaign Finance— Raphe Sonenshein F, at Raph pens rovided background on Charters and Campaign F%nance — IVO ACTI I TAK \\\ \ � \\ \ V. Di sion and po able action on Article 7 of the City Charter relating to mzzam� \ Camf i Finance Commission, ���� � slced the Commission to consider amending the Charter to lower the numWf i natures required to place an initiative on the ballot. Following discussion, Commissioner Bixby made a motion to amend Section 703 of the Charter to change the threshold for initiatives, referendums, and recalls by using the number of ballots cast in the last presidential election rather than the number of registered voters. The motion was seconded by Commissioner Shaw. * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Following further discussion Commissioner Bixby amended his motion with approval of the second to: Amend the Charter to lower the signature threshold for initiatives by Charter. The motion failed 5-8-2 (Shaw, Sullivan, Brenden, Dettloff& Bixby - AYES) A new motion was made by Commissioner Bixby, seconded by Commissioner Sneddon to lower the threshold of signatures required for an initiative by amending the Charter to allow a lower threshold to be set by Ordinance. ,0 The motion was amended by the author with approvalyy fi` second to approve the gpr concept that the signature threshold for placing an i five on the ballot should be lowered and to direct staff to return with optional la ag , accomplishing this. The motion was approved 12-1-2 (Stuart NO) Commissioner Stuart made a motion, second d"by Commissione�eddon to NOWconsider a Charter amendment that wouldia1ow the Council by ordina ehave staff bring back recommended language to b� either lokAnd or raise tysignature �o\, \o\.; threshold for initiatives referendums, and r \\Is\\T�, otion failed was approved \�� l� rt AYE) 1" \ Commissioner Bixby made a m dd to the t Charter limitations on campaign contributions. The mon onde ommissioner Shaw. The motion failed 0-12-3 (Brenden abst�a6ed) \\\ \\\: ,� "gel\\����0 , ` Commissioner Bix& motion fay a cap°ofa1 000 on the cumulative \\\ _ , \�� , amount of aeons contr tions a1V andidate could accept. Beyond the cap the would h y be return The moion was seconded by Commissioner \\ Shaw. After mucdiscussi the motioiled 1-11-3 (Shaw abstained) \ \\\\\\\\\ ` �\ \\\\ \\ \ \\ \\ \ ,\ Come g ger o \Bexb \\\\\ a motioh a section to the City Charter requiring alleleoeo _ s of thOO subject to t a requirements of Political Reform Act \@05 mm S an 84308t� otaov as seconded by Commissioner Shaw. The motion f �d 3-10-2 (Bixby S taw, Syllivan AYE) Follo further discus!on about campaign contributions and how the charter might a \JI'l \ s this iss\\�\ Commissioner Bixby made a motion to approve addressin g� ampaig nce in the City Charter in concept. The motion carried 11- 2-2 (Kutsche\r�Bame „ ®) VI. Discussion a possible action on City Charter sections 300, 302, 304, 306, 306, & 800 carried forward from a previous meeting. Commissioner Sullivan made a motion to have staff bring back an amendment to City Charter Section 306 describing the process for rotation of the Mayor Pro Tern as it is currently carried out under a city resolution. The motion was seconded by Commissioner Dettloff and approved 13-0-1 * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. VII. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Commissioner Kutscher requested that the Commission re-open discussion on the three elected department heads. A motion was made by Commissioner Dettloff, seconded by Commissioner Kutscher to bring back for further discussion these three elected officer positions. The motion was approved 9-4-2 (Stuart, Brenden, Shaw, & Hartnett NO) There was also a request by Commissioner Sneddon that staff return with potential � language for allowing amail-in ballot. A �00 Vill. Adjourn to the next regular meeting scheduled styPvvvv�vvv''tl ay, Nov. 17 at 6 PM in Room B-8 of City Hall. ` at LATE COMMUNICATIONS: \ \ \ \ pg°°�\ 1 . Memo on Council Compensation = Raphael Sonensheln \ �\ \\1 o 2. Memo on Contribution Limitations — Rafael onenshein q\, `\ \ \ \ 3. Memo from Richard Hart iec I lected v rs Appointed Mayor \ �\ `�` �\16_ e ue of Calfornia \� \\\\ 4. Excerpt from the m fig„ `�ti unlci al Law Handbook on \ y\�\" ` p the Political Reform Add; Contrltfron Limitations \ \ 5. HB Municipal Code, Chapter 2 07 .1vCampaign Reform L vqq\W * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Charter Agenda 7 of 33 November 12, 2009 To: Members of the Huntington Beach Charter Reform Commission From: Raphael Sonenshein, Consultant Subject: City Administration In the council-manager form of government, policy is in the hands of the city council and administration is under the control of an appointed city manager. In the classic council-manager city, the manager hires and fire department heads, prepares the budget for council approval, and manages the day-to-day operations of the city government. The council is forbidden to interfere with city administration. The council, by majority vote, can remove the city manager at any time. Naturally, cities like to experiment. The pure form of the council-manager form gets tweaked into different versions. Some cities require the council to have a supermajority vote to remove the city manager. Other cities give the council the power to approve hiring and removal of department heads. But at the end of the day, what makes the position a real city manager is that the appointed official who holds that post can direct a coherent city government in response to policy set by the city council. Those who wanted to improve the mayor-council system, which was in competition with the council-manager system,proposed to create a CAO, a chief administrative officer. This CAO would have professional management skills, and would assist the mayor and council in implementing sound policies. In this way, mayor-council cities could have the best of both worlds: the electoral energy of the mayor-council system, with the management efficiency of the council-manager model. In 1951, Los Angeles voters narrowly adopted a measure to create a CAO, to assist the Mayor in developing policy and in managing departments. While CAOs have become reasonably popular in mayor-council cities, and in some cities without elected mayors, they are not the same as city managers. In the"council administrator' or"mayor-council-administrator"models of local government, the"role of the CAO can vary all the way from errand boy to competent administrator performing functions similar to those of a city manager." (Hogan, quoted in Ammons 2008) But because the administrator is unlikely to have the broad independent management authority of a city manager, it is a less imposing and often more frustrating job. No matter what one labels this position,those in the professional field of urban management read the charter and figure it out. For example,until its 2005 charter reform, Culver City had a city manager, at least on paper. Yet the charter dictated that the city council directly hired and fired department heads. Culver City would get applications for the position from all over,until the Charter Agenda 8 of 33 applicants found out that it was really a council-administrator system. The pool got too small. So in 2005 voters expanded the role of the manager by vesting hiring and firing in the manager, and making the clerk and treasurer appointed. Now the post of city manager looks just like a real city manager. (For the ballot arguments for and against these changes, see the attached or link to http:i/v.,,wW.snnartvoter.or,22006 04:'1 1:'ca,Ia nieasiV/). Glendale also has a council-manager system, but department heads are protected by civil service. While the city manager has the principal role in appointing department heads, their civil service protection provides a limitation on the manager's ability to direct staff. Basically, a city has a city manager if the council appoints and removes the manager, and the manager has direct control of the day-to-day operations of the city government, including appointment and removal of department heads. Even if these roles are limited, such as by the council voting on the hiring and removal of department heads or by electing department heads like city attorney, clerk, and treasurer, this is still a city manager system. But this will be a city manager who is more limited in his or her ability to directly manage the city administration. Huntington Beach The Huntington Beach charter defines the city's form of government as council-administrator in Section 200: "The municipal government provided by this Charter shall be known as the Council- Administrator form of government." However, the roles and duties of the city administrator look similar to those that are standard with city managers: the appointment and removal of department heads, except those that are elected, the preparation of the budget, and the supervision of the city's administration. The label of council-administrator government may lead to a misunderstanding of the manager's role, and to the belief that the council should be involved in administration. Yet the charter itself has a clear non-interference clause: Section 307. NON-INTERFERENCE WITH ADMINISTRATION. "Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately." Charter Agenda 9 of 33 i In my view, it would be better to revise the charter to label the system"council-manager" instead of"council-administrator" and then make choices about how to define the city manager's role. There are several areas of possible discussion issues for the city manager's role in Huntington Beach. First, while the provision that the council approve the hiring and firing of department heads is not unique among our comparison cities, it has the potential to undermine the manager's ability to supervise department heads. This is especially true of a council role in approving the removal of a department head, if such a person can build alliances on the council to prevent removal. Secondly, the election of the clerk, treasurer, and city attorney creates ambiguities in the manager's supervisory authority over day-to-day operations of the government. As these offices evolve, their relationship to other city departments (e.g., the Treasurer and the Finance Director) may change and some coordination must be provided by the city manager. If those offices are to remain elective, the Commissioners might consider placing language in the charter that explicitly defines those who hold these offices as members of the city administration team. An example can be found in the Fremont Charter: "It shall be the duty of all subordinate officers, and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the city." This language could be modified to read: "It shall be the duty of all department heads, whether elected or appointed, to cooperate with...." Finally,the city administrator/manager should have authority to create and present the agenda of council meetings. If there is any confusion about how items are placed on the agenda,they should be filtered through the manager's office. Charter Agenda 10 of 33 Sources: David N. Ammons. City Manager and City Administrator Role Similarities and Differences: Perceptions Among Persons Who Have Served as Both. The American Review of Public Administration, 2008; 38,1 (March): 24-40. Quoting J. B. Hogan, The Chief Administrative Officer:An Alternative to Council-Manager Government. Tuscon: University of Arizona, Institute of Government Research, 1976. See also: James H. Svara. The Shifting Boundary Between Elected Officials and City Managers in Large Council-Manager Cities. Public Administration Review, 59, 1 (Jan-Feb 1999): 44-53. Victor S. DeSantis and Tari Renner. City Government Structures: An Attempt at Clarification. State and Local Government Review, 34,2 (Spring 2002): 95-104. ATTACHMENTS: 1. Culver City Measure V Charter Agenda 11 of 33 April 11, 2006 Election Measure V Charter Revision City of Culver City 2,445 / 54.2% Yes votes ...... 2,067 / 4 . % No votes See Also; Index of all Measures Information shown below. Impartial Ana_k sis I Arguments I Full Text i I I of rr t€ h* w Shall the Revised and zDeberia ser Adoptada la City of.Culver City Reorganized Charter of the Modificada y Reorganizada Carta de City.Charter as Approved to 1979, City of Culver City, as set Constitucion Municipal de la Ciudad with proposed changes ;'strike-, forth in the Proposed de Culver City, segun se expone en oufversion'; Offile'44 pages} Measure, be adopted? la Medida Propuesta? Partisan Infmt Impartial Ar%aiyss from Ct#y Attorney Cabot Schwab Cit: Council CandidatePositions This City-proposed measure would substantially revise and ; - Ah" I I reorganize the Charter of the City of Culver City,which operates as a ; "constitution"for the City and gives it certain powers over municipal culvcr City Star/ affairs under the California Constitution.After review and In ebefi ent recommendation by the citizen Charter Review Committee,the City rpe Council directed theCity Clerk to place the proposed Charter on the .,' :New.Charter.Dra s Eire: ballot of the April 11, 2006, Municipal Election. , �Qver'Cit Mahaer(213105) If a majority of those voting on this proposed measure approve The FrontlPa e. It, the new Charter will become effective on July 1, 2006, or the date accepted and filed by the California Secretary of State, Fu�lwoo Cld Rest�c� s t�Pa '> whichever is later. If not approved by a majority, the existing Hike ara; (2Z1S/06) Charter will remain in effect. The substantive changes proposed are: h1'tisel4ctloa ac d Any Rq lin s tc sou_ce ou b r7n 1.The form of the city's administration would change from the R gotec mad rho longer bea f e existing Council-Chief Administrative Officer form to a Council-City No further tfnks vvtll e��rdde Manager form of government.Currently,the Chief Administrative this page Officer exercises direction and control over the City's Links to sources utside af`Sn art l` administration, subject to City Council direction. Under the Uo@er are rovdei',far,nfo�, rr,atin` proposed Charter,the City Manager would be directly responsible only and do not Ertl,ply end+ rsement.; for day-to-day management of the City,with limited Council interference. _ ' Currently,the Council appoints all department heads.The proposedOv Charter gives the City Manager authority to hire and terminate all f =_ City employees, including department heads,except the City " Attorney, Fire Chief and Police Chief whose positions would } r continue to be hired and terminated by the Council Charter Agenda 12 of 33 2. Currently,the Charter provides the City Clerk and City Treasurer are elected offices,with duties outlined in the Charter. Effective April 8,2008,the proposed Charter would authorize the City Manager to appoint the City Clerk and City Treasurer,with duties - 3' established by ordinance. 3.A Preamble is added to the Charter,setting forth the goals and purpose of City government. 4. Under the proposed Charter,the department head positions of Community Development Director; Fire Chief; Parks, Recreation and Community Services Director; Police Chief;and Transportation Director would be removed from the civil service system.The City Attorney, City Clerk, City Treasurer and Public Works Director positions would remain outside the civil service system, as would the City Manager. 5.A section is added prohibiting the Council from interfering in n $ some City operations, including performance of duties of City employees.The Council could continue to give advisory information to assist the City Manager and to contact employees for information,to make inquiries and to advise about citizen complaints. AV 6.Operational aspects and policies for City government would be set by ordinance, instead of by Charter.These policies include public works contracting, purchasing products and services, and creating a. and abolishing commissions, boards and committees. 7.The proposed Charter would give the Council discretion to adopt an ordinance authorizing municipal elections conducted wholly by fi mail,cast in the same manner as absentee ballots. 8.The proposed Charter would allow the City's fiscal year to be established by ordinance of the Council, instead of by Charter. " 9.The proposed Charter also simplifies archaic and ambiguous `- ` language, adds definitions and reorganizes various sections. Aft V ZAI ` "_ Ar iirn nts'1=or surd% 'X ter u e t ..... .,. �.. ,. . ,... ,..6'? .. .. Culver City is a great city that deserves a great What is the problem? charter. Formed in 1917,Culver City has grown more than four-fold in area and 70 times in What's wrong with our city that we need to re- population,yet the charter has not kept pace.That do its foundation?Our city is the envy of most is why the City Council appointed a 10-member other cities. Why change it?Once done, a new committee to review the city charter.After 22 charter cannot be un-done without again re- public meetings and extensive research,the writing the "constitution" of the city! committee voted unanimously to adopt a new charter designed for the 21 st century that The people of Culver City have the right to recognizes our city's unique Qualities. make choices. If this proposed new charter would be good for the city, they would give The new charter makes government more you a chance to select what you want. It is "all responsive. efficient. flexible and accountable. or nothing"because there are things in it that Currently, department heads are appointed by Charter Agenda 13 of 33 and accountable to the City Council. The they know you won't like. For that reason problem for the dedicated employees who keep alone, vote "No" on the proposed new charter. our city running is having five part-time bosses instead of one full-time manager. It is easy to This new charter will increase costs and will see why no other charter city in the state add a whole new level of bureaucracy between operates this way. the people and those doing the city's work. It will require more staff. It will also slow things The new charter places policy making authority down a lot, and will make it harder for people where it belongs. with the City Council. and to get answers from this new "top heavy" day to day management where it belongs. with government. Who wants that? a professional city manager. This is the foundation of the new charter, from which all Why put all the business of the city through other elements flow. The city manager will one individual called the city manager?The appoint and remove most department heads, city should be run by the five council members including the clerk and treasurer. The council you select,not just one person. Why have the will have greater flexibility to meet the council if you have a City Manager? changing needs of city residents. The City Clerk and the City Treasurer would be The new charter will provide a clear chain of appointed by the City Manager,NOT the command and accountability. It will enable the people. You lose that right. The writers of this City Council to focus on policy,which is what new charter have wrapped everything up in one we elect them to do. It will make the city more package so you don't get the chance to choose. competitive in attracting and hiring the top management talent. The new charter is also So, you have the choice to buy the whole costly clearer and more accessible for the public. bureaucracy, or keep our great city running like it is. Just do what we all are doing and vote Culver City is at a crossroads. We can do "No" on charter reform. "If it ain't broke, don't better. This new charter for the 21st century fix it!" will ensure the best possible government for all of Culver City's residents. Albert Vera, Mayor Vote yes on Measure V! Carol Gross, Council Member Alan Corlin, Member, Culver City City Alice Barricello, Commissioner Council Barbara J. Silverstein Steven J. Rose, Member, Culver City City Council " ReTuttial in Argu%�ents Agahn t i- . , Don't let misleading arguments stand between us Crystal Alexander, City Treasurer,City of and a better future! Culver City "What is the problem?" Jessica Beagles-Roos,Member, Culver City Board of Education It's the difficulty of attracting and retaining quality management Professionals don't want to Andrew N. Weissman, Chairman, Charter Charter Agenda 14 of 33 Review Committee be micromanaged by five bosses(would you?). They want a clear chain of command as in any 411 AR Rettutt ! tb Argments For organization: Board of Directors (City How can our city be more "responsive, efficient, Council), CEO (City Manager), managers and flexible,and accountable" if everything has to go staff. Our unprecedented executive staff through a City Manager?That's the old style of top turnover in the last four years says something is down organization that often results in an "broke." The new charter will fix it. entrenched bureaucracy and discourages quick action and a decisive response. "It is all or nothing." Current organizational thought centers around a Yes, and the "all" was refined by the charter "flatter" organization with emphasis on review committee - your friends and neighbors interactive teamwork and creativity. Likewise, - from the input you gave over the course of a our current CAO form of government year, in 20 public meetings and 2 council empowers our Department Heads with more hearings. Your choices are what went into responsibility and authority along with more this charier,where all the pieces fit together autonomy and accountability. This is efficient as a comprehensive whole. and effective government,rather than managers hired and fired at the individual whim of a City "A whole new level of bureaucracy." Manager without input from your elected Council Members. Even the Police and Fire Nonsense! A City Manager replaces the current Chiefs would no longer have Civil Service CAO. It's that simple. There is nothing "top protection. heavy" about it. In fact, there are huge gains in efficiency,productivity and responsiveness. The code of ethics prevents Department Heads from being active in political or electoral "Why have the council if you have a City matters. Privately, they have definite opinions .Manager?" regarding the City Charter and how it impacts their ability to best meet the needs of the City's We elect our part-time council members to residents. Do not mistake their silence on this make policy. We need their time and energy subject as support for a change. Some may focused on that. The City Manager's full-time agree, others may not,but you, the voters, job is to implement those policies. should consider this: One bad or marginal Department Head, or even a poor City Council "The City Treasurer would be appointed by Member will not ruin a City. A bad or marginal the City Manager." City Manager can. We have seen it in other cities. And our City Treasurer believes it should be that way! It's a job requiring sophisticated You elected the City Council to run our city. If financial knowledge. Why keep this you vote for this Charter Reform, you've management position as a popularity contest? assigned that responsibility to an employee you did not choose! Vote yes on Measure V! Vote "No" on Measure "V"! Gary Silbiger, Member, Culver City City Charter Agenda 15 of 33 Albert Vera, Mayor Council Carol Gross, Council Member Edward M. Wolkowitz, Former Member, Culver City City Council Alice Barricello, Commissioner Steven Gourley, Former Member, Culver City Susan Deen, Commissioner City Council John Montanio, Retired Police Chief Paul Jacobs, Former Member, Culver City City Council Edward C. Little, Former Member, Culver City City Council Charter Agenda 16 of 33 f" A, EN 4qw, I, ; r _ h Charter Agenda 17 of 33 CITY MANAGER/ADMINISTRATOR'S POWERS HIGHLIGHTS CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER Powers similar to these • Chief administrative officer and head of the administrative branch of the City are common in all the Government. cities reviewed so they Prepare the draft budget annually and prepare and submit to the Mayor and are not included below Council the Capital and Operating Mid-Year Budget Report. with each city. Recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient. • Prepare end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year. • Establish a centralized purchasing system for all City offices, departments and agencies. • Establish and enforce specifications for supplies, materials and equipment required by the City. • Cause all supplies purchased by the City to be inspected and a determination made that the same comply with specifications. • Prepare rules and regulations governing the contracting for, purchasing. • Be responsible for and annually inventory the City's real and property assets. • Enforce the laws of the City and State laws pertaining to the City. Anaheim Charter Manager 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. No department head shall be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and received its approval for such appointment or removal. • He or she may authorize the head of any department or office to appoint or remove subordinates in such department or office. • Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his or her jurisdiction. (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.) Chula Vista Charter Manager City Manager shall appoint all department heads and officers of the City except elective officers and those department heads and officers whose power of appointment is vested in the City Council, and pass upon and approve all proposed appointments and removals by department heads and other appointive officers. 1 Charter Agenda 18 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER ® The City Manager shall be responsible for the organizational structure of all departments subject to the City Manager's direction, including their divisions sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the City Manager is responsible. (The City Manager, City Attorney and City Clerk shall be appointed by and serve at the pleasure of the City Council and shall be in the Unclassified Service.) Fontana General Law Manager • Have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads. • Appoint, remove, promote and demote any officers and employees of the city except the c S clerk, city attorney and city treasurer, subject to the provisions of chapter 20 and resolutions, rules and regulations adopted pursuant thereto. • Recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business. • Make investigations into the affairs of the city and any department or division thereof. Fremont General Law Manager Municipal Code: • Control, order and give directions to all heads of departments, and to subordinate officers and employees of the city through their department head; transfer employees from one department to another; and consolidate or combine offices, positions, departments, or units under his direction. • Appointment, removal, etc., of certain officers. To appoint, remove and demote any and all appointive officers and employees of the city except the city attorney. • It shall be the duty of all subordinate officers, and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the cif 2 Charter Agenda 19 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER Glendale Charter Manager • Appointment and removal of department heads, subordinate officers, etc., generally. The city manager shall appoint and remove, subject to the civil service provisions of this Charter, all department heads of the city, except as otherwise provided by this Charter, such appointments and removals to be subject to the approval of the council. Department heads shall appoint and remove, subject to the civil service provisions of this Charter, all of their subordinate officers, assistants, deputies, clerks, and employees, except as otherwise provided by this Charter, such appointments and removals to be subject to the approval of the city manager. Huntington Beach Charter Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers. However, no department head shall be appointed or removed until the City Administrator shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. • Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. Irvine Charter Manager Charter: The appointment, removal, powers and duties of the City Manager shall be as established by ordinance of the City Council. Municipal Code: • It shall be the duty of the City Manager to appoint, remove, promote and demote any and all officers or employees of the City other than those officers required by law to be appointed by the City Council subject to all applicable personnel ordinances, rules and regulations and provided that all such appointments, removals, promotions and demotions of City officers and department heads shall be subject to prior approval of the City Council. • It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council. Modesto Charter Manager . Appoint and remove all officers and employees of the City, and may authorize the head of any department or office to appoint or remove subordinates in such department or office. The City Manager may also authorize the head of any department, including deputy directors, police captains and fire battalion chiefs, or other city employees as designated by ordinance, to recommend and impose discipline in accordance with this Charter. 3 Charter Agenda 20 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER • Appoint advisory boards, without compensation, to assist the City Manager in the performance of the City Manager's duty, if the City Manager deems it necessary. • Interchange employees between or among departments if the City Manager deems it proper so to do. • Sign all contracts, deeds and other documents on behalf of the City when authorized to do so by the Council or by this Charter. • The City Manager shall be accorded a seat at the Council table and shall be entitled to participate in the deliberations of the Council, but shall not have a vote. • Shall direct creation of draft written statements of Policy for each City department which is under the administration of the City Manager. • Annually conduct an independent, written performance evaluation of each head of a city department which is under his/her administration, without limitation. The evaluations to be presented to the Council for their review. Moreno Valley General Law Manager Municipal Code: • Appoint, remove, promote and demote any and all officers and employees of the city except elective officers, the city attorney and the city treasurer subject to all applicable personnel rules and regulations which may be adopted by the city council; except that the consent of the city council is required for the planning director. • Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the city under his jurisdiction through their department heads. • Have the same authority as the mayor(as conveniences to the parties may dictate)to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action; and • Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council. Oceanview Manager • He shall have the authority to control, order and give directions to all appointive heads of departments, except those officers appointed specifically by the city council, namely, the city attorney and special auditor, and to subordinate officers and employees of the city through their department heads, transfer employees from one department to another, and to consolidate or combine offices, positions, departments or units under this direction. • He shall have the authority to appoint, remove, suspend, promote and 4 Charter Agenda 21 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER demote any and all appointive officers and employees of the city in accordance with the personnel ordinances and personnel rules and regulations of the city, except those officers appointed specifically by the city council, namely, the city attorney and special auditor • He shall have the authority to exercise control over all departments of government of the city and over all appointive officers and all employees thereof, except those officers appointed specifically by the city council, namely, the city attorney and special auditor. • The city manager shall serve as a public relations officer of the city government and shall follow through and endeavor to adjust all just complaints filed against any employee, department, division or service thereof. Orange General Law Manager ® Appoint competent, qualified officers and employees to the administrative service and to dismiss, suspend and discipline all officers and employees in the administrative service under his control. • He shall also have the power to authorize a Department Head,or officer responsible to him, to appoint and remove subordinates serving under that Department Head or officer; no Department Head shall be appointed or removed until the City Manager has first reviewed such appointment or removal with the City Council in executive session and received approval for such appointment or removal. • Appointment to Acting Capacity. Designate himself or some other officer or employee to perform the duties of any office or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent. • Serve in any appointed office within the City government to which he may be qualified when appointed thereto by the City Council, and hold and perform duties thereof at the pleasure of the City Council; perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action by the City Council. San Bernardino Charter Manager a To direct and exercise immediate supervision over the administration of all Manager-directed departments of the City; • To appoint, exercise immediate supervision over, suspend, and remove, all City employees of all Manager-directed departments of the City in both the classified and unclassified service; except that for the classified service, such powers shall be pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances, and except that the removal of such employees in the unclassified service is subject to the consent of the Mayor and Common Council; and to appoint any temporary, part-time employees of all Manager-directed departments of the City; 5 Charter Agenda 22 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER • To confer regularly with the Mayor, to implement the policies of the Mayor and Common Council as directed by the Mayor and to keep the Mayor informed of any issues, events and controversies that may arise; to be responsible for the implementation of the Mayor's policy directives and to insure that those C— 18 directives are acted upon by all supervisors and employees in the Manager directed departments of the City; • To confer regularly with the City Attorney on legal issues; to immediately notify the City Attorney of any important legal issues or difficulties that arise; to obtain the legal advice of the City Attorney, and to carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to insure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct; • To confer regularly with the City Treasurer on financial issues, to obtain the financial advice of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed of all financial matters and to immediately notify the City Treasurer of any important financial issues or difficulties that arise. Santa Ana Charter Manager 0 Subject to the civil service provisions of this charter, and with the approval of the City Council, appoint all department heads and officers of the City except those officers the power of appointment of whom is vested in the City Council and as otherwise provided in this charter; • Subject to the civil service provisions of this charter and ordinances adopted pursuant thereto, pass upon and approve all proposed appointments and removals of subordinate employees, by all officers and heads of offices, agencies and departments; • Submit a monthly report to the City Council covering significant activities of the City agencies, offices, and departments under his supervision and any significant changes in administrative rules and procedures promulgated by him; • The City Manager shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote. 6 Charter Agenda 23 of 33 CITY CHARTER/ ADMINISTRATOR/ POWERS & DUTIES HIGHLIGHTS GENERAL LAW MANAGER Westminster General Law The city manager shall have the power to control, order and give directions to all heads of departments, subordinate officers and employees of the city, except the city attorney; to transfer employees from one department to another, and to consolidate or combine offices, positions, departments or units under his direction, after input from the mayor and city council. • Shall have the power to appoint, promote, discipline, demote and remove any officers and employees of the city, except the city attorney. • Shall have the power to investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city. • Shall serve in any appointive office or as head of any department within the city government for which he may be qualified when appointed thereto by the city council and to hold and perform the duties thereof at the pleasure of the city council. 7 Charter Agenda 24 of 33 Vm ALI' M, It TAC E IM, Charter Agenda 25 of 33 TO: Dick Harlow, Chair of the Charter Review Commission FROM: Ray Silver, Charter Review Commission Member DATE: August 4, 2009 SUBJECT: Request to Consider Charter Language Change to Section Article III, Section 401 Please add the discussion of Section 401 (a) and the addition of Article III, Section 307 to Section 401, to the list of Charter changes that will be discussed and considered by the Charter Review Commission. Thank you. Cc: Shirley Dettloff, Vice-Chair Pat Dapkus, Staff Liason Charter Agenda 26 of 33 October 6,2009 TO: Charter Review Commission FROM: Ray Silver, Charter Review Commission Member SUBJECT: Proposed Charter Amendment Following are my comments regarding the proposed changes to the City Charter that I am recommending: Article III, Section 200, Council-Administrator Form of Government — I am recommending that this section remain the same. Article III, Section 307, Non-Interference with Administration — I am recommending that elected department heads be added to this section to assure that, while they can assist a department head, there is a clear delineation of duties between them. Article IV, Section 400, City Administrator, Compensation, Term, Eligibility and Removal. I am recommending that the City Administrator, under subsection 401 a — Powers and Duties, have the sole authority to hire and fire department heads. No one person can serve "two masters", but that is what the current system requires. On one hand the City Administrator is required to be accountable and responsible for day to day operations, the department heads have to negotiate their relationships with both the City Administrator and the mayor and City Council members. This is not fair to the Mayor and City Council, the City Administrator, nor the department heads. Charter Agenda 27 of 33 �IA3 W TA VT AUL E. COOK ANDASSOCIATES , October 11.200.9 Charter Revision Committee c/o Pat Dapkus City of Huntington Beach 2000 Main Street D Huntington Beach,CA 92648 Re: Charter Revision re City Administrator Dear Pat, I any requesting that the Charter Revision Committee consider changing;the title of City Administrator to City Manager. While there is no public outcry,I believe this change is long overdue. Having worked for three other cities besides Huntington Beach and being a consultant for several cities since my retirement from Huntington Beach, I have not come across another City Administrator. An administrator connotes a caretaker such as for a trust or an estate. A 5 manager connotes someone who is active on a daily basis running a corporation. As the i Huntington Beach City Administrator from 1987 to 1990, 1 was responsible to manage everything on a daily basis such as the budget,personnel,and programs:everything except f policy and investments. There is the International City Managers Association:League of California Cities City Manager S Department and the Orange County City Manager's Association. There is no City Administrator's Association. _ Attending City Manager Association meetings my name tag always said"City Manager"to avoid i raised eyebrows about my credibility with my peers. This charter revision would_also help recruiting future City Managers. Please put this matter on the Committee's agenda for their consideration. If you have any questions,feel fee to contact one at(714)960-8298 or pcook2., socai.rr.com_ i Sincerely, Paul B. Cook Fernier City Administrator 7155 lL ttle. arbor Drive Huntington Beach, California 92648 (714) 960-8298 Fax (714),536-1333 Charter Agenda 29 of 33 \ .�7 \ NT� \<. �T / Charter Agenda 30 of 33 CHARTER REVIEW COMMISSION TIMELINE: n TOpIIC 8/18 �101 9/15 10l06 > 10/20 11/03� 11117�' 12101h 12115 ` 1105 61/21 2/02 - 2118* 3/2 3/16 3130** Status Consent Items S Sects„1�Q1 105 301;404,405 603,604, &'606, Section 200 Council Administrator'Form of ED Government . �o U Section;300, Floc#ive Offices Discussion on o R Iected'Mayor U Section 302 Coinal Compensation ; ED C• 1 .k ,� Z-�i w N W Section 303 MeetingsP©ssrble set bye ° S Ordinance or Resolutions �_ U � — CN D Section ;04 Subsec#ion,(b) Gouncil control of M a ; S alf legal business of the,cay- - o o O a aCY M Section 305 306-Mayor's Rolfe Reviewrand o �; S discuss adding language on Mayor's Rotation `" x x cfl N Section 307 Non Interfefencevith L minis#ration Section 308 Bonds Compliance with"State _ 0 Fo D Law , o c M 3 -- o Sec#ion� 0�9C�i#yAtforney� I��seuss Making �� M � x '— R Appalntei SeCtron 310;City.Clerk Discus Mkng R Appointed o F,brmat flit Maintaining) ecords� , . .. Section 311 City Treasurer" Discuss,Making� R Appointed Quallfca#ions av Section 312 Uadancies Moral Turpitude � S Chartef1�f�aWi?49 PM Charter Review Timeline ji ' ,A 9/of 'IltM 11103 AT T .Status "A @ctidn 3 S'13� ~SeeMunicipal.Code and Adrfi,.'W ........ .......... Section 440 c iistir t e 40 4 t "'Ad 60 ED I'll 11 � .0 'Ci y, dm,, Change/Update Titles Hire/Fire Dept <Heads �_ ',sec ibb'd,5-00-503 Ordinances ResolUtidhi;� S �,'I'Pb b I icat i on Le oticesz�;c N Second Reading1 ' 12, ordtnances,,, LU 0 City Budget--'Qhan .......i S Fiscal Sbdtibnt 600,6,0�,��- > 00 7, 06 Q) -"to OL 4. incit3G,hot60A CL 0'' Submission .. 06 ,,_qpi'taI Zecti6n&605-.',City�.Budget Allow S Projects tobe,Carri ed forward"fi6m one'FYY'.to 10 'th'e"N xt" 74 c Q) 0 T" 0 0 0 16 U m Q) V) L6 W 6(W,,608;-","6,10;61 1-TaxesU, t I p S conformWith"'SWtb Law 0 Sectign Al T '4 1 Estate Tr a n'ife"'O T ax Possible sib- le—- S T- o 0 0 IX, section 0 Measure ;;'�Possiblql ncrease;� ED n 4de 61141kno" � V) ,-Sections,V34i4 Contracts- ED Increas6IEIiminate1 Dollar Amoun 1 '4 ssibly. Index to;, 'PI 0 FinAbdiM Vt ibilitybf Bidders • ISCP4sl on, b.ryailin a�6.Di c: section 615 City ndhige§ S 0 a 0, Meeting Moved to THURSDAY 5th Tuesday 2 Chayf/'PM&OiU9 Pm Charter Review Timeline 8k'10 G 312 6--12/15 '1/05 0 1/21 2/02',,,,, 2/1 us-10/66 1117 2/01"'1""� zE A, �z Vll��AIAI�� Sedti66"6'1:6�"lh'deDendent Audit Higher Level - S AUd it;, Section 617 t ate D MT( Article 7 Eloctid- n I F�"la c Reform- D -,§e&tibh'8Q,0,'Tr n,sitil a 'ons' "Review.after,,E1,666 S 0, x x 4- 6.dtions%,o, .................................. j . Section$01 Definitions Possibly Ehm�nate S $qb�edti h ( ) MascqlJI, # ' d ................. Section$02 Charter Violations S 4,dollamount SectIoh"8Q5 -Pfb' Ofty RJO 0 0 0 0 S Policy duesti6n �jProposedMiscellaneous'Additions'to the City ED E D e.vi'ew,," I k �;`rd,Noter'.�,-Approv' IZ'fila- ajo eneralPlari, " , 11 1 ".Arne,'�' dm",t po LEGEND x Recommended Date for Discussion c D Discussion Needed ED Extended Discussion Needed PH Public Hearing Q No Substantive Issue-Possibly Quick Decision R Reconsider S Straw Vote Taken Meeting Moved to THURSDAY 5th Tuesday 3 Chah/ApI21A6oi?�9 PM `i%.a'�"`x �'•`gyp ?�.ss AGENDA Tues., Oct. 20, 2009, 6:00 PM City Hall, RO®m -8 I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside II. Public Comments_ : _ _ _ An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted comments. III. Approval of Minutes from the October 6 Commission meeting. IV. Overview of Elected Mayors and their Role— Raphe Sonenshein V. Discussion on the description of the Mayor's role from the meeting of 10/06109. VI. Discussion and possible action on making the position of Mayor being directly elected. (The following Sections of the Charter should be reviewed for potential changes as a result of the above discussion: 300, 302, 304, 305, & 306 ) VII. Presentation on the other Three Elected Offices and the City Charter— Raphe Sonenshein Vlll. Discussion and possible action on Section 300 and Section 310 as they relate to the office of the City Clerk. IX. Discussion and possible action on Section 300 and Section 311 as they relate to the office of the City Treasurer. X. Discussion and possible action on Section 300 and Section 309 as they relate to the office of the City Attorney. XI. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission XII. Adjourn to the next regular meeting scheduled for Tuesday, October 20 at 6 PM in Room B-8 of City Hall. Attachments: 1. Minutes from the Oct. 6t" Meeting 2. Memo: Elected Mayors (10-14-09)- Raphael Sonenshein 3. Memo: Limitations on the Directly Elected Mayor(10-16-09)— Raphael Sonenshein 4. Article from the San Mateo Times on the Burlingame City Clerk's Office 5. Information from Smarter Voter on Chula Vista's Proposition Q to amend their Charter to elect their City Attorney 6. Matrix and Summary spreadsheet describing Mayors' Duties and Compensation for cities comparable in size or location to Huntington Beach. 7. Information from the City Clerk—Joan Flynn THE FOLLOWING INFORMATION WAS ALSO DISTRIBUTED PREVIOUSLY: 8. Information from the City Treasurer— Shari Freidenrich 9. Information from City Attorney - Jennifer McGrath 10. Information & Recommendations Provided by Commissioner Bixby * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. f : g AMON NINUFES Tues., Oct. 6, 2009, 6:00 P Roll Call: Barrie, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside (All present except for Harnett, Stuart, and Whiteside) Public Comments: ------ ----------------•--------------------------------------------- - - -_ - - - - - - - - - - - - - - - - - An opportunity for the public to comment on any item of infeest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minute re encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted comments. _ __ ------------------------------------------------------ Public Comments were received as follows • Derek Spalding spoke on including language in the:,City Charter on the prevailing wage. (He submitted his comments in writing.) • David Rice spoke in support of including a"sect- the Charter requiring voter approval for any major amendment in the City% General Plan that would significantly increase the amount of,traffic. (He',submitted a copy of Newport Beach's Charter provision.) • Linda boon spoke in support of appointing the City Attorney. (She submitted her comments in writing.) • Clem Dominquez spoke.in opposition of directly electing the Mayor. • Shari Freidenri6fi`spoke innfavor of hiAintaining an elected City Treasurer. (She submitted an� Overview of`,the Position:") • Doug Mang ione,requestel information regarding the venue for the public meeting to discuss a prevailing wage provision in the City Charter. [The meetings on this issue is sched6ld&f0r4an. 21, 2010 in the City Council Chambers] • Keith Bohr spoke in support of directly electing the Mayor. (He submitted a written copy of hisscomments.) Writteh comments in support of ari=elected City Attorney were submitted by Jennifer McGrath: There were also,other late communications as follows: • Written comments'in support of an elected City Attorney were submitted by Jennifer McGrath' • An Email from'a citizen, Drew Kovacs, in support of a directly elected Mayor. • A memo from Commissioner Silver providing his recommendations on Charter Sections 200, 307, and 400. • A revised version of Raphe Sonenshein's PowerPoint presentation. PowerPoint presentation on Elected Official and the City Charter— Raphe Sonenshein Raphe made a presentation on the various relationships between the Mayor, Council and the City Manager/Administrator. ® Discussion and possible Sections 300, 302, 304, 305, 306, 309, 310, 311, &800 of the City Charter which relate to the city's elected offices. Potential action on the following: © Review Section 300 to consider changing the office,of Mayor to directly elected Following a lengthy discussion on the proposal to directly elect the Mayor, a motion was made by Commissioner Silver and seconded by Commissioner Dettloff to direct staff to return to the Commission at the Oct. 20 meeting with language for a directly elected Mayor as follows: 1. The Mayor shall serve a 2-year term 2. There shall be a maximum of 4 terms Y, 3. The Mayor shall serve as the official, primary representative an spokesperson for the city consistent with the adopted positions ofithe City Council. 4. The Mayor shall server as.presiding officer of the City Council 5. The Mayor shall have no a'iathority to interfere„or inappropriately pressure the City Administrator to pursue or.#ake any action 6. The Mayor shall be automatically`removed if he orzhe violates the above provision. 7. The Mayor shall'lead._discussions of the City°aCou,ncil on policy issues. Commission Sneddon offered 67substitutLi"motion, seconded by Commission Shaw to take a strawvote ofahe Commission to determine whether to continue to consider the concept of a directly,elected Mayor. .,On a vo - .,of 7-5 3 (Shaw, Sneddon, Sullivan, Bauer, Bixby No) the Commis onapproved continuing consideration of directly electing the tlAayor, The Commission then noted to=approve the original motion 7-5-3 (Shaw, Bixby, Sullivan,Bauer, Sneddon,.No) `? © ,'=Review Secti'66.302 to consider changing the compensation for the Mayor and Council Commissioner Bixby mad�'a motion to add a provision to the City Charter to say that the annual Chang 8,',Jn_total compensation to the City Council not exceed the current $175 monthly stipend'plus the current expense allowance [set in the Municipal Code] with a maximum increase each year that is no more than the Consumer Price Index. The motion was seconded by Commissioner Dettloff. Following general discussion a substitute motion was made by Commissioner Bixby and seconded by Commissioner Silver to add a provision to the City Charter limiting the compensation for the Mayor and City Council. The motion failed 1-11-3 (Bixby Aye) * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Chairman Harlow asked that staff bring back samples to the next meeting of language from other city charters regarding compensation for the Mayor and Council. ® Review Sections 304-305 for possible changes in the proceedings of the Council or the duties of the Presiding Officer Review Section 306 for any potential changes in the designation or duties of the Mayor Pro Tempore © Review section 300 to consider changing the office„of City Clerk from elected to appointed ® Review Section 310 for potential changes in the q' alifications, powers, and duties of the City Clerk ® Review section 300 to consider changingl office #City Treasurer from elected to appointed © Review Section 311 for potential chorrges in the qualificattofrs, powers, and duties of the City Treasurer © Review section 300 to consider changing the office of City Attorney from elected to appointed Review Section 309 for potential changes°in the qualifications, powers, and duties of the City Attorney, Review Section 800 for potential changes that May be needed in transition ingr the.elective offices ® Commissioner Requests':,Questions; cornments, or suggestions for discussion at a subsequent meeting`of the Commission Adjourn to the next reguler meeting scheduled for Tuesday, October 20 at 6 PM in Room R-8 of City Ha11 * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. October 14,2009 To: Huntington Beach Charter Reform Commissioners From: Raphael Sonenshein, Consultant Re: Elected Mayor At the October 6t' Commission meeting, Commissioners asked for more detail about the powers and roles of a directly elected mayor. There are three types of mayors in California: the appointed mayor, the directly elected mayor, and the strong mayor. The strong mayor system, which is largely confined to the largest cities, has little in common with either of the first two alternatives. The appointed mayor, which is the system used in Huntington Beach, vests in the city council the power to select the mayor. The Huntington Beach charter includes the following language about the mayor: At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. The directly elected mayor, which is used in 31% of California cities, and in 74% of the cities that I defined as Upper Middle (#9 through #35 in population, with HB as #20), does not require a significant change in language regarding powers. In fact, as you can see from the cities below that have a directly elected mayor, the powers are not significantly different than those in Huntington Beach. It would be hard to tell apart the charter description of mayoral powers in appointed mayor and directly elected mayor cities. Santa Barbara The Mayor shall be the presiding officer at all meetings of the City Council and shall be included as a member of the City Council for all purposes under this Charter unless otherwise expressly provided. He shall be counted in determining a quorum and shall be entitled to vote on all matters, but shall possess no veto power. 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 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 City Council shall designate one(1)of its members as Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the absence or disability of the Mayor. Santa Ana The mayor shall be a member of the City Council and shall preside over the meetings of the City Council.The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. Pasadena The Mayor shall be nominated and elected by the voters of the City at large for a term of four years beginning with the municipal elections to be conducted in 1999. The Mayor shall be a voting member of the City Council and shall preside at meetings of the City Council. The Mayor shall act as chief executive of the City in performing all acts required to be performed under the laws of the State of California and this Charter. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the Courts for the purpose of serving civil process and by the Governor of the State for military purposes. The Mayor shall have a voice and vote in all proceedings of the City Council and shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with his or her office. So what's the big deal about the directly elected mayor? The formal powers are not the important difference between the appointed and the directly elected mayor. Formal mayoral powers only become important when we move to the strong mayor, where there are considerable changes in the mayor's formal power(e.g., veto of ordinances, preparing and submitting the budget, hiring and firing city department heads and the city administrator). The big difference between the appointed and directly elected mayors can be found in the roles and expectations of the two types of mayors. Once the mayor is directly elected, the roles and expectations for the mayor change dramatically. These changes are far more important than any alteration of formal powers, which are unlikely in any event. An appointed mayor emerges from the city council. He or she has won an election, and in many cases has won citywide. He or she may not be the top vote getter, but has enough votes to make it onto the council. The council has the authority to appoint the mayor. While the council may choose to adopt a rotating system, the councilmembers also have the option to skip over one or more members for the mayoral post. Thus the mayor is accountable to the voters for becoming a councilmember, but he or she is accountable to the other councilmembers for becoming mayor. Because the appointment.of the mayor is an internal process of the council, it is unlikely to generate considerable public interest. The mayor will become a well known local public figure during the period of her or his mayoralty, but the roles and expectations for the mayor will be less than if the mayor had been directly elected. A directly elected mayor is treated differently by decision makers outside the city. Others will follow the mayoral race, and will be aware that the person they are dealing with has won a tough and challenging election. This awareness elevates the importance of the directly elected mayor in the corridors of county, state, and even federal government. Decision makers outside the city make a practical distinction between an appointed and elected mayor in their dealings with the city's official leader. Outsiders make much less of a distinction between a directly elected mayor with few formal powers and a strong mayor. (For instance, when Pete Wilson was the directly elected mayor of San Diego under their old charter, he had few formal powers but he was a very influential statewide spokesman for the city's interests.) A directly elected mayor will be have been chosen by the voters in a more visible election than the typical council race. Much attention will be paid to controversial city issues during the campaign, and voters will weigh who is the best leader to represent them. The decision to vote for or against a mayoral candidate is quite different from the decision to vote for or against a council candidate. Expectations are created by the excitement of the mayoral campaign, and as a result the public expects the winning candidate to provide exceptional leadership. The public then "owns"the mayor in the same way that it"owns"the council, and in a way that it does not own an appointed mayor. Those who work in the city government, particularly the city manager/administrator, will respond differently to a directly elected mayor than to an appointed mayor. Research on directly elected mayors in a council manager city has shown that cooperation between the mayor and the city manager is common. Because the mayor is expected to provide broad leadership to the city, those who manage the city government are aware that they should maintain a positive relationship. City charters normally include a provision that mandates "non interference" by the mayor and council in the day-to-day operations of the city government. These provisions would look roughly the same in cities that have appointed mayors and those that have directly elected mayors. I am not aware of any cities that have mandated automatic removal of mayors for such interference. Naturally a wise mayor who is directly elected will maintain very close relationships with the city council, over which he or she presides and of which she or he remains a member. Only in the strong mayor system does the mayor become separate from the council. Indeed, the roles and expectations for a directly elected mayor present a challenge to a city that has had appointed mayors only. Directly electing a mayor can be disconcerting in the short run. It elevates one person from the collective body of those who run for office to a post that the people expect to offer major leadership. In the appointed mayor system, one can become mayor simply by being elected to the council, and hopefully waiting one's turn. On the other hand, in a city that is polarized (quite unlike Huntington Beach) a majority of the council could permanently exclude the minority from the mayoralty. The directly elected mayor system substitutes the voters for the city council in holding the mayor accountable. This is a considerable change for councilmembers who have been in the position to determine the success or failure of the mayor. And it also changes the relationship between the city manager/administrator and the mayor. The dislocations that these changes represent can be weighed against the possible benefits of publicly visible, directly accountable leadership in the mayor's office and the hope that this role would be conducted cooperatively with the council and the city managers. In conclusion, this is a difficult decision for the charter commission. It would be my advice to focus not on formal powers, which will not be any different for a directly elected mayor than for an appointed mayor, but rather on the dramatically different roles and expectations for a directly elected mayor. For both the pro and con side, these roles and expectations are really the heart of the matter. October 16, 2009 To: Huntington Beach Charter Reform Commissioners From: Raphael Sonenshein, Consultant Subj: Limitations on a Directly Elected Mayor At the October 6t" Commission meeting, staff were asked to explore ways to set limits on a directly elected mayor. At least two possible concerns were mentioned: 1) that the mayor might interfere with the operations of city administration and 2) that the mayor might push for a stronger mayor system. Operations of city administration In the council manager system, there is a strict separation between elected officials and day-to-day administration. A standard feature of most charters is the "non-interference" clause to prevent elected officials from directing city staff. In theory, elected officials are supposed to set policies, and the city administrators carry them out. The council retains the authority to hire and remove the city manager/administrator, and proper procedure calls for the council to deal with the administration of the city through the manager/administrator. Of course, in the daily world of government, elected officials push the boundaries. City managers/administrators learn how to deflect these efforts, sometimes bluntly and other times more subtly. In cases of severe overstepping, the city attorney is expected to step in and counsel the elected official to back off. In cases that go beyond that, the city attorney can indicate that there is a violation of the charter and can explore legal options. Because violation of the charter is a misdemeanor and not a felony, such action would be unlikely to lead to the removal of the elected official, but any kind of legal action can be damaging to the councilmember. One could imagine an even more serious situation, in which, for instance, an elected official intervened in a city bidding process to steer a contract toward an ally or associate. This would undoubtedly violate more than the charter itself, and could lead to the kind of legal action that might lead to forfeiture of office. The district attorney, who can prosecute felonies, could initiate action. In both the appointed mayor and the directly elected mayor systems (but not in the strong mayor system), there is no separation between the mayor and the council. As a result, every limitation that applies to the councilmembers applies to the mayor as well. In the strong mayor system, by contrast, the mayor is not prevented from directing administration (either directly or through an appointed CAO), and the limitations on the mayor come from the council's ability to confirm appointments, to override vetoes, to vote on the budget, and to investigate executive departments. Under the appointed mayor system currently used in Huntington Beach, the mayor is included along with the council in the prohibition against interference with city administration. An appointed mayor spends more time with the manager/administrator than the other councilmembers, but is no more empowered to direct the city staff than another councilmember. My previous memo indicated that moving to a directly elected mayor does not add any formal powers to the mayor. Charter duties for directly elected mayors look quite similar to those for appointed mayors. The difference comes from the role of the directly elected mayor, which may carry broader community expectations than those for an appointed mayor. A directly elected mayor is likely to be in very close contact on a regular basis with the manager/administrator, and by virtue of having won a visible, citywide election, the mayor may be more proactive in wanting things to be done a certain way. One proposal might be to have the mayor automatically removed for violation of the non-interference rule. This would be quite unusual, in my experience. Because interference is a bit subjective, some neutral authority would be required to impose removal. The city attorney could be asked to play the role of judge, but this would be an awkward position for the attorney. The manager/administrator, however, may benefit from charter language that restates the limitations on the directly elected mayor in directing city staff. When a city changes from one form to another, it is appropriate to place some language in the charter to that effect in order to clarify roles. While this lacks the punch of automatic removal, it certainly leaves no doubt about appropriate conduct. There are several other limitations that are already in the charter or would be included in a charter with a directly elected mayor. The mayor would be subject to voter recall. In my view, a voter recall is more likely for a directly elected mayor than for an appointed mayor, who would be recalled as a councilmember. The visibility that enhances the role of the directly elected mayor might also make the mayor a more visible target for recall efforts. Also, if the mayor is convicted of (or if the Commission decides to add "pleads no contest to") a felony, removal would be automatic. There are various other ways to design the directly elected mayor to prevent a "runaway" mayor. The mayor may or may not have a vote in council (or perhaps only break ties). Limitations can be placed on mayoral staff, or such staff could be placed under the control of the city manager/administrator. The possibility of moving to a strong mayor system If the city adopted a directly elected mayor, would this simply be a way station on the road to a stronger mayor system? Some cities have moved from the directly elected mayor to a strong mayor system. Those cities have tended to be very large and the change to a strong mayor system has taken place after many decades of experience with a directly elected mayor. For example, San Diego adopted a five year experiment with a strong mayor system (due to be reexamined by the voters next year) after many years with a directly elected mayor without strong powers. The jump from the directly elected mayor to a strong mayor system is more than a shift in degree. It is a shift in basic design. The appointed mayor and the directly elected mayor have virtually the same powers, and they operate within the same basic council- manager system. They are together in one body, rather than separate. It is not an incremental step to go from the directly elected mayor to the strong mayor. There would have to be an explicit listing of powers (veto, appointment and removal of department heads, preparation of the budget), and it would likely be many years, if at all, before such an idea would emerge. However, a directly elected mayor is likely to be ambitious to complete projects and plans that will validate the public's expectations of leadership. Such a mayor would undoubtedly seek to expand his or her ability to get things done. Most likely these efforts would involve informal coalition building and public outreach. Term limits and other limitations such as on numbers of staff members can prevent such a mayor from building a long term "machine" or other mechanism to generate excessive power. Burlingame voters to decide whether to elect or appoint future city clerks By Mike Rosenberg San Mateo County Times Posted: 10/13/2009 07:11:10 PM PDT Updated: 10/13/2009 08:24:21 PM PDT BURLINGAME — While choosing their City Council members this November, voters also will decide whether to elect future city clerks. Measure I, if approved by a simple majority, would make the elected city clerk post an appointed position starting in December 2013. voters have shot down the same measure in three previous elections. The city clerk is elected to four-year terms and maintains city records, administers municipal elections, is responsible for revising the Burlingame conflict of interest code and fulfills other administrative duties. City officials say 13 of the county's 20 cities now appoint their clerks, and the issue has proved uncontroversial in other communities such as San Carlos, which is also asking voters to make its clerk appointed this November. Yet officials and community leaders are lining up on both sides of the issue in Burlingame — Councilwoman Terry Nagel and former Mayor Joe Galligan even debated the issue at a recent public forum. Four of the five City Council members, recent City Clerk Doris Mortenson and others say the position should be appointed, arguing it could save the city $32,000 in election costs and ensure qualified candidates fill the post. Currently, any registered Burlingame voter can run for the seat, and Measure I advocates say that is troublesome, as city clerk duties continue to increase in complexity. On the other hand, Vice Mayor Cathy Baylock, former Councilman Russ Advertisement Cohen, two former mayors and others say taking away the right to elect a city clerk would run counter to the ideals of American democracy. Elections are the only way to ensure the clerk is impartial and independent of council members and city department heads, allowing for checks and balances within City Hall, they contend. Mike Rosenberg covers San Mateo, Burlingame, Belmont and transportation issues. Reach him at 650-348-4324. League of Women Voters of California Education Fund SHARE ■' s San Diego County, CA November 4, 2008 Election Proposition Q Zoter Elected City Attorney Amendment City of Chula Vista Majority Approval Required ,ell Pass: 43017/58.841% Yes votes ...... 30094/41.16% No votes See Also: Index of aBl Pronposli tiong Results as of Jan 24 10:40am Information shown below:Impartial Analysis Arguments ILoca><News and Amiallysus Shall the Charter of the City of Chula Vista be amended to make the City Attorney an elected City Officer,sufficiently independent ABC 10 News Sari Diego of the Council and other City officials? Impartial Analysis from the City Attorney Political Coverage • NexGen Politics-interactive This proposition would amend Sections 500 and 503 of the City election information Charter to make the City Attorney an elected City officer. This KPBS San Diego Public proposition would also change the City Attorney's minimum Broadcasting qualifications, powers and compensation. ® Local and National Coverage The Charter currently authorizes the City Council to appoint the City _-_ e ---San Diego City Election Attorney, establish the salary for the City Attorney and remove the N Coverage City Attorney by majority vote.The Charter currently requires the City Attorney to be licensed to practice law in California and tli NBC San Diego establishes the powers and duties of the City Attorney. • Local and National Politics This proposition would make the City Attorney an elected rather Politically Speaking -local than an appointed City officer. The City Attorney would be coverage nominated and elected to a four-year term in the same manner and at the same election as members of the Council. The Council would ' San Diego Union Tribune establish the City Attorney's compensation, but such compensation could not be less than the median compensation of the city attorneys Attorney would-be elected if lan OK'd-10/9/08 of the six California cities whose populations are closest to the City's population, provided that three are higher and three are lower.The CityAttorney's compensation duringa term could only be reduced in This election is archived. Any y p y links to sources outside of Smart proportion to and as part of a general reduction of City salaries.The Council could only declare the City Attorney's Office vacant for Voter may no longer be active. specified reasons, and would be required to appoint or call an No further links will be added to election to fill such a vacancy, as specified. this page. Links to sources outside of Smart Voter are provided for information only and To qualify as City Attorney under this proposition, a person must be do not imply endorsement. a United States citizen, a qualified elector, and a California resident, licensed to practice law in California for at least seven years prior to assuming office. This proposition would also authorize the City Attorney to exercise discretion to commence or maintain legal proceedings, subject to Council's approval or ratification. It would delete a provision of the current Charter that authorizes the Council to control all City legal l business and legal proceedings. The proposition provides that, in addition to the Council and other City officers,the City Attorney shall advise all City boards, commissions, and other City agencies and render written legal opinions when requested in writing. The City Attorney would be authorized to employ experts and,when empowered by Council, special legal counsel. When the City Attorney has a conflict of interest in litigation involving another City office, such other officer could retain special legal counsel at the City's expense, upon the City Attorney's recommendation and with Council approval. This proposition clarifies that the City Attorney may remove unclassified City Attorney appointed officers or employees. This proposition does not limit the Council's budgetary authority regarding City Attorney supervised officers and <� employees. If this proposition is approved by a majority vote,the current City Attorney or successor would continue to be qualified to hold office under the current Charter and general laws until the next general election in June of 2010 and the first elected City Attorney would assume office for a four-year term commencing on the first Tuesday of December of 2010. Arguments For Proposition Q Arguments Against Proposition Q Chula Vista is becoming a major city in California. Say NO to City Attorney Politics in Chula Vista- Other major cities in the state have an elected City Vote No on Proposition Q Attorney and Chula Vista residents deserve the same type of independent representation. Chula Vista's City Attorney should be a qualified, unbiased professional, not a politician. Our local City An independent City Attorney, chosen by the people, Attorney should not be influenced by politics and will be free to fight unethical behavior and corruption campaigning. in city government and be independent of Mayoral or City Council influence. The City Attorney's responsibilities include giving impartial legal advice to our elected and city officials. It's time for an independent Chula Vista City Attorney That advice should be based on what's best for the to advise the City and act in the best interest of the City and its residents,not on a political agenda. We public.Unlike San Diego,the elected Chula Vista City elect a Mayor and City Council to set policy, not the Attorney will need Council approval to initiate City Attorney. lawsuits. When making decisions that shape the future of our An elected City Attorney would help stop the unethical city, we need a City Attorney whose only agenda is behavior, corruption and back room deals, like these: protecting the interests of the city and its residents. May 2005, the appointed city attorney helps We need to ensure that the City Attorney's only form the CVRC. Originally the mayor and City allegiance is to the City, and that fair, objective,and Council were members and most of them non-political advice are immune from special interests collected monthly stipends even though and political persuasion. meetings were not held. The stipend payments were later reimbursed because of public An elected City Attorney could cost taxpayers dearly, pressure. by making meritless accusations and legal maneuvers • May 2008, the appointed city attorney lets the without the consent of the City Council. city manager release a politically biased and unnecessary study prepared at taxpayer An elected City Attorney who has to deliver campaign expense. speeches, solicit campaign contributions, and make • July 2008,the appointed city attorney helps promises when seeking votes could be pressured by prepare a ballot measure to change the tax on politics and partisan fighting.A professional City utilities in Chula Vista. Drafted to sound like a Attorney advises the City Council, discusses proposed tax decrease,the measure actually would have legal strategies with them, and does his or her job in changed the definition of utilities to include the office,not in front of the camera. new taxes. Proposition Q contains NO requirements, August 2008,the appointed city attorney helps the city experience,or expertise in municipal law in order council meet behind closed doors concerning a to run for City Attorney. controversial power plant expansion.No action was reported, but a letter sent two days later from the City Proposition Q will not increase accountability or Manager's office supports the proposed expansion. reduce political influence. These are examples of the unethical practices and back It doesn't even require the City Attorney to live in room deals going on at City Hall because the City Chula Vista. Attorney is beholden to the City Council and Mayor for their job and salary. It doesn't require that the City Attorney have experience in city laws, and . . . The people need representation. Vote Yes on it doesn't have term limits! Proposition Q. Please join us and Vote NO on Prop Q. NORMA A. LARRY BREITFELDER CAZARES President, It's a big risk and a big mistake for Chula Vista. Educator Chula Vista Taxpayers Past President, South Association CHERYL COX JERRY R.RINDONE Bay Forum Mayor, Deputy Mayor, THERESA B. ACERRO City of Chula City of Chula Vista GERALD SCOTT President, Vista Retired Naval Officer Southwest Chula Vista Civic LOURDES VALDEZ Association RUDY RAMIREZ President, DELORES C. DEMPSEY Councilman, Chula Vista Chamber of President, Chula Vista Mobile Home Park Association City of Chula Commerce Rebuttal to Arguments For Vista GREGORY A. STEIN Vote No on Proposition Q! Vice Chair&Treasurer, San Diego County Taxpayers Association) Proposition Q will create more politicians and more 'Rebuttal to Arguments Against . politics! That's not good for Chula Vista. Is it a coincidence that the opponents of Proposition Q Prop Q was initiated by wealthy real estate landlord are the same people who stand to benefit from keeping Earl Jentz, who has already spent over$600,000 on the status quo, and who voted for hidden tax increases, campaigns to influence our city. Under Prop Q, his deceptively advocating them as a tax decrease? wealth could elect a City Attorney of his choosinjz to carry out his political agenda. At the direction of city politicians,the Appointed Prop Q will encourage unethical behavior and Chula Vista City Attorney has: corruption, not fight it. An elected City Attorney can attack political opponents and protect allies instead of o Repeatedly helped the Mayor and Council to protecting our City's interests. hide business behind closed doors • Worked against taxpayers this Summer,using Big contributors would have a huge stake in electing a deceptive language in an attempt to enact City Attorney favorable to their interests, making the hidden tax increases City Attorney less independent. • Helped shelter inappropriate employee behavior Elected City Attorneys don't make for better decision- • Ignored public document requests until taken to making! In San Diego, an elected City Attorney court approved the Chargers ticket guarantee, approved • Helped the politicians to secretly aid pension underfunding, and wasted millions on developers and special interests at the expense politically motivated lawsuits. of taxpayers Prop Q would allow an elected City Attorney to file It's time for a change! lawsuits without prior Council approval. We need a watchdog that is not afraid to act in the best Only 2%of California's cities have elected City interest of the residents. A Chula Vista Elected City Attorneys because most cities believe it doesn't work Attorney will be responsible to the voters, not the well. Mayor and Council. We should NOT replace a competent professional Proposition Q will increase accountability and the City municipal lawyer with someone who is simply good at Attorney's ability to do what's best for the city and its running a political campaign. residents. Prop Q has NO residency requirements and NO term Unlike San Diego, Chula Vista's elected City Attorney limits for the City Attorney. Currently, all Chula Vista would be required to receive approval from the City elected officials must live in the City and they cannot Council to initiate lawsuits.The City Council would serve more than two terms. retain authority over spending -to protect taxpayers and ensure proper checks and balances. We need competent legal advice to keep Chula Vista moving forward. The opponents of Proposition Q have no faith in our intelligence. We trust voters to elect a well-qualified We don't need more politics. City Attorney. Protect Chula Vista taxpayers. The real risk is failing to fix the broken system at City Hall. Please Vote NO on Prop Q. Please join us and Vote YES for Proposition Q CHERYL COX JERRY R. RINDONE Mayor, City of Chula Deputy Mayor, City of Chula LARRY BREITFELDER GERALD SCOTT Vista Vista President, Retired Naval Officer Chula Vista Taxpayers LOURDES VALDEZ, JIM BIDDLE,Treasurer Association DELORES C. President Chula Vista Taxpayers for DEMPSEY Chula Vista Chamber Responsible Planning II NORMA A. CAZARES President, of Commerce Educator Past President, Chula Vista Mobile GREGORY A. STEIN South Bay Forum Home Park Association Vice Chair& Treasurer, San Diego County Taxpayers THERESA B. ACERRO Association President, Southwest Chula Vista Civic Association Anaheim 346,823 elected charter mayor serves as one of five council Established by Ordidinance Chula Vista 231,305 elected charter mayor is a member of the council; no Mayor 60%of a Superior Court Judge. Council, special powers; city manager administers 40%of the Mayor's Salary. Not specified in Municipal Code (General 2008-Council$1,244.24 monthly Escondido 143,389 elected Law) Mayor$1,600 monthly to increase by ordinance. Pursuant to Section 36516, Council compensay is Fontana 188,498 elected mayor is a member of the council; no $1,170.00 per month and in addition to this sum the special powers; city manager administers mayor shall receive an additional $500.00 per _ month Set by Ordinance. Fremont 213,512 elected mayor is a member of the council; city Mayor$2211 monthly&Council$1407 set by Ord. manager administers +reimbursements. Set, and from time to time shall be changed, in Glendale 207,157 charter traditional council-manager government accordance with the provisions of the Government Code traditional council-manager government; $175 mo. by Charter plus expense allowance set Huntington Beach 201,993 charter council must approve removal of dept by Muicipal Code 2.28 and tied to CPI heads Irvine 209,806 elected charter mayor is on council; no special powers; city Compensation set by Council with approval by the _ Imana er administers voters. Modesto 209,936 elected charter mayor is on council; some limited powers Council Members $24,000&Mayor$43,200.00. similar to Stockton Set by Citizen Salary Setting Commission. mayor is a member of the council; no Pursuant to Section 36516, Council Compensation Moreno Valley 183,860 special powers; city manager administers has ben set at$1,101 monthlty+reimbursements. Can be adjusted by resolution. presiding officer, ceremonial head, no All Council$1644+ reimbursements. Adjustments Oceanside 178,806 elected by vote of Council take affect after at least one special powers member begins a new term. _ ..-�...�.-., �,_,�.,�...�..�.. ...�..._�.._. ,.._._ -.._,._, ..�. mayor is a member of the council; no �..Increases based on State Dept. of Finance certified Orange 140,849 elected special powers; city manager administers increases in population. 1989 Baseline$820 monthly for Council mayor is a member of the council; no Oxnard 194,905 elected None:specified in City Code - special:powers; city manager administers San Bernardino 205,493 � electedcharterfull-time mayor appoints city manager; veto Mayor receives 50%of the Superior Court Jude as (power. May not engage in other business of 7/2002. Council Members recive$600 monthly. Santa Ana 353,184 elected, ` charter mayor serves as one council member; no Citiy Council$125 monthly, $200 for the Mayor, special powers; city manager administers plus reimbursements. Power and duties set by Government Code Westminster �� 93,027 _.._.. elected sections 40601-40605 Follow General Law and set by ordinance. [�C��[100 G�� G�J�??OG3�D�� ° o � ° R� Cc;o •.�oj� Anaheim The elective officers of the City shall Mayor shall have the same rights, The members of the City Council, consist of a Mayor and four City Council members privileges, powers and duties as are held by including the Mayor, shall receive as elected from the City at large and at the times and members of the City Councif and shall be compensation for their services as such a in the manner provided in this Charter who shall regarded as a member of the City Council for monthly salary in such amount as serve for a term of four years and until their all purposes excepi 6 the extent expressly established in accordance with, and limited respective successors qualify. The term "City inconsistent with'anyotherprovision of this by,the provisions of law applicable to the Council,"'legislative body,"or other similar terms Charter or oth,er.,applicable law salaries of City Council members in as used in this Charter or any other provision of The Mayor may make a 66 second general law cities as set forth in Section law shall be deemed to refer to the collective body motions and'shall have a voice and°vote in all 36516 of the Government Code of the composed of the Mayor and four City Council proceedings,of the City Council. TheMayor State of California or any successor members unless such other provision of this shall be the official head_of,the City for provision thereto. In addition, each charter or other provision of law expressly provides ceremonial purposes.The Mayor shall have' , member of the City Council shall receive to the contrary or unless such interpretation would ;the primary, but not the-`exclusive, reimbursement on order of the City be clearly contrary to the intent and context of such-,- ':responsibility for communicating the policies, Council for Council authorized traveling other provision. programs,and needs-of the City government and other expenses when on official duty. No person shall serve as Mayor or as to the people, and as occasion requires, he In addition, members shall receive member of the City Council for a combined period mayinformg'the`people of any:'major change in reimbursement for itemized routine and of more than eight consecutive years .,For policy'or program The.May orshall perform ordinary expenses incurred in official duty purposes of calculating consecutive`years of such oer dutiesconsistent with hisor her or s th uch reasonable and Last Revised service pursuant to the limitation'of'this section,-. office as may;be prescribed" 4/30/2007 Page 8.adequate amount as consecutive periods of service as Mayor(other may be established by ordinance, which than periods where such person served-" amount shall be deemed to be concurrently as the Mayor and as a separately, reimbursement to them of routine and elected member of the City Council)shall be `�� d° ordinary expenses imposed upon them by combined with consecutive periods ofrservice as:> virtue of their service as members of the member of the City Council to determine the City Council. (Amended March 5, 1991, combined period of consecutive years of service filed by Secretary of State April 18, 1991.) which is subject to the limtation of this section. In addition, any period of servicel-resulting from -or, which (if the complete term of service were completed) could result from, anelection or appointment which period of sennce:commencet less than two years following the date;of completion of any prior period of service! y,such person shall be combined with such prior'ponod of service for purposes of determining the combined period of consecutive years of service of such person for purposes of this section. LINK TO THE CALIFORNIA GOVERNMENT CODE :http:// .leginfo.ca.gov/cgi-bintcalawguenl?codesection=gov&codebody=&hits=20 10/16/09 Page 1 Chula Vista No person shall be eligible for nomination and The Mayor shall be a member of the City The four Councilmembers shall receive, as election to the office of City Councilmember Council and shall perform:all the functions compensation for their services, forty or Mayor for more than two (2) consecutive and have all of the powers'aid rights of a percent(40%) of the salary of the Mayor. duly elected Councilmember. In addition to They shall receive reimbursement on order terms, and no person who has held a Council said powers and duties, tke Mayor shall have of the City Council for Council-authorized office for a period of two (2) consecutive the power and duty:,' travel and other expenses when on official terms or the office of Mayor for two (2) (1)to report.to the City Council annually and duty of the City. The City Council may consecutive terms, may again seek nomination from time to time on the affairs ofthe City and also provide, by resolution,for the and election to said offices of Council or to recommend for its consideration such payment,to Councilmembers of an as matters deemed expedient, and allowance of a sum certain per month to Mayor respectively until a period of one (1) (2)to be the official head;of the City for all,, reimburse them for the additional demands year from the termination of the second term political and-ceremonial purposes and to b" and expenses made upon for Councilmember or Mayor has elapsed; '.'.recognized by the oldurts,for the purpose of and incurred by them in serving as provided, however, that any person who is serving civil process,-for the signing of all Councilmembers. appointed by the Council to fill the office of '-legal:instruments and`documents, and by the Governor for emergency purposes, and The Mayor shall receive an annual salary Council or Mayor may not seek nomination (3) in the time of:public danger.or emergency, equivalent is 66% of the salary of a Judge and election to said offices of Council or ,:. the Mayor,with the consent of the Council, of the Superior Court of the State of Mayor until a period of one year from the;,. "t and forsuch period as the,council may fix, to California. The Mayor shall also receive take command of the police;maintain order termination of the appointed term has elapsed:: reimbursement on order of the Council for Said appointee shall be eligible to seek and enforce the law, and Council-authorized travel and other (4)to assume the primary, but not the expenses when on official duty out of the nomination and election for two (2) full terms ;.exclusive responsibility, for interpreting to the City. The City Council may also provide, thereafter. Any person-ielected in,a speciat'. - people the policies, programs and needs of by resolution, for the payment to the Mayor election for the balance of a regular„term of the Cify government and for informing the of an allowance of a sum certain per Mayor and/or Council for a period of two (2) people of any major change in policy or month, as reimbursement for the additional program. The Mayor may represent the City years or less may seek nomination and election demands and expenses made upon and many and all matters involving other for two (2) full terms th incurred by the Mayor. thereafter. incurred agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula Vista unless - duly authorized or ratified by the City Council, and (5)to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and (6)to supervise the operation of the LINK TO THE CALIFORNIA GOVERNMENT CODE :http://www.leg info.ca.gov/cg 1-bin/calaWg uenl?codesection=gov&codebody=&h its=20 10/16/09 Page 2 mayor/council office and personnel assigned thereto, and (7)to perform such othereduties consistent with the office as may 6`'iprescribed by this Charter or delegatecl,:i&tf e.Mayor or imposed on the Mayor by�the-City Council if not inconsistent with,the provisiors:of this Charter, and_- (8)to exercise the full-time function-"as Mayor of the City during the usual business hours that the offices_of the City;are open, and such other hours and times asshall be necessary;n., to discharge in full the'"duties imposed upon -.' fh' Mayor. Fontana General Law City—Municipal Code does not specify`,.General Law City Municipal Code does not As allowed in Government Code§ specify` 36516, each member of the council shall receive as salary the sum of$1,170.00 per month and in addition to this sum the mayor shall receive an additional$500.00 per month in accordance with Government Code§ 36516.1,which shall be payable at the same time and in the same manner as the salaries are paid to other officers and " .., employees of the city. K The salaries prescribed in this article are exclusive of any amounts payable to � each member of the council as reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the city. LINK TO THE CALIFORNIA GOVERNMENT CODE :httg://www.leginfo.ca.gov/cgi-bin/calawcluenl?codesection=gov&codebody=&hits=20 10/16/09 Page 3 Fremont No mayor who has served terms comprising No special powers specified. Each member of the council other than eight consecutive years as mayor shall be qualified the mayor shall receive a salary of one for further service in that office until he or she has thousand four hundred and seven dollars a break in service in that office of at least four per month. years. (b) The mayor shall receive a salary of No councilmember who has served terms two thousand two hundred eleven dollars comprising eight consecutive years as a per month. councilmember shall be qualified for further service (c) The salaries of the mayor and in that office until he or she has a break in service council members shall be paid semi- in that office of at least four years. monthly beginning November 6, 1996. (d) The mayor and council members shall receive a benefit of four hundred fifty dollars per month which may be applied to medical, dental, life insurance or other health and welfare benefits made available by the city to City of Fremont employees. Any unused portion of this four hundred fifty dollar benefit may not be carried over to a subsequent period and may not be paid out in cash to the mayor or council member at any time.All benefits would terminate with the elected official's term with the exception of retirement benefits. The salaries prescribed for councilmen [above] are and shall be exclusive of any - amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him in the 4tperformance of official duties for the city. Glendale The officers of the City of Glendale shall be five.(5) Mayor Generally. Choose one(1) of its (a) Compensation and increase in members of the council, a city`6ssessor a city.t6x members as presiding officer, to be called compensation of council members. collector, a city manager, a director of, mayor.The mayor shall preside over the Compensation for council members is administrative services, a cityclerk, a'cit sessions of the council, shall sign official hereby set, and from time to time shall be Y,r r W g treasurer, a city attorney, a director of~public works, documents when the signature of the council changed, in accordance with the schedule a city engineer, a maintenance services '' `' or mayor is required by law, and he shall act and procedure for adjustment applicable to administrator, a building official, a chief of police as the official head of the city on public and the City of Glendale set forth in the and a fire chief. ceremonial occasions. He shall have power provisions of the Government Code to administer oaths and affirmations. relating to salaries of council members in LINK TO THE CALIFORNIA GOVERNMENT CODE :htt2://www.leginfo.ca.gov/cgi-bin/calawguery?codesection=gov&codebody=&hits=20 10/16/09 Page 4 . `: �4� � .[►�J�OG3°�3 D�rO�f3 � o � - o �t`�llr C��(�Jr general law cities. The compensation of council members may also be increased during the terms of their respective offices by vote of the electors. Huntington The elective officers of the City shall consist of At the Council meeting at:which any The members of the City Council Beach a City Council of seven members, a City Clerk, Council member is installed°..following any including the Mayor shall receive as a City Treasurer and a City Attorney, all to be general or special municipal.election,and compensation for their services as elected from the City at large at the times and at any time when there is a vacancy in the such a monthly salary in the sum of in the manner provided in this Charter and who office of Mayor,the City Council shah One Hundred Seventy-five Dollars per shall serve for terms of four years and until meet andshall elect one of its members month. In addition, each member of the their respective successors qualify. Subject to as its presiding officer,who shall have`the City Council shall receive the provisions of this Charter,the members of title of Mayor The Mayor may make and: reimbursement on order of the City the City Council in office at the time this second motions ai shall have a voice Council for Council authorized traveling Charter takes effect shall continue in office and vote in all its proceedings.The Mayor and other expenses when on official until the expiration of their respective terms shall be the official head of the City for all duty upon submission of itemized and until their successors are elected and c'iemoniat"purposes, shall have the expense accounts therefor. In addition, qualified. Four members of the City Council primary but not the exclusive, members shall receive such reasonable w.. shall be elected at the general municipal responsibility for interpreting the policies, and adequate amounts as may be election held in 1966, and each fourth year,--, programs and.needs:of<;the City established by ordinance,which thereafter.Three members of the City Council- government to the people;and as amounts shall be deemed to be shall be elected at the general municipal occasion'requires, may inform the people reimbursement to them of other routine election held in 1968, and each fourth year -of any major change in policy or program; and ordinary expenses, losses and thereafter. No person_shall be elected as'a_ .-and shall perform such other duties costs imposed upon them by virtue of member of the City Co,unc'il for more than:two consistent wif the office as may be their serving as City Councilmen. consecutive terms arid no person who has`" prescribed,.byihis Charter or as may be been a member for more than two years;of a "imposed by the City Council. The Mayor term to which some other person was elected a shall serve in such capacity at the member shall be elec. the City Council, pleasure of the City Council. more than one further consecutive term t.; Irvine The City Council, hereinafter termed"Council" The Mayor, in addition to serving as Compensation for Council member is shall consist of a Mayor and four(4) Council the presiding officer of the Council, shall have hereby set, and from time to time shall be members elected to office from the City t l aarge'n all of the rights, powers and duties of a changed, in accordance with the the manner provided in this Charter.The"Mayor Council member and shall be a member of provisions of the Government Code shall serve a term of two(2)years. No Mayor shall the Council. relating to salaries of Council members in serve for more than two(2) consecutive full terms general law cities. Such compensation in office. Other than as set forth herein, eligibility may be increased or decreased other than for office, compensation, vacancies and the filling as set forth above by an affirmative vote of of vacancies shall be the same for the office of a majority of the voters voting on the LINK TO THE CALIFORNIA GOVERNMENT CODE :http:l/www.leginfo.ca.gov/cgi-bin/calawguepl?codesection=gov&codebody=&hits=20 10/16/09 Page 5 Mayor as provided for the office of Council member proposition at any election. by this Charter. The term of office for a Council member shall be four(4)years. to- : 1 LINK TO THE CALIFORNIA GOVERNMENT CODE :httl2:/h .leginfo.ca.gov/cgi-bin/calawraueey?codesection=gov&codebody=&hits=20 10/16/09 Page 6 Cal Modesto The Mayor shall be the President of the The annual salary of the Mayor Council and shall preside at all its meetings shall be forty-three thousand two hundred and perform such other°duties consistent with dollars ($43,200.00), pursuant to the his office as may be imposed by the Council recommendation of the Citizens'Salary or by vote of the people:'He shall be entitled Setting Commission. In accordance with to, and must vote ;.but shall possess no veto Section 703 of the Charter, the Mayor's power. He shall be recognized as the official compensation and appropriate benefits head of the City for all ceremonialpurposes shall be reviewed by the Citizens' Salary by the:coirtsfor the purpose of serving civil Setting Commission biannually, and a process and by the Governor for military recommendation made to the City Council purposes In:the time of public danger or-, as to the appropriate compensation.The emergency,_he,,may, with the consent of the-,,, annual salary shall be payable from and Council, take command.of the police, after the operative date of the ordinance at maintain order and=enforce laws. the same time and in the same manner as .The Mayor shall preserve strict order and the salaries are paid to other officers and decorum'atall regular and�;special meetings employees of the City. of the Council. Me shall state every question The annual salary of each '„ coming before`'the Council, callfor the vote, member of the City Council, except the announce the.decision of the Council on all Mayor, shall be twenty-four thousand subjects and i5ecide all questions of order, dollars($24,000.00). In accordance with subject, however, to an appeal to the Council, Section 703 of the Charter, the in which event a majority vote of the Council Councilmember's compensation and shall govern and conclusively determine such appropriate benefits shall be reviewed by 'question of order. He shall sign all ordinances the Citizens' Salary Setting Commission adopted by.the Council during his presence. biannually, and a recommendation made In the event of the absence of the Mayor,the to the City Council as to the appropriate ;Vice-Mayor shall sign ordinances as then compensation. The annual salary shall be 'ado opted. p payable from and after the operative date r of the ordinance at the same time and in the same manner as the salaries are paid ` to other officers and employees of the City. Moreno General Law City-Not Specified in Municipal Code General Law Dity-Not Specified in Municipal Pursuant to Section 36516 of the Valley Code California Government Code, as amended, compensation shall be paid to each member of the city council in the amount set forth in the schedule of such section. More particularly, the amount of compensation to be paid monthly to each LINK TO THE CALIFORNIA GOVERNMENT CODE :htfp:/twww.leginfo.ca.gov/cgi-bin/calawguery?codesection=gov&codebody=&hits=20 10/16/09 Page 7 .- member of the city council shall be in the sum of one thousand one hundred one dollars ($1,101.00). The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city; and, accordingly, each member of the council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the city, pursuant to the provisions of Section 36514.5 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the city council. LINK TO THE CALIFORNIA GOVERNMENT CODE :httl):// .leginfo.ca.gov/cgi-bin/calawguery?codesection=gov&codebodv=&hits=20 10/16/09 Page 8 Oceanside General Law City-Not Specified in Municipal Code General Law Dity-Not Specified in Municipal (a) Salary. From and after the Code commencement of the first regular pay period following the date established pursuant to subsection (b) the members of the city council shall receive a salary of one thousand six hundred forty-four dollars ($1,644.00) permonth in accordance with the provisions of Section 36516 of the California Government Code. (b) Adjustments. The city council may by . ordinance adjust the salary of its members a' pursuant to Government Code Section 36516 provided however that any adjustment to increase the salary shall become payable only on and after the date upon which one or more members of the council becomes eligible therefore by virtue of beginning a new term of office following the next succeeding general municipal election held in the city, and then all members of the council shall be entitled to the adjustment. (c) Reimbursements. The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by that member in the performance of official duties for the city. d) Waiver. Any member of the council may waive all or any part of their salary by filing a written notification of waiver with the city treasurer. The waiver may be rescinded at any time, but such rescission shall operate prospectively only.Any salary waived by a council member shall be placed into the general fund. LINK TO THE CALIFORNIA GOVERNMENT CODE :hftR:/fwwwr.leginfo.ca.gov/cgi-bin/calawguerv?codesection=gov&codebodv=&hits=20 10/16/09 Page 9 Orange Term and Powers set in the Municipal Code not General Law City: 2.08.020 Increase in Salaries. the Charter GOV CODE 406011., In the absence A. Upon certification of population No person shall serve more than three of the mayor, the mayor pro tempore shall increase by the State Department of consecutive two-year terms as Mayor. No person exercise the powers granted in this chapter. Finance that the population of the City has who has served more than five consecutive years a increased in an amount which authorizes 40602 Tine'mayor,shall sign: an increase in salaries, the City Council as Mayor, whether appointed or elected, may a All warrants drawn on the city treasurer. serve an additional consecutive term as Mayor O Y shall consider the effect of such population (b)All writtencontracts and conveyances increase and shall determine whether to made or,entered into by the city increase salaries of Councilmen to the (c)All'mstruments requiring the city;seal. extent permitted by any formula The legislative body may provide by established by state law. ordinance that4he instruments described"in'->, B. Notwithstanding any Council (a), (b) and (c)�be signed°by an officer other— compensation formula contained in the '.than the mayor provisions of 36516 of the California 40603 He'rriay administer oaths Government Code or other State law, the and,affirmations, take affidavits, and certify Council hereby determines to study from them under his-hand. time to time the compensation of Council 40604 He may acknowledge the members and shall from time to time execution of:all instruments executed determine whether to adjust the by the aty and required to�tie acknowledged. compensation of Council members to the 40605. In general law cities where extent authorized by State Law. the office of mayor is an C. in accordance with the authority of Subsection (C) of 36516 of the California v elective off"' pursuant to Article 5 Government Code, the City Council commencin 'with Section 34900 ( g ) authorizes the compensation of Council of Chapter Z of Part 1 of Division 2 of Title 4, members to be increased from its present >: the mayor, with the approval of the city level of $600 per month to $690 per ":council, shall make all appointments to month. boards, commissions, and committees unless D. Each member of the City Council shall otherwise specifically provided by statute. receive the sum of $690 a month. This � salary is payable beginning January 27, 1989, and is payable at the same time and in the same manner as the salaries paid to each of the officers and employees of the City. E. Salaries exclusive of reimbursement. The salaries prescribed by this chapter are exclusive of, and in addition to, any other amount payable to a member of the LINK TO THE CALIFORNIA GOVERNMENT CODE :httg:/twww.leginfo.ca.gov/cgi-bin/calawguerb?codesection=gov&codebody=&hits=20 10/16/09 Page 10 . s T O Council as reimbursement for actual and necessary expenses incurred by him in the performance of his official duties. (Ords. 44-88; 41-85; 41-84) 2.08.030 Compensation. A. Each member of the Orange Redevelopment Agency shall receive the sum of $120.00 a month, based on attendance at four meetings of the Agency each month. The salary shall be charged to the Redevelopment Agency as follows: 20% to Fund 910; 40% to Fund 920; and 40%to Fund 930. This compensation shall be payable beginning October 13, 1989, and is payable at the same time and in the same manner as the salaries paid to each of the Officers and employees of the City. Oxnard General Law, none identified in City Code General';,' not specified i'n`tfieir City Code General Law, not specified in their City Code „4 Y San There shall be elected at its general, The Office of Mayor shall be a full The Office of Mayor shall be a full time Bernardino election in 1996 and every fourth year thereafter, position and the incumbent shall not position and the incumbent shall not engage in an business, professional or four members of the Common Council, one each engage in any business, professional orY p from the Third, Fifth, Sixth and;Seventh Wards;;; occupational activities which interfere with the occupational activities which interfere with who shall have been qualified electors and discharge of the duties of such office. the discharge of the duties of such office. residents of their respective wards fortat least,,hhy Effective January 1, 2003, the annual salary Effective January 1, 2003, the annual (30) consecutive days next preceding the date.of of the Mayor shall be set at fifty percent salary of the Mayor shall be set at fifty filing of their nomination papers for the offi,cekand (50%) of the salary for a Superior Court percent(50%) of the salary for a Superior who shall be elected by the qualified electors of Judge, County of San Bernardino, State of Court Judge, County of San Bernardino, their respective wards, a City Attorney, City Clerk California, as of July 1, 2002, and shall State of California, as of July 1, 2002, and and City Treasurer elected at large who shall hold thereafter be adjusted and implemented shall thereafter be adjusted and office for terms of four years from and after the first 1 January 1 of each subsequent year at the I implemented January 1 of each LINK TO THE CALIFORNIA GOVERNMENT CODE :httR://www.leginfo.ca.gov/cgi-bin/calawgueEy?codesection=gov&codebody=&hits=20 10/16/09 Page 11 Monday in March and next succeeding their same fifty percent(50%) figure of the salary subsequent year at the same fifty percent elections. for said Superior Court Judge then in effect (50%)figure of the salary for said Superior There shall be elected at the general on said January 1 date Court Judge then in effect on said January election in 1998 and every fourth year thereafter, a The Mayor shall`preside at all 1 date. Mayor who shall be elected at large for a term of meetings of the Common Council, but shall four years commencing on the first Monday in not be entitled to'vote except in the event of a The Council Members shall each receive March next succeeding such election. tie. In the absence of the Mayor.=from any an annual salary of six hundred dollars Council meeting,the Common Council may ($600.00), payable monthly. choose one of their own number to preside over that'meeting who shall retain the right to vote upon all questions under consideration, and shall haUe;lthe same^power to disapprove, any order made by the Common Council, and'` Kith. ike effect as the�Mayor would have had <. cif present,at this meeting,",however, that member shall not have the ability to cast an additional vote_in,the event-,,of;a tie. Santa Ana The City Council shall consist of se ven (7) �The mayor shall be a member of the Each member of the City Council shall members elected at the times and m the manner City Council and shallpreside over the receive as compensation for his or her provided in this charter, each of whom, except for ;, meetings of the City Council. The mayor shall services as such a monthly salary in the the mayor, shall serve a term of four(4),years. The' have voice and vote in all of the City Council's sum of one hundred and twenty-five term of each member shall begin at 6:00 p m. on :proceedings and shall be recognized as head dollars ($125.00). The member elected to the second Tuesday of December,following " 'of the City government for all ceremonial fill the office of mayor shall receive the certification of election results;and each shall purposes The�naayor shall have no additional amount of seventy-five dollars serve except as otherwise provided form this adminis`tratie duties but shall perform such ($75.00)for each month said member charter, until his or her.successor is elected and Mother dutie's'as may be prescribed by this shall fill the office of mayor. Further, each qualified. Each office of councilmember shall.be a charter, or imposed by the City Council, member of the City Council shall receive separate office and, except for the mayor, one (1) consistent with his office. reimbursement for required travel and of such offices shall be assigned to each of the The mayor shall be elected by the other expenses while on official business wards of the City. Candidates=for each office of .- voters of the City at large at each general of the City as authorized and approved by councilmember other than the mayor shall be municipal election in November of even- the City Council. nominated from such ward by the eie'tors of such numbered years for a two-year term Absence of a member of the City Council ward and candidates for mayor shall tie,nominated commencing on the same date as the terms from all regular and special meetings of by electors of the City, but all councilmen-, rs of other council members elected in such the City Council during any calendar shall be elected by the vote of the electors of the year. No person may be a candidate for month shall render him or her ineligible to City at large. mayor and a candidate for any other office on receive the monthly salary for such a A person who has served three(3) consecutive the City Council in the same election. In the calendar month unless by permission of terms of four(4)years each shall be eligible for I event an incumbent City Council member I the City Council expressed in its official LINK TO THE CALIFORNIA GOVERNMENT CODE :http://www.leginfo.ca.gov/cgi-bin/calawguerv?codesection=qov&codebodv=&hits=20 10/16/09 Page 12 0 t appointment, nomination for or election to the other than the mayor is elected mayor such minutes. office of councilmember(regardless of wards other office shall become vacant at the time represented by that person during such period) no he or she assumes office as'mayor and the sooner than for a term beginning eight(8)years City Council shall calla special election to fill after completion of that councilmember's third the vacancy. consecutive full term. 5r, x Westminster General Law City General ,,aw ity Each member of the city council shall Pursuant to Section 36503 5 or,;any Not specified,in Municipal Code receive a salary as required by ordinance successor provision, of the California Government Mayor's powers are set under the in conformance with state law. (Ord. 2118 Code, the general murncipal election for all elected �state„Government Code sections 40601- § 1, 1989; Ord. 1932 § 1, 1981; Ord. 1853 city officers shall be consolidated wrth.ahe 40605 (See,theCity of Orange above) §6, 1978: prior code§2207) statewide general election on the first Tuesday after the first Monday of,November in each even vi numbered year. There be an elected mayor, who shall serve a two-year term. There shall be four elected councilmembers vuho shall each serve a four-year term. (Ord. 2362 §°`4 2003) LINK TO THE CALIFORNIA GOVERNMENT CODE :hft2:ltwww.leginfo.ca.gov/cgi-bin/calawguery?codesection=gov&codebody=&hits=20 10/16/09 Page 13 CALIFORNIA GOVERNMENT CODE: Council/Mayor Compensation 36514.5. City council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. 36515. The compensation of a city councilman appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated. 36516. (a)A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be determined by the following schedule: (1) In cities up to and including 35,000 in population, up to and including three hundred dollars($300) per month; (2) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars($400) per month; (3) In cities over 50,000 up to and including 75,000 in population, up to,and including five hundred dollars($500) per month. (4) In cities over 75,000 up to and including 150,000 in population; up to andncluding six hundred dollars($600) per month. (5) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars($800) per month. (6) In cities over 250,000 population, up to and including one thousand dollars($1 000):per month. (a) For the purposes of this section the population"shall be determined by the`la§t;preceding federal census, or a subsequent census, or estimate validated by the Department of,,Finance.,:.: � (b)At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may lie;submitted to theelectors. If a majority of the�blectors voting at the election favor it, all of the council members shallreceivethe compensation specified in the election call. Compensation of council members may be increased beyond the amount,provided in this section or decreased below the amount in the same manner. (c) Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of:the.increase may not exceed an amount equal to 5 percent for each calendar year from,the operative date of;the last adjustment:of the salary in effect when the ordinance or amendment is enacted. No salaryordinance-shall be enacted or amended"which provides for automatic future increases in salary. ti, _a(d) Unless specifically authorized by another statute, :city council may not enact an ordinance providing for compensation to city,,council members'in;excess of that,authorized by the procedures described in subdivisions(a)to(c), inclusive. For the purposes"of_this__section, compensation,includes payment for service by a city council member on a commission, committee, board;authority, or similar body'on which the city council member serves. If the other statute that authorizes the compensation does not specify,the_amount of compensation, the maximum amount shall be one hundred fifty dollars($150) per month for each commission',committee, board, authority, or similar body. (e)Any amounts paid by a cityJ60 retirement;,health and welfare,and federal social security benefits shall not be included for purposes of,determining salary under'this section provided the same benefits are available and paid by the city for its employees. (f)Any amounts paidby a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for.purposes of determining salary pursuant to this section. 36516.1. A mayor elected pursuant to Sections 34900 to 34904, inclusive, of the Government Code may be provided with compensation in addition to that which he receives as a councilman. Such additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election. 36516.5. A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office. LINK TO THE CALIFORNIA GOVERNMENT CODE : http:/ .leginfo.ca.gov/cgi- bin/calawg uery?codesection=gov&codebodv=&h its=20 10/16/09 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Description of Duties The City Clerk is the local official for elections and working with the City Attorney monitors local legislation,the Public Records Act,the Political Reform Act, and the Brown Act(open meeting laws). Before and after the city council takes action,the City Clerk ensures that actions are in compliance with all federal,state and local statutes and regulations and that all actions are properly executed, recorded, and archived. The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow. The Office of the City Clerk is a service department within the municipal government upon which the City Council,all City departments, and the general public rely for information regarding the operations and legislative history of the City.The City Clerk serves as the liaison between the public and city council and provides related municipal services. Responsibilities As an Elections Official,the City Clerk administers Federal, State and Local procedures through which local government representatives are selected.The Clerk assists candidates in meeting their legal responsibilities before,during and after an election. From Election pre-planning to certification of election results and filing of final campaign disclosure documents,the City Clerk manages the process which forms the foundation of our democratic system of government. As a Legislative Administrator,the City Clerk plays a critical role in the decision-making process of the local legislature.As the key staff for Council meetings,the Clerk prepares the legislative Agenda,verifies legal notices have been posted or published, and completes the necessary arrangements to ensure an effective meeting.The Clerk is entrusted with the responsibility of recording the decisions which constitute the building blocks of our representative government. As a Records Manager,the City Clerk oversees yet another legislative process;the preservation and protection of the public record. By statute,the Clerk is required to maintain and index the Minutes,Ordinances and Resolutions adopted by the legislative body.The City Clerk also ensures that other municipal records are readily accessible to the public.The public record under the conservatorship of the City Clerk provides fundamental integrity to the structure of our democracy. Sister Cities. Anjo, Japan • Waitakere, New Zealand (Telephone:714-538.5227) California Elected City Clerks 1. Alturas 45. Fairfield 89. Placerville 2. Angeles Camp 46. Fillmore 90. Pleasant Hill 3. Antioch 47. Firebatigh 91. Plymouth 4. Arcadia 48. Fontana 92. Portola 5. Arroyo Grande 49. Galt 93. Rancho Cucamonga 6. Atascadero 50. Gardena 94. Red Bluff 7. Atwater 51. Glendale 95. Redding 8. Auburn 52. Guadalupe 96. Redlands 9. Azusa 53. Hawthorne 97. Redondo Beach 10. Baldwin Park 54. Hermosa Beach 98. Rialto 11. Banning 55. Huntington Beach 99. San Anselmo 12. Barstow 56. Imperial 100.San Bernardino 13. Beaumont 57. Indio 101.San Bruno 14. Belmont 58. Inglewood 102.San Carlos 15. Benicia 59. Lone 103.San Clemente 16. Blyth 60. Isieton 104. San Gabriel 17. Brawley 61. Jackson 105.San Pablo 18. Burbank 62. La Mesa 106.Santa Clara 19. Calexico 63. Laguna Beach 107.Santa Maria 20. Calipatria 64. Lawndale 108.Santa Paula 21. CampbeIl 65. Loomis 169.Seal Beach 22. Carlsbad 66. Los Banos 110.Sierra Madre 23. Carson 67. Loyalton 111.Signal Hill 24. Cathedral City 68. Lynwood 112.Sonora 25. Ceres 69. Maricopa 113.South Gate 26. Clearlake 70. Martinez 114.South Lake Tahoe 27. Cloverdale 71. Maywood 115.South Pasadena 28. Coachella 72. Monrovia 116.South San 29. Coalinga 73. Montebello Francisco 30. Colton 74. Monterey Park It 7.Suisum City 31. Colusa 75. Morgan Hill 118.Sutter Creek 32. Compton 76. Mount Shasta 119.Taft 33. Concord 77. National City 120.Tehachapi 34. Corning 78. Oakdale 121.Tehama 35. Covina 79. Oceanside 122.Torrance 36. Crescent City 80. Ojai 123.Tracy 37. Daly City 81. Ontario 124.Tustin 38. Dorris 82. Orange 125.Vacaville 39. Dunsmuir 83. Orland 126_Wasco 40. El Centro 84. Oxnard 127.West Covina 41. El Monte 85. Paso Robles 128.Westmorland 42. El Segundo 86. Perris 129. Williams 43. Exeter 87. Pittsburg 130.Winters 44, Fairfax 88. Placentia 131.Yreka 132.Yuba City ®range County Cities are in bold type City of Huntington Beach- Class Specification Bulletin Pagel of 2 CITY CLERK Class Code: 0017 CITY OF HUNTINGTON BEACH Established Date:Jul 1,1986 Revision Date:Nov 11,2007 SALARY RANGE $64.80-$80.28 Hourly $5,184.00-$6,422.31 Biweekly $11,232.00-$13,915.00 Monthly $134,784.00-$166,980.00 Annually DESCRIPTION: DUTIES SUMMARY The City Clerk is responsible for recording and maintaining a full and true record of all proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose. Conducts annexations and city elections.Administers oaths and takes affidavits and depositions pertaining to the affairs and business of the City. DISTINGUISHING CHARACTERISTICS EXAMPLES OF ESSENTIAL DUTIES: Prepares minutes for each City Council meeting and certifies to their authenticity and correctness. Maintain separate books, in which shall be recorded respective all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a corrected copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with the Charter. Maintain separate records of all properly indexed and open to public inspection when not in actual use. Acts as custodian of the City Seal. Administers oaths or affirmations, takes affidavits and depositions pertaining to the affairs and business of the city and certifies copies of official records.Acts as ex offcio assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of 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. Conducts all city elections which includes providing for polling places and advising candidates of the requirements of State election laws. Interprets City Council and administrative policies and procedures to the public and city employees. Performs other duties consistent with the City Charter as may be required by ordinance or resolution of the City Council. Performs other related duties. The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification.The City, at its discretion, may add, modify, change or rescind work assignments as needed. TYPICAL QUALIFICATIONS: Any combination of education,training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. Knowledge of: Ability to: Education: A typical combination includes: http://agency.governmentj obs.com/huntingtonbeach/default.cfm?action=specbulletin&CI... 10/15/2009 City of Huntington Beach-Class Specification Bulletin Page 2 of 2 Experience:Three(3)years of relevant work experience which demonstrates record management skills and practice of administrative procedures. License: Valid California Driver License. PHYSICAL TASK & ENVIRONMENTAL CONDITIONS: Work involves detailed concentration for long periods of time in a modified office environment and sitting for extended periods. Employee accommodations for physical or mental disabilities will be considered on a case-by-case basis. LICENSES &CERTIFICATIONS: Valid California Driver License. http://agency.govermnentj obs.com/huntingtonbeach/default.cfm?action=specbulletin&CI... 10/15/2009 City Treasurer — City of Huntington Beach Overview of the Position Charter Review Commission Meeting October 20, 2009 Overview of the Position • History • Duties and Responsibilities/Public impacts • Oversight on Treasurer position • Innovative Public services z History Position is a Charter Officer for City since 1909 • Over 37% of cities have elected Treasurers, currently the highest percentage of any elected office in State, next highest % is Clerk at 31 • Treasurer is an office in all general law cities and almost without exception in chartered cities • State law mirrors charter section 311 duties and also names Treasurer as investing officer for surplus funds • Administrative position versus Legislating position — .Clerk and Treasurer can't have term limits in General Law cities under current State law 3 Duties and Responsibilities Duties which directly benefit and impact the public financially — Protection of Public Funds • By State Law, Charter and Municipal Code — Collection of Public Funds • By Charter and Municipal Code — Disbursement of Public Funds • By Charter 4 Duties and Responsibilities • Protection of Public Funds — Investment of Public Funds • Treasurer is responsible for all investing activities, provides monthly report to Council to approve and directly accountable to public for investing results • Allowed investments are established by State Law and Investment Policy (approved by Council) • Focused on Objectives: Safety, Liquidity, then Yield in investment selection and investment returns - independent from City pressures for revenue and investment selections s Duties and Responsibilities • Protection of Public Funds — Receipt, Deposit and Custody of Public Funds • Directly accountable to public for the receipt of all public funds (over 750,000 cashiering transactions annually for over $300 million). • Treasurer ensures that proper internal controls are in place so that funds received from the public are deposited timely and accurately. The position is an independent check and balance for the public and the City. The Finance Department does all reconciliations checking the work of the treasurer Treasurer ensures that funds placed with the City for safekeeping are in approved financial institutions to protect any public funds from loss • Treasurer is custodian for all cash & performance bonds & assures that these are released back to vendors/individuals timely, once approved for release by Council/Department 6 Duties and Responsibilities • Collection of Public Funds — Receive and collect all taxes, assessments, fees and other revenues • Monthly contact with over 50,000 Huntington Beach Households from Utility statements and miscellaneous receivables invoices (False alarms, Fire inspections, Hazmat Spills, Public property damage, liens, Civil Citations, etc). When a citizen perceives there is a problem with receiving/processing payments for their bill timely, they call the Treasurer • Contact is daily via in-person, telephone calls, customer letters, receipt of checks and remittance stubs, website payments, AutoPay applications, e-mails, Pipeline requests, eBill requests • Treasurer provides high level of customer service and listens to customers and makes changes in processes and payment options as needed Duties and Responsibilities • Collection of Public Funds cost. is Treasurer collects all funds using various tools and may write-off uncollectible items requiring various approval levels — An elected Treasurer is an impartial mediator in billing disputes, ensures policy is consistently applied to all customers and input is received both from City and customer before making collection decisions — Ensure that if City erred in process, that is considered in any decision — Treasurer handles many of these every month ensuring that the public gets a voice on billing disputes and then updates processes, as warranted, to ensure integrity and equality of system and maintenance of high customer service levels a Duties and Responsibilities • Collection of Public Funds cont. • Responsible for deciding payment options & payment technology to implement and costs to public, if any • Treasurer currently offers on-line & IVR payments by credit card (soon by eCheck) with no cost for Utility services and certain miscellaneous receivables • Treasurer offers AutoPay for Utilities services at no cost • Over 45% of Utility customers receipts are processed electronically at no cost to customer from City • Many cities only offer on-line payment only with a added convenience fee or don't offer on-line payments yet • Treasurer has requested additional technology to offer add'I payment options to continue to improve service to the public 9 Duties and Responsibilities • Disbursement of Public Funds — Treasurer pays out funds after ensuring disbursements have all proper approvals — Treasurer processes over 60,000 checks annually including 60% of them electronically • Treasurer interacts closely with vendors requesting that they receive payments electronically and has an application on-line for this feature. Technology to allow for e-mailed remittances to be able to "Go Green" completely on payments is pending. • Treasurer works closely with bank to prevent fraud on the City's bank accounts using a variety of protections — Treasurer ensures that the City has the liquidity to make payments — Treasurer's goal is to get all funds to proper payee, and not escheat any funds 10 Oversight of Treasurer — City Council appoints a member to the Investment Advisory Board to provide oversight to Treasurer and Council • Annual Report required by Investment Advisory Board — Board reviews monthly reports prior to being provided to Council — City's Financial Audit by an External Auditor • Separate Management Report of any Material Weaknesses — The Finance Dept reconciles all accounts providing an additional check and balance on the Treasurer — Investment Policy requires monthly investment reporting to Council, Administrator & Director of Finance — Investment Delegation annually by City Council to Treasurer when Council approves Investment Policy — Deputy City Treasurer qualifications in job specification • Similar to Appointed Treasurer qualifications in Cities 11 Innovative Public Services • Treasurer Website is exclusively to provide customer service to the public (including customers and vendors), features include: — Payment options and description of various City services — Investment Report Monthly and Investment Policy — Unclaimed checks information annually — Tax Receipts Charts (major revenues of City) — AutoPay Utility program & application — eBill Utility program — Municipal Statement Inserts — Vendor ACH Application • Public outreach at various City events — Promote cost effective "Green" receipt and disbursement options 12 To: Honorable Commissioners of the Charter Review Commission From: Jennifer McGrath,City Attorney Date: October 6, 2009 RE: My statement to the Orange County Register dated 9/10/09 I strongly believe the elected offices of City Attorney, City Clerk and City Treasurer should remain elected. As independently elected officials, each position is immune from inappropriate pressure and can better protect the community and the General Fund by establishing checks and balances with the policymakers. Both the Clerk and Treasurer have been elected positions for nearly 100 years. The City Attorney has been an elected position for over 40 years. Currently, all three elected officials are accountable to the electorate. Dilution of the right of the people to vote does not lead to better government. Under the current system, the City Clerk ensures transparency and the availability of the public records that belong to the citizens. The City Treasurer is able to receive and invest monies on behalf of the City to ensure the best possible return on investment and protection from inappropriate use of funds. And lastly, the City Attorney provides objective legal advice to avoid illegal or improper decisions. None of the previous Charter Review Commissions have recommended that the City Attorney become appointed. No initiative from the public has ever raised this issue either. Ironically, the only people that have placed this issue on previous ballots are current and/or former council-members. Lastly, each time the voters were given an opportunity to make the City Attorney position appointed, the voters have rejected the opportunity. As for the City Attorney specifically, over 55% of the voters in the State of California are represented by an elected City Attorney. As of November 2008, the following Cities have elected City Attorneys: Albany, Chula Vista, Compton, Huntington Beach, Long Beach, Los Angeles, Oakland, Redondo Beach, San Bernardino, San Diego, San Francisco and San Rafael. In fact, the voters of the Chula Vista elected to create an elected City Attorney as recently as November 2008. The ballot argument supporting the Chula Vista measure stated that "An independent City Attorney, chosen by the people, will be free to fight unethical behavior and corruption in city government and be independent of Mayoral or City Council influence." COMMISSIONER BIXBY'S PROPOSALS® Attached is information submitted by Commissioner Mark Bixby that relates to the Charter Sections scheduled for the Commission's October 6 Meeting. The Charter Sections scheduled for October 6 are: 300, 3029 3049 3059 3069 309, 310, 311 , & 600 which relate to the city's elected offices REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 SUBMITTED TO: HB Charter Review Commission SUBMITTED BY: Mark D. Bixby, Charter Review Commissioner SUBJECT: Amend charter section 300 (City Council, Attorney, Clerk and Treasurer Terms) to provide for appointed attorney and treasurer, but to retain an elected clerk. Statement of Issue: Convert certain elected officers to appointed. Recommended Action: Motion to: Amend Huntington Beach charter section 300 as follows: • Change city attorney to be appointed or removed by the city administrator subject to approval by the city council under existing charter section 401(a) but also subject to recall by a vote of the electors • Change city treasurer to be appointed or removed by the city administrator subject to approval by the city council under existing charter section 401(a) but also subject to recall by a vote of the electors • Keep city clerk as an elected officer • Structure the charter revision ballot to split off all elected-to-appointed changes as separate ballot items Analysis: The city attorney and the city treasurer both serve city hall nearly exclusively rather than the public and thus should be converted from elected to appointed positions. The city clerk however has evolved critically important public-facing responsibilities in addition to serving as council record keeper and so should remain an elected position answerable to the public served by the clerk. During the 10 years I have lived in Huntington Beach, the city clerk has been the biggest driver of municipal transparency and provides some of the best public customer - 1 - 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 service of any city department. Key public-facing responsibilities of the city clerk currently include: • Creation and distribution of city council agendas that surpass most other cities for detail and quality. • Creation and distribution of city council minutes essential for retaining historical perspective. • Internet publication of council agendas, minutes, audio, and video. • Collection and distribution of campaign finance disclosure statements, and partial Internet publication of these statements. • Collection and distribution of economic interest statements. • Internet publication of nearly the entire city clerk historical record archive via the SIRE system. • Serves as an impartial election official, with an unbiased approach to the candidacy process. • Serves as an impartial office for individuals to file claims against the city, and for the serving of summons. • Conducts public outreach efforts centering on education as to the public's right to access their records, election information, and voter registration. Furthermore, the city clerk's department is willing to assist other city departments in migrating to the SIRE electronic document management system, which offers the possibility of even greater transparency to benefit the public. If the city clerk were appointed rather than elected, changing priorities at city hall could be imposed on the city clerk resulting in lessened transparency that would be harmful to the public. The inherent politics of appointed positions could also result in reduced impartiality. Whereas if the city clerk continues to be an elected official, the clerk would have to answer directly to the public at election time for any lapses in transparency or impartiality. The public's leverage at election time is the last defense on behalf of transparency and impartiality. Thus it is my strong preference that the city clerk remains elected. An examination of city election history from 1913 to present (see attached) shows that the topic of converting the elected attorney, clerk, and treasurer to appointed positions keeps coming up again and again and again. A sampling of associated ballot arguments (see attached) shows that the current and former councilmembers -2- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 at the time were often highly split over these measures. And every time these measures are submitted to the electors, they go down to defeat: • Measures to convert the attorney have been defeated 7 times • Measures to convert the clerk have been defeated 4 times • Measures to convert the treasurer have been defeated 5 times Clearly Huntington Beach voters have their minds set on this issue. And it is my opinion that the current extreme antipathy towards state and national politicians makes it extremely unlikely that the voters will change their minds in 2010 and relinquish electoral control over these three city offices. So what should be done to improve the chances of success if the charter review commission (and the city council) wants to move forward with these conversions? One idea that should be considered is that even though these may be converted to appointed positions, the public should be given the right of recall to still be able to exercise control if an appointment turned out badly. This was actually done in the 11/05/1968 election measure to convert the attorney to appointed, but still it was defeated. But this may simply have been due to voter fatigue, since just seven months earlier on 04/09/1968 there was yet another election at which the appointed attorney, clerk, and treasurer all went down to defeat. And four years earlier on 11/03/1964 yet another appointed attorney measure went down to defeat. Sol suspect the voters were just tired and didn't want to deal with it any more. My recommendation to the commission is that any conversions to appointed positions try again by making them subject to recall by the people in order to increase the chances for adoption. But even providing for recall may not be enough to convert these positions to appointed, given the long electoral history of defeats. Including these conversions within a single charter revision measure that replaces the entire charter could likely prove to be a "poison pill" that would doom the entire charter revision to defeat. Fortunately the historical record provides a solution for avoiding the "poison pill" problem. The 1978 charter revision effort largely revised the entire charter. But in recognition of the controversial nature of several amendments, including -3- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 converting the attorney, clerk, and treasurer to appointed, the ballot for the 06/06/1978 election (see attached) was very cleverly organized. The main measure on the ballot was for replacing the entire charter except for the controversial sections amended in subsequent measures on the same ballot. This proved to be a wise decision, because the main measure passed to revise nearly the entire charter, and all but one of the controversial auxiliary measures went down to defeat. I strongly recommend that the commission adopt a similar ballot strategy for any controversial issues if possible. Attachment(s)• • City elections summary (1913 to present) • 06/06/1978 ballot measures • 06/06/1978 ballot arguments • 11/06/1984 ballot arguments • 03/26/1996 ballot arguments -4- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 City Election Summary 1913 t® Present -5- 9/26/2009 4:19 PM Election Type Result Summary 7/15/1913 proposition adopted -''` ":' °'' park/music/advertising tax 4/13/1914 proposition adopted board of trustees meeting a 12/28/1915 proposition adopted bonded debt limit 4/10/1922 proposition adopted- ,_, board of trustees month) a 8/21/1922 proposition defeated ordinance 209 amendment 4/12/1926 proposition adopted ordinance 209 amendment establishing business &residential districts 11/16/1926 proposition adopted ordinance 209 amendment 4/9/1928 proposition adopted city council month) a 4/14/1930 proposition defeated business district boundary than e 4/14/1936 proposition adopted exceed 5% limit to construct a beach pavilion 4/14/1936 proposition defeated construct a beach bowl 4/14/1936 proposition defeated civil service for police &fire 4/14/1936 proposition jadopted municipal waters stem 11/3/1936 initiative canvass missing business licensing 4/29/1937 proposition adopted charter adoption 4/29/1937 proposition defeated council districting 8/3/1937 proposition adopted .: elected city judge &city attorney 8/3/1937 proposition adopted elected police chief 4/12/1938 proposition adopted park construction debt 9/27/1939 proposition defeated municipal waters stem debt 11/21/1939 proposition ado ted charter amendment to create board of education 4/14/1942 proposition adopted charter amendment-city council meetings 4/14/1942 proposition adopted charter amendment-appointee qualifications 4/14/1942 proposition adopted charter amendment-vacancy appointments 4/14/1942 proposition adopted charter amendment-public works contracting 4/14/1942 proposition adopted - charter amendment-special taxes 4/14/1942 initiative defeated close dance halls between midnight and 8AM resolution 898 4/9/1946 proposition adopted charter amendment-public works contracting 4/13/1948 proposition defeated charter amendment-council-manager form of government 4/13/1948 proposition adopted ";, charter amendment-general law 4/13/1948 proposition adopted- charter amendment-canvassing 4/13/1948 proposition adopted charter amendment-city council meetings 4/13/1948 proposition adopted charter amendment-ordinance publication 4/13/1948 proposition ado ted>F` charter amendment- mayor vacant 4/13/1948 proposition adopted charter amendment- public works contracting 4/13/1948 proposition adopted,,- charter amendment-special taxes 4/13/1948 proposition ado ted, charter amendment-franchises 11/2/1948 proposition defeated charter amendment-department of public service 11/2/1948 proposition adopted-'= charter amendment-appointed city judge 11/2/1948 proposition adopted '" °° repeal ordinance 396 business license tax 9/14/1954 proposition adopted, water bond 4/8/1958 proposition defeated city council month) a 4/8/1958 proposition defeated appointed chief of police 4/8/1958 proposition I defeated ap inted city attorney 6/9/1959 referendum Idefeated ordinance 706 (zoning Ian defeat of a referendum means the ordinance was not adopted] 4/10/1962 proposition adopted city council month) a 4/30/1963 proposition adopted water bond 11/3/1964 proposition defeated charter amendment-appointed city attorney 11/3/1964 proposition defeated charter amendment-appointed police chief 8/10/1965 proposition defeated charter amendment-districting and elected mayor 1/11/1966 proposition adopted new charter 4/9/1968 proposition defeated charter amendment-appointed city attorney 4/9/1968 proposition defeated charter amendment-appointed city treasurer 4/9/1968 proposition defeated charter amendment-appointed city clerk 11/5/1968 proposition defeated park bond 11/5/1968 proposition defeated library bond 11/5/1968 proposition defeated charter amendment-appointed city attorney with recall 6/3/1969 proposition adopted Park bond 11/3/1970 proposition defeated charter amendment-elected mayor 11/3/1970 proposition jadopted charter amendment-public works contracting 11/3/1970 proposition ladopted charter amendment-general obligation bonds 11/3/1970 proposition adopted charter amendment-elections 6/6/1972 proposition adopted water fluoridation 6/6/1972 proposition defeated charter amendment-compensation for city council, city clerk, city treasurer 11/6/1973 proposition defeated charter amendment-appointed city attorney 11/6/1973 proposition defeated charter amendment-appointed city clerk 11/6/1973 proposition Idefeated charter amendment-appointed city treasurer 11/5/1974 proposition canvass missing replace real property transfer tax with monthly trash charge and increased utilities tax 5/27/1975 proposition adopted charter amendment-real property transfer tax to require voter approval 11/2/1976 proposition adopted charter amendment-city council 3/4 vote required to levy tax or fee takes precendence due to larger n� 11/2/1976 proposition adopted charter amendment-city council 5 votes required to enact tax or revenue raising measure 6/6/1978 proposition adopted new charter 6/6/1978 proposition adopted charter amendment-city council term limits 6/6/1978 proposition defeated charter amendment-city council compensation 6/6/1978 proposition defeated charter amendment-appointed city attorney 6/6/1978 proposition defeated charter amendment-appointed city clerk 6/6/1978 proposition defeated charter amendment-appointed city treasurer 6/3/1980 advisory canvass missing shall the state dedicate 2 cents of the 6 cent sales tax for local agencies? 11/2/1982 proposition adopted charter amendment-consolidate municipal general election with statewide elections in November 11/6/1984 proposition defeated charter amendment-remove term limits 11/6/1984 proposition defeated charter amendment-appointed city clerk 11/6/1984 proposition defeated charter amendment-appointed city treasurer 11/6/1984 proposition jadopt6d charter amendment-city clerk additional minimum qualifications 11/6/1984 pro osition I adopted . charter amendment-city treasurer additional minimum qualifications 11/8/1988 initiative-. defeated Citizen's Sensible Growth and Traffic Control Initiative 11/6/1990 initiative z adopted charter amendment-Measure C park protections takes precedence due to larger number of votes rece 11/6/1990 proposition adopted charter amendment- ark/beach sale restrictions 3/26/1996 proposition defeated charter amendment-appointed city treasurer 3/26/1996 proposition defeated charter amendment-appointed city attorney 3/26/1996 advisory defeated ark/beach/s orts/senior parcel tax 11/5/1996 advisory defeated sports-related parcel tax 11/5/1996 proposition defeated Murdy Park enhancements 11/5/1996 proposition adopted Huntington Central Parksports complex 3/7/2000 'initiative defeated build houses instead of WalMart at Crest View School site 3/7/2000 advisory adopted use WalMart sales tax to fundsports and other activities 11/7/2000 proposition defeated power plants(AES)to pay utility tax 11/7/2000 advisor adopted utilitv taxes paid by power plants to fund infrastructure improvements 3/5/2002 initiative adopted charter amendment-forbid rent control 3/5/2002 proposition adopted. charter amendment-establish infrastructure fund 3/5/2002 advisory adoptedpower plant utility taxes directed to infrastructure fund 3/5/2002 proposition defeated repeal the Gas Tax exclusion for electric power plants 3/2/2004 initiative defeated charter amendment-city council districts 11/7/2006 proposition adopted senior center REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 06/06/1978 Ballot Measures -6- 9/26/2009 4:19 PM RESOLUTION NO. 4603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING, CALLING, PRO- VIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 6, 1978 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY MEASURES CON- CERNING A REVISED CHARTER AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE The City Council of the City of Huntington Beach does hereby resolve, declare, determine and order as follows : SECTION 1. That a special election be held and the same is hereby called to be held in said city on June 6, 1978, for the purpose of submitting to the qualified voters of said city a proposition to appear on the ballot as follows : Rest of page .not used. 1. be MEASURES SUBMITTED TO VOTE OF VOTERS PROPOSED CHARTER AMENDMENTS } t 1 A Shall the existing charter, with the exception of the provisions mentioned ' YES in Propositions B through F on this ballot, of the City of. Huntington Beach' be repealed and in place thereof shall the proposed charter provisions approved by the City Council on ' NO January 30, 1978, be adopted? t r r t i � B Shall Section 500 of the existing ' YES city charter be amended to provide that no person shall be elected to the Council for more than two consecutive ' NO terms? t r r t 1 e C Shall Section 502 of the existing city charter be amended to provide that the compensation for the Mayor ' YES and the City Council members be set in accordance with a sliding scale based upon the population of the city so that compensation may vary from a minimum of $400 per month to a maximum of $600 per month, and further pro- ' NO r r viding for reimbursement of certain specified expenses in addition to such monthly compensation? t t r } } r D Shall Sections 500 and 703 of the existing city charter, which now pro- ' YES vide for the election of the City Attorney by the qualified voters of 2. Y the city at large, be amended to pro- vide that the City Attorney be appointed by the City Administrator ' NO with the approval of the City Council? r f f f r f E Shall Sections 500 and 704 of the existing city charter, which now pro- ' YES vide for the election of the City Clerk by the qualified voters of the city at large, be amended to provide that the City Clerk be appointed by the City Administrator with the ' NO approval of the City Council? f f f F Shall Sections 500 and 705 of the r r existing city charter, which now pro- ' YES vide for the election of the City Treasurer by the qualified voters of the city at large, be amended to pro- vide that the City Treasurer be appointed by the City Administrator ' NO with the approval of the City Council? f f f il i I 3. additional notice of said election in time, form and manner as required by law. SECTION 6. That the City Clerk shall certify to the pas- sage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an_adj burned -regu-lar. meeting.-:held ori_ th:e 13th day of March, 1978. Mayor Pro Tempore ATTEST: APPROVED AS TO FORM: City Clerk D ty ity Att REVIEWED AND APPROVED: City Administrator Res. No. 4603 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly. elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the . . 13th day of March 19_2g_, by the following voter AYES: Councilmen: Bartlett. Coen. Gibbs, Shenkman NOES: Councilmen: Siebert ABSENT: Councilmen: Wieder, Pattinson i City Clerk and ex-officio Clerk . of the City Council of the City of Huntington Beach, California REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 06/06/1978 Ballot Arguments -7- 9/26/2009 4:19 PM s�t. #�`.:Q',, -" a �?.a�E`+^`b'3`S -�,w.k'�t{7= `u. 3ri ,`".N;,;�, �, r.,.'k; {I'.,r.�'rpa'II j � .'1 ✓r: �', ? i �. r.„� 4 ti/ st {r�,,tt, t i �F�hn"•.6,•�5r"yy,�i tisXg�;, ,b ar f;$?.,,, iA9.a +4 r.3:,,#f rst4YY'��f#''"w.`.a;y.,Ati.=5 i_,'; t . , ;-:: 41 ,k;r�,xaA�e"�,a AR4'UMENT IWFAVOR'OPPROP�SITION F' s` s#Yy�x+ ��''�x��Ap As part of.our report to the City Council, the Charter Revision Committee : ,.,,�,ri,;,w recommended that the Ctt Charter be amended.to}ncrease the, monthly. Section 500 CI!£'Yr iGC�UNCIL, ,c0L;ERK ,AND 2 y TREASURER ;TERMS'.;The;,eteohve officers,of the.City,shall;consist of a compensation of Members of the City Council from$175,00 to$40.66 and, City Council of`seven'members;a;City:Clerk;:'and a;Cit Treasurer:'s a to eliminate the past practice of fixed .nionthl,y 'expense repayments of_. y ' Gilt Atterney�all�to be ele'ted.fr:m"A e'City of large at the times and in the $125;00 per month which:was.established by Ordinance. Our committee felt mariner provided,in this Charter and who shall serve for'terms of four years . that an increase in the compensation,was warranted by(1)the increase 'the ;. and until their respective successors qualify: time now required by the work of the members of.the city council', and(2)a 92.3% increase in the cost of living—since the: charter provision on Subject to,the provisions of.'this.Charter, the five'members of the City compensation' was last amended in 1966. :The city has grown from a Council in office,at the.time this,Charter takes effect shall continue in office population of 40,000 to over 160;000 today. The council members are now until the expiration.of their respective teens and until their'successors are virtually required by their workload to function in the:same manner as a elected and,qualified', And-,.shall constitute the City Council until two board of directors would manage a large corporation, with a $53,000,000 additional members'are elected'as.,hereinafter provided. Four members of, budget; 2,171-employees and administering a substantial number of projects . the City Council;shall be elected at the general municipal'election held in funded by Federal,.:State'.and other governmental agencies. April, 196Ei, and each:fourth'year:thereafter: Three members of the City. In order to provide that the council member's compensation could be Council shall be elected at the general municipal election held in April, 1968, increased as the duties and demands of the position Increase,our Committee and each fourth year thereafter.' felt that tying the compensation to the increase in population size was a good In the event:this.Charter shall. not take.effect in time to..elect four compromise between unlimited authority to set salaries by the council itself b. members of the�City Council at the general municipal election held in April, and a fixed salary too'low to attract qualified candidates fbr the council, 1966, and only two members of the City Council are then elected, a special Our Committee believed the council members should be reimbursed for z election,shall be called and held not,less than sixty(60)nor more than ninety (90),days after the effective date.of this Charter to elect two,additional their legitimate out-of-pocket expenses incurred while on city business, The members of the City Council for the remainder of.the terms expiring in April, amendment would permit reimbursement for actual expenditures upon 1970: presentation of the appropriate vouchers. I The Charter Revision Committee recommends a 'Yes vote'on Proposition r Subject to:the`provisions of this Charter, the City.Clerk; and City F. " i. Treasureraa4464y ter in'office'at the time this Charter takes effect,. shall continue in office until the expiration of their'respective terms and the.. HAROLD S, BAUMAN ualification of their successors: :A Cit Clerk and Cit Treasurer;shall.be �. Chairman, Charter' Revision Committee elected at the general municipal:election held in April, 1666,and each fourth ' year thereafter:�4 slrell<-be sleeted� �8f 6; a�eaek+, ;• ARGUMENT AGAINST PROPOSITION '` feu i year thereat . :;. None Filed � ( } The term of each member of the.City.Council, the'City Clerk,-and.the City T a� ##e shall m o the first r,r.. following his election. Tip s in v�o i g among'candida es for office's Monday M hall be t settled by the casting of lots me Section 703-1. . CITY.�ATTORNEY:.There shall be a City Atto y appointed by.the City-t4dministrator with the.approval of the City Council' 30 31 ' t{u- �I k {R.�A t,_{'ip, }X ?'ht: ,k"Y•" v�" ff{5 d rlG'r��9Ls ,�Y'� a'): y� �a• iy�sRt�^. ,'.xa� �$• 'x�9� t F �fz�ii�,'f:'t-'a`;�f r' tb$E. '7b.• y„ 5 ,N.y'G� k.,:1;.•_,i .A'.{ "ds':�` Spy "a' -`� i + + crux .. ebbs Mk${i�xJq, N j��,�6� O.y9�2.r�` q 1.>xg ��..p.+Vn { Section 703-2.: CITY ATT®)Ei1VEY: :.POWERS `AND DUTIES. CBTVxAT�6®RBrEi'1E1� R81�L 43eeerne -aftd femme eligfhie'-fer G" �-the ,persen eleeted er ' s ` OF!P�®�6' 0Ti®N Q' eppeinted shall be on cdter ey.at ,40 fieen N� as's"iINder'Ehe lai+xse€ the State of�,-aod slta$ltav+ehee tH the d eagag'e�' aetiee-of4a+�ifa. The existing City Charter provides for the election of the City.Attorney' t-kisSteie4wet4esst4hfeeyeaff p' Fw'4el�iseleetieeera�terit.The City by the qualified''voter s of-the City at large;The proposed'amendment would . Attorney shall have the�pewerresponsibility and may be required to: provide for the appointment of the-City Attorneybythe City Administrator ' (a) Represent and advise the City Council and all City officers in all with the approval of the City Council matters of law pertaining to their offices; (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of city ordinances and such Shall Sections'500 and:703 of the 'existing city state misdemeanors as the City has the power to prosecute, unless otherwise charter, which.now provide for,the'election of the YES provided by the City Council; ; City Attorney by the.qualified.voters of the.city at large, be amended to provide. that the City (c) Represent and appear for the City in any or all actions or Attorney be appointed by the City Administrator' NO proceedings in which the City is concerned or.is a party,and represent and with the approval of the.City.Council?; appear for any city officer or employee,or former city officer or employee,in ' any or all civil actions or proceedings in which such.officer or employee is concerned or is a party for any act arising out of city employment or by r. reason of official capacity; r (d) Attend all regular meetings of the City Council,unless excused,and give advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City; (e) Approve the form of all contracts made by and all bonds, and insurance given to the City,endorsing approval thereon in writing; (f) Prepare any,,and all *proposed ordinances and City Council t " resolutions and amendments thereto; . (g) Devote such time to the duties of the office and at such place as may " be specified by the City Council; (h) Perform such legal functions and duties incident to the,execution of . �. the foregoing powers as maybe necessary;. t{ (i) Surrender to 44s,saeeesser all books, papers, files, and documents pertaining.to the City's affairs to a duly qualified successor.' t Z y M f n3 ., , t]V 32 ,�. tide r ✓5 �S+�A I,�S.Y t Me`;{. r.,t i't ':;i P +!" '',I nk '�,h'�Ja „t"': 4..':+� ,k � Is���rv�,d.' .,tc.a; ��,r,,,,;^�SS'•5p�. ;€ ,, s#r :,}y.,^�"t � . F�' � 4,_ �� -. ,�,c. ,:•y !ks.e',,,a`,k .,yid...t:.As 4 'k; rl,'rq�-r�R. >' ar �,k; r"�`s° ,:, �r pp� �+®�/ v�? f �ai +a>:f iW,,. Yi7? BYi,:ir,/A1 0 0 l�R0Pd81T10N, s' t r r..$ a r.; fl9°ri�c4Lf'�® ��®UMNTkA�A@�d�'�� 1 RE® • .. f..,?•k't{ k ri S '3 ; j L 1sx'_^. ,i 1. i 'S t A 1: i Efficient government requires a YES ,vote on Proposition. G. The City Proposition`G City Attorney ; Charter should be.amended to provide for the appointment,rather than the t election, of the City Attorney to ensure that the most highly qualified The City Attorney NOT a watchdog.• His:purpose.is to provide:legal' applicant gets.the job. advice to your City officials You`„elect the:City,Couneil to represent you and' be the "watchdog" of governmental affairs, not the City Attorney. The City of Huntington Beach .has a council-administrator form of government. This system combines the.political leadership of,elected officials It is impossible fora City Attorney:to be a"rubber stamp." He cannot be told in the City Council with the managerial experience of the,City _ to write a legal opinion supporting a particular point of view; the law and Administrator. The Council sets policy and 'hires the Administrator and legal precedents are fact and cannot be changed..The Council does not want 's a biased report when it requests'a legal opinion; the Council wants the truth supervises his performance; the Administrator recruits and hires the City staff, and carries out the Council's policies. so the'City will.not end.up in court with costly lawsuits. The City Attorney is a department head responsible forgiving legal advice to The Council does NOT want a'"yes man" as City Attorney. The. Council the City Administrator and City Council; this position should, therefore, be only wants to ensure that the Attorney will',be capable of'giving good,sound, appointed by the City.Administrator with Council approval, through merit correct legal advice to the Council,and staff: " system procedures (advertising, applications, interviews) as are other ,All City offices are open to the 'public, whether the department head is department heads. The City Attorney is not a policy making position and appointed or elected. The City Couneil..wants it that way and State law should not be an elected official. Only through the appointment procedure requires that it.be.that way. can the City be assured of having a competent legal'advisor. The vast, majority of City Attorneys in California are appointed; Huntington Beach is Of the 417 incorporated cities in California, less than 10 still have elected' one of the few cities left in California to have this outdated elective office. City Attorneys. Let's modernize our City and make sure we have an expert City Attorney, Vote YES,on Proposition G. An election does not, measure an attorney's technical knowledge or Councilman ALVIN M. COEN competence; it only measures his ability to run a successful campaign, In' Councilman TED W. BARTLETT addition, an election gives the incumbent four years of"tenu&" in which he Councilman RON SHENKMAN cannot be dismissed for incompetence; as can other appointed employees Councilwoman NORMA BRANDEL GIBBS when cause is shown. In conclusion,.it is in the best interests of the taxpayers of Huntington Beach to vote YES on Proposition G so that the most highly qualified attorney will be giving legal advice to your'government officials. City Council: ALVIN M. COEN RON SHENKMAN TED W. BARTLETT NORMA BRANDEL GIBBS , OA fy' > FM•,h;,1 t7y<SJt ' �kk w ls: f rx1 4 U`t t � 44, 4.1 / 4 t s ' `..S y hfdr"3.p r t�u�.�,'i�'� "Y' l :�u��i; $ .. ..tto.r•P�•�'r,,,4, • , rt. rt ,- .. ..4, �-.,.r:• ..�... a,v 7rj,;SY �`'�,�}x'r�A st t.n�.:j'+�,'�,a:i? ,.0 ✓?.�."".a t' •�'>..,'k..- • .i 'r=i,Q ,�'a"I�.v#r:;i�;F' wh� ,i<'�.a��.:�.,s.�� :.r1•�t..ex2.:s;,, y{ra,4{;�,;�ri.tM.i , Fe:.'�t,._yj�,,j , .. k -s {.^a°!�•"�' -&�y„�-j. j.r�f.�.�-'14`tn� a t,',t u f�<' .r. �t�e����'� i,Y��',a'�r,.�{`, ��,i e,.s,�c,�C,: �q g 2�t�i + . . . a g m f• J�>sv.�,l��'[`'.."a� "3.`+;�4 t�;the lt ..i.y '�#!>w`yia d'�M1k'.sii Y f ,ht a• I ARQUMENT.A4ABNi'P':PR®P®OOTION ® . :. ° � •., ': I y 1 F t i.. $1, i 4�. I !t r�'ra'.y i f ::�+i.5 I 1 ' . This 'proposition was 'soundly trounced at the polls FOUR times ' because you knew it was bad. Why is the citycouncil t :DON T BE DECEIVED trying again? 'VOTE ;NO `ON PROPOSITION G y °You have the RIGHT to elect your City Attorney. An elected City Attorney is responsible to the people, but if the city council is allowed to / Eighteen months ago', the City Council :appointed seven men.and women, all volunteers, to.;a Charter Revision.Committee: The Committee appoint its own "yes man" or, yes woman," it would disrupt our American was charged with the responsibility of drafting a new Charter which-would system of checks and balances, and invite abuse of power. " be submitted to the.'voters for:adopt;<on' "The City Attorney is the WATCHDOG. Is it reasonable to have the The Committee worked diligently for one year-They studied the elected. watchdog controlled by those he is watching? • versus appointed. City Attorney: issue in 'depth and .their final *Do .you want another bureaucrat? An elected City Attorney is recommendation was to retain the City Attorney.as an elected official. The responsible and responsive to' you, the electorate. An appointed City Committee's reasons were: Attorney becomes a bureaucrat,,loyal and responsible to the city council. He 1. To guarantee the,independence and objectivity of the City Attorney; becomes a RUBBER STAMP for the council. Is that what you want? 2. Because they understood the'.need for the City Attorney to act as a *The City Attorney must be INDEPENDENT in order to give ; ; check and balance to,the .City Council as a means of protecting the OBJECTIVE legal advice to the council. If he is.the PUPPET of the council, rights of the,people;.and he may only give the advice the council wants to hear.And that may NOT be 3. To preserve an independent voice in the city hall who could stand up in the peoples' best.interestl for the people against possible arbitrary and illegal actions of the City Council. . "An elected City.Attorney keeps an OPEN OFFICE. He is always concerned with your inquiries'and problems. His door will always be open to When the Committee's recommendations came before the Council, it you, If the City Attorney is an appointed bureaucrat, he will not have time took the Council thirty seconds to.reject the Committee's proposal. for you. Why??. *The city council wants a CLOSED city hall. It wants CONTROL of the Because the City Council wants to control the City Attorney and make' City Attorney as well as the City Treasurer,and City Clerk you now have. him their "rubber stamp..`' If this happens; you will lose the protection you VOTE NO TO THIS FIFTH ATTEMPT TO REMOVE.YOUR RIGHT TO now have by an independent and-uncontrolled.City`Attorney;and you will. VOTE FOR A RESPONSIVE'CITY ATTORNEY. have gained.another appointed`bureaucrat KEEP THE HUNTINGTON BEACH OFFICE OF CITY ATTORNEY llON'T BE DECEIVED ELECTIVE, VOTE "NO`ON;PROPOSITION G VOTE NO ON PROPOSITION G. 'COMMITTEE TO.PRESERVE AND COMMITTEE TO PRESERVE AND PROTECT ELECTED GOVERNMENT PROTECT ELECTED GOVERNMENT ROBERT L'$WITH WARREN G. HALL MARY.AILEEN`MATHEIS ROBERT L. SMITH WARREN G..HALL DECATUR DILDAY DECATUR DILDAY MARY ARLEEN,MATHEIS DON:P 'BONFA DON.P. BONFA 36 : 37 r #g.� , �( z 9 ;?y`�w,�+ .u, # H�J {�" roxnuy`• !nv , b:,,,.:'Nt Y , ?g,y{'.&.i.r.*. ��f'�` ..��°• i'!T ,a. .d. �,.,"e,#.�,�Y..,1 j, _ ...� .,j�?'';@^>,'lnr��,••. k�3 `}�'k �'�`ivBA'�.;t ,.a''�x...�',,n?'t'�i,fac#,,.�a».� r T�.'.'.K;?fi t��� ]•,.:! �tV� e�j��r} �y1"�t' 4 "+, �7 .�r�Y 5�, _ 1• ,�r¢, s i a<1� 'PR0P®�838ON:H Section 704 2� CY717�'�YYClry+p�$111C.�P.OwERSI�ANIh�,�EDUTIES ttrThSe'CitY 1 :... ik\,��; Clerk shall have the owerh and 811 Melrequir�d Section 500. CITY COUNCIL, ATTORNEYS &CAI& AND " � TREASURER. TERMS. The .elective officers of.the City shall consist of a {a) Attend'all meetingsr�bf;theity Council, unless excused, and be City Council of seven members, responsible for the recording and mamtaipmg;of a iull'and true record"of all y Giy filerka City Treasurer and a City of the proceedings of the books thatshall bear a 'ry riate . Ci Cvunc'Fin boo Attorney, all to be elected from the City at large at the times and in the tY PP P manner provided in this Charter and who shall serve for terms of four years title and be devoted to such purpose, and until their respective successors qualify, (b) Maintain separate books, m.which shah be recorded respectively all Subject to the provisions of this Charter, the five members of the City ordinances and..resolutions,with.the certificate of the-Clerk annexed to each Council in office at the time this Charter takes effect shall continue in office thereof stating the same 'to'be..the.original or a correct copy,:and as to an . until the expiration of their respective terms and until their successors are ordinance requiring publication, stating,that the same has been published or elected and qualified, and shall constitute the City Council until two Posted in accordance with this Charter;': additional members are.elected as hereinafter provided. Four members of (c) Maintain separate records of all written contracts and official bonds; the City Council shall be elected at the general municipal election held in (d) Keep all books and records'•i*44po sossie properly indexed and April, 1966, and each fourth year thereafter. Three members of the City open to public inspection when not in actual use; Council shall be elected at the general municipal election held in April, 1968, i and each fourth year thereafter. (e) Be the custodianof the Seal of*the City;," In the event this Charter shall not take effect in time to elect four (f) Administer oaths or affirmations, take affidavits and.depositions members of the City Council at the general municipal election held in April, pertaining to the affairs and business of the City and certify copies of official 1966, and only two members of the.City Council are then elected, a special records; election shall be called and held not less than sixty(60)nor more than ninety , (90).days after the effective date of this Charter to elect two additional (g) Be ex-officio Assessor,'unless the City,Council has availed itself, or members of the City Council for the remainder of the terms expiring in April, does in.the future avail itself,of the provisions of the general laws of the State 1970. relative to the assessment of property and the collection of city taxes by county officers,or unless the City.Council by ordinance provides otherwise; Subject to the provisions of this Charter, the�GleF-k-, City Treasurer (h) ehff"Be responsible for the conduct of all city.elections; and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of (i) Perform.such.other: duties consistent.with this Charter as+may be their successors. A �49"City Treasurer.shall be elected at the general required,by ordinance or resolution of the City Council: municipal election held in April, 1968, and each fourth year thereafter. A The,City Clerk may,,subject.to the approval of the City Council,'appoint City Attorney shall be elected in April, 1966,and•each fourth year thereafter. such deputy or deputies.to assisEior act for. .the City Clerk; at such The term of each member of the City Council, the�y 8lefk City salaries or compensation as the Council may by ordinance or resolution Treasurer and the City Attorney shall commence on the first Monday prescribe. following his election, Ties in voting among candidates for office shall be settled by the casting of lots. Section 704-1. CITY CLERK. There shall be a City Clerk appointed by the City Administrator with the approval of.the City Council. t 38 . 39 , iF �'' .t��'���5$wF' r .r"S^�F Jk},,atyC'f,Yj`'-1�1 t•. ,j .l-} ,.j:+e'; .:',Z„`:F of fi'..,:e'9t ta,, r•F'1'i I'` 2� r Sr1s,', '' d f: nl�} k� �"";taxi ry^ S •f.tt; .'«4 �(7 !?!.v��'� -! a{, :d,�y-,,,,;l,}2fu�y,; r�`,4+:C,;:rtetS'I..,�l,. n 5.nl;b ,Yq:'•,y).....W d4'�! a.:,i)``tr+_•x:xr ih '� s� ,,, :f'�. .'v a e�+-a +.a�,••..a+,;�,.f, a4W,t'..,: nS�Sai.�+{' �K t .O, F,. FY�"h. t F• rti ::.z ,%�_{.Y nI7 , #Y„✓7 r'.�" {".'Yoi v Y e^ t fw{ h 9 1 s g4AV r ..�, 1. L ,�rl-r.r 4ryyTyya 1�:e•vS )t yS.F f .G � 171 ,y;t'�,p:� if4y rk ?`f 'Fhb S7i6Y k '{'� ch vif� t�tfltrIk.c1T,f ;'iJltf G i t��E1zs y5 I C.ITYlATTORNEY'S IMPARTIAL'ANALY.SIS AR®t9IN1E T INaFA1fOR®N �OPOSITION H:, } Y M1 f t OF PROPOSITIONIi.: ^° 5f;r_ s*ETyC` ``. �`�, � ' d� 5 Again, the best way to ensure;that+°a,competentitndividual,holds';the position 2 ti a The existing City Charter provides for the election of the'City.Clerk by isao vote'YES on'Proposition H which would require that the Ciry Clerk be the.qualified voters of the City at large, The proposed' amendment would appointed,rather,than elected '' '' Y 4 provide for the appointment of the City Clerk by the City Administrator with The City Clerk is responsible for maintaining the official reco{ds of the City the approval of.the City Council. and is not in a policy making positlon.''As`a'department•head;•the City CI` k: . should be appointed by;the City'Administrator wtthl Councll''approval,', through merit system procedures.(advertising;;applications, interviews) as Shall Sections 500 and 704 of the existing city YES are other department heads Only through the appointmentprocedure can charter, which now provide for the election of the the City be assured of having,a.competent City Clerk. H City Clerk by the,qualified'voters of the city at large, be amended to provide that the City Clerk The current City Clerk-.supports the change;from,elected to•appointed be appointed by the City Administrator with the NO because,she.feels.a statewide search for:the most`highly'qualified candidate . '. approval'of the City Council? is the only efficient,way of ensuring that the position.is filled by a competent, experienced individual When the`position is filled by election,."applicants" are limited to registered voters in Huntington Beach,very few of whom have' any experience,in this.`field:'An.elected City Clerk who is not able to handle the job cannot be dismissed, as can other City employees. The creation and maintenance of;:public:records would,be' handled,no differently under an appointed'cf rk, but Huntington Beach residents would be assured,that a competent City.Cle&.would be in charge..More than two- thirds of the`C,ity'Clerks-in Orange County'are appointed.officials. - In addition, by ,State law the Cify'Clerk is `responsible for.conducting .elections,'and it puts..the incumbenh.Clerk m;a'somewhat.awkward.position to be managing'the election',and'running for'office.'at the'same time;.. If you want to make sure that the.•records of the City are maintained:properly. and thatelecfions'are'run..properly, vote YES orr Proposition H: ' City Council , ALVIN M`CUEN! , ON SHENKMAN ...TED W. BARTLETT NOR.MA BRANDEL GIBBS r ' !{t S"3 40 d 5 a f S r , z, - kid s �r,',a'7C.,�.z f,ir-'^y,7,txS"-hw.k.:.ta,r.',�trfrr.t R:t�t,,',.3Y$rr F,>>'�t}`'?a4`e.t'Cx;,�'{!;y#.�;�_. :;l:wS';'"r.I,iixiYry��'',�'�."�;°r`.'.P�7��Z,�',':i�.yrBr��+o";.`+2•r,x.,.;��^c^+�'ky We.j3t.'."^.?}7 . M 1;,N.5E d,rt3.snr:rr,,.krutF,i,z:ti,E*,.Eo=: atPr,",:.,w_•a,r.���'�,{.„'t:S�.a`ttsr�x:r'�fi.,;,k *'M�Y1 biyf_ht'���,�'�i��k�t4it L ` X r }, E t �}'},,.fa�rlrJ{�_ cad"ait t•,S .'`�•t ry k�r',` ky.ei '�.tc,ik„�grl :d, 4y.rearr '..x.i'f �4 p.Y,.;.w.,;�,• F, .+ .. t ?1 't4d'>r . 7..•: aYk`{i' ,?r`'t', t#.�',�y AR®@�i1 a AGAINST PRO SITI®N N' t + .�tj,,y�., ll�Rt �® IT.I®li0Jk �xx .tvy( .A'S �� t�E" �''"rt�,r The City Clerk must remain elected Section 50U. : CITY COUNCIL,"ATTORNEY;;AND:CLERK A f* i TRrE ER TF1 S The elective officers of the City:shall consist of'a City For the fourth time in ten years you, the people; are being asked to make Council `of`"seven;i+members,°'a City,'..Clerk„�r..,6ityessteal.arld City our City Clerk just another bureaucrat. y y j Attorney, all to,be elected ft,kront` the`'City at°lacge`.at'the;tiines':and iri'the It has been tdrned down by.you voters the previous three times and we think manner provided1n this Charter.and who;shall,serve for terrps.of four years you should make it four times. and'until their respective successors qualify Why should you turn it down the fourth time? - Subject to the provisions of,this,Charter, the five.members of the City Council in office at the time this Charter takes effect shall continue in office 1. Your. elected City Clerk knows who the .boss' is and knows that until the expiration of;their'iespective.terms and until'their"successors.are information in that office must be readily available to you the public=- elected and` qualified; and`shall' constitute the; City Council' until two NO SECRETS OR "LOST" INFORMATION. additional members are elected.'as:,liereinafter.provided.; Four.members of 2. Your elected City Clerk will always run an open, efficient office and the City..Council ahall..be elected;at;the,..general municipal election held in conduct elections on a straight forward-basis, impervious to.council or. April,. 1966. and,each. ourth.year thereafter.,.Three members'ol the City administration pressures. " Council shall be elected at the general municipal election held.in April,,1968, and each fourth year thereafter. 3. Your elected City Clerk must come to you every four,years for.reelection. In the event this Charter. shall not take effect,in time to elect four. An appointed Clerk is a lifetime bureaucrat. members of the City Council at'the general municipal election held in April, The really big question here is why the administrators and pity councils kee 1966, and only(two'.members of the.City.Council are then:elected; a special on trying to et the Clerk made appointive and erode awayour recious-few .election'shall be:called..and,he'ld.not less.'than:'sixty.(60)noum. ore.than ninety remainingelective officials stillresponsive onlyto the. le.They want the (90) days' after.the'.':effective,date.'of.`this:.Charter„to elect awo additional last measure of control let to you — the e egte Clerk,'Attorney and, members of the City Council for the remainder of the terms expiring in April, Treasurer. 1970. For the fourth time in ten years, say NO,to this attempt to make the Clerk's Subjecrt.o the provisions of this,Charter;the City Clerk;Q!Lu Tweasemr. office appointed. and City Attorney in office at the time this Charter takes effect shall continue VOTE NO ON CHARTER AMENDMENT PROPOSITION H.: in office until the:,expiration,of their;respective'terms and-the•qualification of their successors A City Clerk aid.may-T-seasum shall be elected at the . COMMITTEE TO PRESERVE AND. general municipal' election held in April, 1968, and each 'fourth year PROTECT ELECTED GOVERNMENT thereafter, A City`Attorney shall'be elected in,April, 1966, and each fourth WARREN G. HALL year thereafter: ROBERT L. SMITH DECATUR DILDAY The term-of each member'of the City Council, the City Clerk;the Qkt , , MARY ARLEEN MATHEIS ' and,the City;Al Attorney shall commence on'the`first'Monday DON P. BONFA , following.his election..Ties in voting among candidates for office shall be settled by the casting of lots. Section 705-1. CITY3REASURER.1''There shall be a City Treasurer' f appointed by the City Administrator with the approval of the City Council. 43 42 I ,F x f • ��"», �"••�"� �ir�t4'�y Ca�a�`?S;? "."✓�5�� �'t�s:.:hq;.irY A"A' .f r`a• #r,r'j-;<.#v�,�-' 7,�* e.' �4,f _+rNt',,P, M t;...$' .3.'r•'i�i y +' .,�U,..p?r.,f.x ,4',,9+ c ;?S.r.1Y ,tp'.:. r:vg ?�i.r,.,} T�.';F•, ..MY P� kVV 4l},C e�4 k�:j•oi{k•.�T'`'n+vl,; n rnb,. d s M. t" !t o f 74•>i� ':lti.cry?'#' Yr rr4 f, c"'iC"k•; S"�'�. r7ai,'�Y•�, U' jta.,' �ii '' Section 705-2. '..�IITX TREAS04EIR.•P.OWERS AND.DUTIES. The GITa1fAA' eN9P�R� City Treasurer shall,have the•geweFrespon'sibility and shall.be required to �} � � p AA a,,k �x l��,®iF.i�lAl®l�®SITI �I ...> r r 'W t�j K a �, �+F 1 : t.' A11 ,.. {- }' # r tih.:Y�iz 14i+thg�yiq, ..1- y� }13,e N �' .r'I}y r:,+>Y �:: t, (a) Ifeeeiva eaekal#of t41e Git�y a$tafeeS'eesessre�ts;;Gieepse.fees aid S,Y revaiiaes�of �, The existing Crty•Charter.provides for the election of the Crty Treasurer �� Feeeive all eneseretker �,meeivahle by the�Y fFe by the qualified voters of the.City,at;large:The proposed amendment would the,meaty &fate o Federal Gevemmee�,er ffetn �,ew rt- er 4MM aft9' provide for the appointment'of'the City Treasurer.by the City Administrator effiee�t-o�e�ef4he C with the approval of the City Coujicil Jb� Have and keep custody of all public funds belonging 4o.or under control of the City or ,any office, department 'or agency of the City government and depositor cause to be deposited all funds coming into"the City Treasurer's hands in such depository 'as may be designated by Shall Sections :500 and; 705 of the existing city �efthe City Council,or, ff�ae saela nasandWA.be adapted, tkea+a charter,.mhich;now provide'for',the electiodof.'the saek is Wr-itifi 4 t6�C,4 AdministFat•9F;be selected J . City Treasurer'.by the qualified voters of the city at by the bidding process and in compliance with all of theprovisions of the large, be amended .,to provide that;.'the. City State Constitution and laws of the State governing the handling,depositing Treasurer be appointed by the City Administrator 'NO . and securing of public funds,, with the approval of the City.Council? (b) Countersign all city checks; �.� edt 'ewi•}�.on pfeps @FdeFs eF its 4*d*e $FeWOOd 4er 4H this Daft (d4 PFep&r-O aad s 6MU 46 t�ke Di•FMOF of Fiaaflee�eathl a+FAtert. Fepoos-ef all Feeeipts dirihitFsemmts aad�ad fees sad shal}.We eepies ° 4 saek wports vAt-h tke�` A4ministrat�ead �"Getiaeilr -(e}(c)Perform such other duties consistent withd#sthe Charter as may be required by ordinance or resolution efby, the City Council. s' �-ke Gtty �6UFO 'R� WbjeO 4e 4he sp[�F9M&1 of the 4vlty GeHaeil; appoint seek deputy of deputies to'essist44m of aet#er 4iFa;at seek safefies or ec �eF►setieg es tke Geaneil Fmw by eFdinaaee or reselatian.$Fesefi ' - '. t rt ., lY A.f�{�;- �' C (r , i. _ ,f,` 5 Y i„Z i Jt -j• A �r •I 44. 45' 4 !I'r, i n�*`t- _ �«t i iSf i -'Zh t lk:kl1I F,: hw.. t '$mw µ., y 1 F,,.tY �y '�_. 'Yt�yr�4 T i4�ixi:A 1j gRtt [ y,`1 F9. ky'�e �wyY ki2a„riaoo-wli i ,sf•"i^, ��.. n t ^i�"-�' 'r"r,rs.yJltfir�.i r. ,.rr,Y,t�S: e 'y 1i .':4"�a' �.�'•tCt7, Aw l.�i'�i.y.. .i. ,y +.tWy:r,• ,,2a.•y }ti'F 1. G� "� a �� �+,>J ,z��s� -: S .Ta: k: . ,� .. .._-... .. ..:.:., .�. i-nr,.�i'k�N C�!7^�`a:!�S�f�':+2'r•.. �`1�� isi°,r�'3 .snn tfr+5x•��.5a..tyt '„x,..j.'i dy e'f-p c ARGUMENTAN:T VOR':OF PR®P®S8T0®lP9 J 1 a } Our. Council-Administrator plan, of government provides that Council The Treasurer'mu- remam elected members shall be elected to represent the public and make;policywhile the City Administrator hires staff and-carries out the Council's policies.Since the This is the,fourth hme in the past ten.years that you, the people, have been City Treasurer is not a policy-making position, a YES vote on Proposition J asked to make your City Treasurer just another appointed bureaucrat. You will ensure that the position of City Treasurer be filled by appointment of the have already turned.it down the previous three times. most highly qualified candidate. Appointment to the position will be made Why do we ask you,to turn it down again? by the City Administrator with Council approval, through merit system procedures (advertising, applications, interviews) as are.other department I. Your elected Treasurer knows he .has to work for your "interest'-- heads. Only through the appointment procedure can the City of Huntington reviewing expenditures and earning maximum interest with your money. Beach be assured of having:a competent City Treasurer. 2. Your elected Treasurer will always.be responsive to. your inquiries and The current City Treasurer is highly qualified for the position, but the problems within the city, possibility exists that a person could be elected to the office with little or no 3. Your elected 'Treasurer:will'enforce the rules as-he knows he must be knowledge of financial matters. An elected City Treasurer h'as"tenure" for accountable to you every' four'years.' four years and cannot be dismissed for incompetence. By providing that the Treasurer be appointed as.other department heads are, we can be assured NOTE: T%he big question here is why the administrations and.city councils . that the position will be'filled by a person with expertise in this field, continue to try to get you to erode and give away some of the few remaining responsive elected officials you still have in your city. They want the control One of the reasons for having a City Treasurer is to make sure there is a of the Treasurer as well,as the City Clerk and City Attorney that you now system of checks and balances. This system will still exist if the office is made have. appointive. Many City Treasurers in the State are appointed and they are just ..Vote NO to this fourth attempt to remove your right to.-vote for a responsive as effective in being a "watchdog" of City. finances. In many cases,o appointed Treasurers are probably more effective because the person filling City Treasurer, the position has been chosen through merit system procedures and has the An elected official is'responsive to you—an appointed official.must answer necessary expertise. only to the city,council and to council-appointed administration. " In keeping with the policy that all department heads should be appointed to Keep the Huntington Beach City Treasurer elective. Vote.No on.Charter ensure that a well qualified person holds the position,we urge a YES vote on Amendment Proposition J. Proposition J. City Council: COMMITTEE TO PRESERVE AND PROTECT ELECTED GOVERNMENT ALVIN M COEN RON SHENKMAN DON P. BONFA TED W. BARTLETT NORMA BRANDEL GIBBS WARREN G. HALL ROBERT L.' SMITH DECATUR DILDAY MARY ARLEEN.MATHEIS - x 46 c 47' REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 11 /06/1984 Ballot Arguments -8- 9/26/2009 4:19 PM Shall ex" Ag City Charter Section 310 be repealed, a..1 and Sections 300 and 403;-which provide for an elected YES E City Clerk;be amended to•permit the appointment of the City-Clerk by the City Administrator, subject io approval of the-City Council, with duties and powers NO prescribed by-ordinance? I -MEASURE E J PROPOSED CiiARTER'AMIENDMIE The Charter of the City of Huntington Beach is hereby amended by-repealing section 310, and amending sections 300 and 403 to read as;follows: Section 300. CITY COUNCIL,ATTORNEY,CLER AND TREASUR- ER.TERMS. The'elective officers of the City shall consist of a City Council of seven members, a !"`a ity Cie* a City Treasurer and a City Attorney, all to be. j elected from the City at large.at the times and in the manner provided,in this Charter and who shall serve for.terms of four years and until their respective- successors qualify. t Subject to the provisions of this Charter,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;and shall constitute the City Council until two additional members.are elected as hereinafter provided.Four members of the City Council shall be elected at the general municipal election held in April, 1966, and each fourth year' thereafter. Three members of the City Council shall be elected at'the general municipal election held'in April, 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than'two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council " more than one further consecutive term. In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two members of the City Council are then elected,a special election"shall be called and held not less than sixty(60)nor more than ninety(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. Subject to the provisions of this Charter-,the Qty-Glefk- City Treasurer and City Attorney in office at the time this Charter takes effect shalt continue in office' until the expiration of their respective terms and the qualification of'their succes- sors. A r:.,,� Pe&— ,d City Treasurer shall be elected at the.general municipal election held"in Aprilf,1968,and each fourth year thereafter.A City Attorney shall be elected in April, 1966, and each fourth year thereafter. i The term of each member of the•City Council, the City-QeF1 the City Treasurer and the City Attorney shall commence on the first Monday following his election.Ties in voting among candidates for office shall,be settled by the casting of lots. f . t T\ ITY—vef and shall r-equiFed to bl F the di d taro... F iml,xl and to @Fd of all of rl,o mv-xva--mv-xvcvivixx"6-Fnicr-cnFnircanxnrsox�- --axx ........ ... .... ... ..... ddeyeted to sueh puq3ese.eMinanees and Feseh4fiens, with the eenifieiiAe of the Gler-k annexed to, f a;nd'ar,to aft efdinanc-e and-business elf die City aftEl eeaif� 4al weer* fwkss,thefailed ifself, dees in the f The Qky f at 'Eff"Peasatleff as , the Gouneil may by or-dinan" Of feseWtieft Section 403. PERSONNEL.In addition to the City Council,a Pity EIef1F; a City.Treasurer, a City Attorney and City Administrator,-the officers and employees of the City shall consist of such other officers,assistants,deputies and employees"as the City Council may provide by-ordinance or resolution.The,City" Council shall.establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such officers,officials and employees except as herein provided. j _ -- Fk The City cow`d shall maintain by ordinance.a comprehenF"" personnel system for the C4- i'he City Administrator,Assistant City Adminis't.,.Ior and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment'and qualifica- tions,for the_various classes of employment and procedures to,be followed in advancement,demotion,-suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the all public service. The ordinance shall designate the appointive officers and em-- ` 6h ployees who shall be included within the system. By subsequent ordinances the 1 City Council may amend the system or the list of appointive officers and em- ployees included within the system,provided,however,that once included within 1 the'system,no officer or employee shall be withdrawn therefrom(unless the office or position is actually abolished.or eliminated) without the approval of such withdrawal at a regular or special election-by a majority of the voters•voting on.. i ea such proposition. The system shall comply with all other_ provisions of this Charter. . ate , ed -as and ind ,ity are ,es j CITY ATTORNEY'S IMPARTIAL ANALYSIS OP-MEASURE E The.existing City Charter provides for-the election of the City Clerk by the qualified,voters of the City at large.The proposed amendment would provide for the appointment,of the City Clerk by the City.Administrator with:the approval of the City Council with,duties and powers prescribed by ordinance. i I GUMENT IN FAVOR'OF MEASURE E The City Clerk's position has been an elected position since we were a small 'beach community. 'Since the•early part-of this century, business affairs have become vastly more technical and complicated.Today,the Clerk must be profes-• sionally competent in order to serve the public satisfactorily. The City Clerk's position is responsible for keeping official records; this includes records-of City Council•actions, ordinances, resolutions, and official minutes. This position_serves the City Council who is elected by you. The responsibility of the Clerk is clerical in.nature. It is important that the Clerk be a true professional with proper skills in the area of record retention and retrieval..To ensure that the residents'expectations for excellence are achieved,it is imperative that the individual who holds the position•possesses those skills and knowledge to do-the job. Continuing the.practice of an elected official could shortchange the citizenry by.electing someone who may not.have the proper qualifications or skills.Once elected into the position an individual can rest easy knowing that their next evaluation is four years away at the next election. In the meantime,the City Clerk could easily nun a poor or mediocre operation being responsible to no one. -Elections are costly and raising political war chests should not-be a Clerk's duty!' An appointed Clerk enables the City Council and Administrator to test for. professional and skilled.management in the Clerk's operation-.An appointed Clerk is subject-to evaluation and scrutiny by the,City Administrator and the City Council on a regular basis.. Let's bring Huntington Beach into the 1980's by voting for an appointed City Clerk position based upon sound business-like practices and demand thatthe individual possesses the necessary skills to do the job. Vote yes!- DON MacALLISTER Councilman; City of Huntington Beach ASURE E R; 'JTTAL_TO`ARGUWMENT.IN FAVOR OF�. The public has always voted to keep the City Clerk elected.The fact that only nine City Clerk's have been elected in 75 years says a lot for the elected profession. In the State of California,"50%of the 426 City Clerks are elected,including cities both large and small: In keeping your City clerk elected, the City clerk is first obligated to the public and.acts to maintain.proper integrity,in keeping records available. A City Clerk in Huntington Beach has never been elected by having to raise political war chests, but on merit alone. By having well trained personnel in-the City Clerk's Office,the electorate is assured that qualified persons are capable of fulfilling the City Clerk's responsibi- lities as set forth,in the City Charter. Protect your right to elect your City Clerk. Vote NO on.Measure E. ' •ALICIA M. WENTWORTH City Clerk i 1_7_�'RGUMENT AGAINST MEASURE E !�`• Y The City Clerk in.Huntington,Beach"has been an elected position.since the incorporation of the City of 1909. In 75 years, there have been a total of 9 City "Clerks. The measure has been put on the ballot to be made appointive not less than " four times in the past years and soundly voted down each time by the electorate. e The one conflict that formerly existed is that of conducting the elections which has been eliminated by the electorates'vote to consolidate with the County e in November of even numbered.years:The County,voting precincts are used and tabulation is conducted and certified by the County. s Your Elected City Clerk is responsible for maintaining the official records of the City and is not in a policy making position.The creation and maintenance of public records would be handled by your Elected City Clerk and Huntington Beach residents would be assured that a competent City Clerk would be in charge. Your Elected City Clerk will always run an open,efficient office on a straight forward basis, impervious to internal pressures. Your Elected City clerk must come to you every four years for reelection.The information in the City,Clerk's Office must be.readily available to you—The Voting Public: VOTE NOON MEASURE E ALICIA M. WENTWORTH Your City Clerk with 23 years Experience Shall ex.I-1ug City Charter Section 311 be repealed, and Sections 300 and 403,which provide for an elected YES F City Treasurer,be amended to permit the appointment of the City Treasurer by the City Administrator, sub- . ject'to approval of the City Council, with duties and NO powers'prescribed by ordinance? MEASURE F PROPOSED CHARTER AMENDMENT 4. The Charter.of the City of Huntington Beach is hereby amended by repealing Section 311, and amending Sections 300 and 403 to read.as,follows: Section 300. CITY COUNCIL, ATTORNEY, AND CLERK. AND, WEAN,TERMS. The elective officers of the City shall consist of a City Council of seven members,a City.Clerk,a qity Tmasum and a City Attorney,all ! to be,elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. - 'Subject to the provisions of this Charter,the five 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,and shall constitute,the City Council until two additional�'members are. elected as hereinafter provided.Four members of the City Council shall be elected at the general'municipa&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.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which-some other person was elected a member shall be elected to the City Council more than one further consecutive term.. •. . In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two members of the.City Council are then elected,a special election shall be called and held not less than sixty.(60)nor more than ninety(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. Subject to the provisions of this Charter,the City Clerk; Cityeaster and City-Attomey in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their succes- sors:A City Clerk I ity Teas "r shall be elected at the general municipal election held in April, 1968,and each fourth year thereafter.A City Attorney shall be elected in April,,1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the QAy Treasurer and the City Attorney shall commence on the fitst Monday following his election.Ties in voting among candidates for office shall be settled by the casting of lots. 3�4--Eity=T MSUF ?PPWOFs afld c#eties.:R,�4V s sErall City, , '&HdF06eiV0 all!tMOS.Of E) Or-FHOH�y Feeeivable by!he City f+efn thq County,-State of . > > Of ffem any Office, depanflie `of the City% to be'depasited all funds eeining into his hands in Weh depositefy as§;�ay 'Of"City 4�F any offiee,d0pagffleflt OF agency of the City gevefpmefs and dep pFe-vided for-in this Ghafw. City Gaufleil- lifkaftGe Of-FOSWU60H of the City Gaufi�il. SECTION 403. PERSONNEL..In,addition to the City Council, a City Clerk,a City Treas ,a-City Attorney and City Administrator,the officers and employees of"the City shall consist of such other officers-,assistants,deputies and employees as the City Council may provide'by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such.offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel. system for the City.The City-Adiriinistrator,Assistant City Administrator and any officers designated a"s elective by the Charter shall be exempt: The system shall. consist of the establishment of minimum'standards of employment and qualifica tions for the various classes of employment and procedures,to be followed in , advancement,demotion,suspension and-discharge of employees included within the-system, as the City Council shall determine to be for the best interest of the }} public service. .I� )rdinance shall designate the appointive off: and em- ployees who shall be included within the system.,By subsequent ordinances the City Council:may amend the system or the list-of appointive officers and em- ployees included within the'system,provided,however,that once included within } the system,no officer or employee shall be withdrawn therefrom(unless-,the office or position is actually abolished or,eliminated) without the.approval of such 3 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 3} Charter. ' ly a - r s 1. • + 1 CITY ATTORNEY'S IMPARTIAL ANALYSIS OF-MEASURE F The existing City Charter provides for the election of the City Treasurer by the qualified voters of the City at large.The proposed amendment would provide for the appointment of the City Treasurer by the City Administrator with the - approval of the City Council with duties and powers prescribed by ordinance. 1 1 it I :LUMEN'T 1N FAVOR OF MEASURE F The elected City Treasurer's position is a holdover from the days when our city was a much smaller and less complex beach community. Today,,we are the loth largest California city with annual revenues which run into$1d's of millions. Technology has had major impacts. It is the responsibility of the Treasurer to- invest public monies to yield the highest return on our tax dollars. Investment practices in the public sector are complex and important.Such responsibility needs to be entrusted to a person knowledgeable and experienced in fiscal affairs and.not left to someone who,by chance,may get elected. He should not.be obligated to anyone except the public,Elections cost money,and this position should-be free of such obligations.Spokespersons for keeping the-position elected may say that not having an elected Treasurer would remove the control of the public'. Don't be footed!This is definitely not the case- The voters do have direct control of the municipal government through their City Council who have the responsibility to ensure that community affairs are managed properly.The City Council is ultimate- ly responsible to see that individuals-are employed who possess the professional knowledge and experience necessary to manage-.the investments of the city for the public and not for anyone's individual political whims which could cost the city, millions. The question that must be asked is, "Do we take the risk of electing someone with little experience and training to be responsible for investing our tax dollars?" Other department heads are appointed, and our city operates.profes- sionally and business like. I urge each voter to seriously consider making the Treasurer's position an appointed position responsible to the City Administrator and to your elected City Council. Protect the taxpayers' monies. Vote yes! DON MacALL1STER -Councilman City of Huntington Beach RiJYTAL TO ARGUMENT INF/4VOR'OFl, :ASURI= F The election of Public Fund Treasurers works in California. . Huntington Beach is in,good company, The Treasurer of California is elected. The Treasurer of Sam Francisco is Elected.' The_Treasurer of Orange County is Elected. The.Treasurers of 412 California cities are Elected, including: Alameda Baldwin Park Burbank Corona Glendale J ' Huntington Beach Inglewood' National City jOrange. _ j Oxnard }}}}` San Bernardino West Covina and,100 more.- Earlier this year the Treasurer of San Jose lost approximately$170,000,000 by gambling in the Bond Futures Market. He was appointed and was fired along with the Finance Director and Deputy City Administrator and there are threats of recall against the City Council. City Council control doesn't always.work;even. when they are full time, let alone just meeting two night a month. 1 Vote NO and keep Huntington Beach's Treasurer elected._ WARREN HALL City Treasurer 1 - (C1GUMENT AGAINST-MEASURE F You the people want your City Treasurer elected. i This is the 5th time in the,past 16 years that you the voters have been asked to make the City Treasurer appointive; not elected. You are asked to'turn it down again as you have 4 times before. Your elected City Treasurer knows he has to work for your interest,review- ing expenditures and earning maximum interest with your available tax funds. Your elected City Treasurer is responsive to your inquiries and problems with the City. Your elected City Treasurer enforces"the rules,because he must face you for re-eleciion every 4 years; instead of having a `lifetime, safe job. "- A question for you to answer for yourself;why do the City Councils and-City Administrators continously try to get you to eliminate the-'elected City Treasurer position? Vote"NO"on this fifth attempt to remove your right to vote for a responsive elected City Treasurer. WARREN G.' HALL Your Responsive City Treasurer for over 16 years REQUEST 1FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 03/26/1996 Arguments -9- 9/26/2009 4:19 PM SAMPLE BALLOT E OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? NONPARTISAN BALLOT COUNTY OF ORANGE March 26, 1996 This ballot stub shall be tom off by precinct board member and handed to the voter. MEASURES SUBMITTED TO VOTE OF VOTERS CITY OF HUNTINGTON BEACH STATE s Shal proposed Charter Amendment No. 1, Yes + E E amending Sections 300 and311 of the Charter ATTORNEYS'CONTINGENT FEES.LIMITS. Yes + of the City of Huntington Beach changing the. No + 202 INITIATIVE STATUTE.Limits plaintiffs contin- City Treasurerfromanelactiveofficetoa position gencyfeearrangementsintortcases.Requires No + screened by a citizens'committee and appointed by the City demand be made against defendants and per- Administrator with the approval of the City Council,be. roved? mils prompt settlement offer response.It accepted,limits fees to Shall proposed Charter Amendment No. 2, Yes + 15%of offer.If not accepted,larger fees can be collected only on amending Sections 300 and 309 of the Charter amounts in excess of prompt settlement offer. Fiscal Impact: FF of the City of Huntington Beach changing the No + Unknown net fiscal impact on state and local governments. City Attorney from an elective office to a position AA PUBLIC EDUCATION FACILITIES BOND Yes +. screened by a citizens'committee and appointed by the City 2V3 ACT OF 1996.This three billion dollar school Administrator with the royal of the C' Council,be approved? construction bond would help upgrade andcor- No + ADVISORY VOTE ONLY.Should City of Hun- Yes + struct classrooms,libraries,and other needed tington Beach acquire,develop,improve,main- facilities in California's public schools,community colleges, and GG twin sports fields for soccer,football,softball, No + state universities.Funds will be used to make current classrooms baseball,and other sports;replace restrooms, safer in the event of earthquakes, equip classrooms for the bicycfe(pedestrian tiails,lighting,and showers.on city beach;ac computer technology of the 21st century,reduce class size and quire senior center site;develop swim complex;and improve neigh meet enrollment growth. These bonds may be used only for borhood,parks and tot lots by establishing a citywide assessment approved school construction projects. district not to exceed thirty years oracost of:$12 annually per mobile home unit; $24 annually per apartment unit; $36 annually per . COUNTY OF ORANGE residential,commercial and industrial unit? INITIATIVE TO AMEND GENERAL PLAN: Yes + S MARINE CORPS AIR STATION EL TORO. Shall the initiative measure entitled The El No + Toro Responsible Economic Development.lnit- iaWe,'which would repeal Measure A,abolish the El Toro Airport Citizens Advisory Commission,and which states the highest and- best civilian use for Marine Corps Air Station El Toro is not a civilian airport,be approved? MEASURE TO ADOPT ORANGE COUNTY Yes + :T PROPOSED CHARTER.Shall the measure entitled 'Orange County Proposed Charter No + which would result in Orange County becoming a charter county be adopted? MEASURE .TO AMEND THE ORANGE Yes + u COUNTY PROPOSED CHARTER TO IN- CREASE MEMBERS OF BOARD OF SU- PERVISORS FROM FIVE TO NINE.Shan the measure entitled 'Proposed Amendment To Orange County Proposed Charter To Increase Members of Board of Supervisors From Five To Nine'be adopted? 30-E801 E 30 E806 E VOTE BOTH SIDES VOTE BOTH SIDES 30-SB434 ���l�ilo�IB��I�II�II�IIIIIII FULL TEXT OF MEASURE EE 2. Six years professional experience in government or pri- CITY OF HUNTINGTON BEACH vate sector financial management,to include responsibil- ity for the investment and protection of funds; PROPOSED CHARTER AMENDMENT NO. 1 3. -Extensive management experience in making the receipt, (5) .11,; disbursement,banking,protection and custody of funcl%: )sed 11 Section 300 of the Charter of the City of Huntington Beach is hereby (9) amended to read as follows: securities and financial investments. The selection process for the City Treasurer shall include the. sec- Section 300. CITY COUNCIL, ATTORNEY, AND CLERK AND ty to TREASURER.TERMS.The elective officers of the City shall con- following, .rs. sist of a City Council of.seven members, a City Clerk, a Gity Applicants for City Treasurer shall be reviewed.by a screen are Tfeasure and a City Attorney, all to be elected from the City at ing committee at least one half of which shall be made up *d of large at the times and in the.manner provided in this Charter and of citizens who are registered voters in the City of Huntington re is who shall serve for terms of four years and until their respective Beach and the balance-of the committee shall be persons nda- successors quality. with current.municipat Investment experience. 9. Subject to the provisions of this Charter,the members of the City The-City.Administrator shall appoint the Treasurer from can- sec- Council in office at the time this Charter takes effect shall continue dida.tes recommended by the screening committee, subject by a majority vote of the City Council. in office-until the expiration of their respective terms. and until to approval their successors are elected and qualified. Four members of the term City Council shall be elected at the general municipal election held in 1R66,and each fourth year thereafter.Three members of sixth th4 City Council shall be elected at the general municipal election hed- ',"'i held.in 1968,and each fourth year thereafter.No person shall be 9 an elected as a member of the City Council for more than two con- sors secutive terms and no person who,has been a member for more gible than two years of a term to which some other person was elected r(4) a member shall be elected to the City Council more than one further consecutive term. jority i Subject to the provisions of this.Charter,the City Clerk-,Gity7feas- t.: upe and City Attorney in office at the time this Charter takes nore effect shall continue in office unfit the expiration of their respective �ives terms.and the qualification of their suc�essors.A City Clerk and fore, shall be elected at the general municipal election i the J4 ii�(d in 1968, and each fourth year thereafter. A City Attorney leas- '1' shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the I the Qli F Tf P R gi IFN and the City Attorney shall commence on the first �Gri�WfoiloW, ing his election. Ties in voting among candidates oard for office shall be settled by the casting of lots. ibers Section 311,ofthe Charter of the City of Huntington Beach is hereby amended-to read as follows: Section 311. CITY TREASURER. POWERS AND DUTIES.The City Treasurer shall be appointed or removed by the City Ad- ministrator,with the approval of the City Council, pursuant to Section 401(a)of the City Charter.The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and o ther 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 Fed t eral governmentsi or from any court, or from any office, de-* milar _1' partment or agency of the City. Su- (b) Have arid keep custody of all public funds belonging to or the under control of the City or any office,department or agency d of the City government and deposit or cause to be deposited 2 all funds coming into his or her hands in such'depository as m%be designated by resolution of the City Council,or, if no suc resolution be adopted, then in such depository desig- nated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. nine (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 of such reports with the City Administrator and City=1. (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 Coun cil, appoint such deputy or deputies to assist him or act for him or her, at such salaries or compensation as the.Council may by ordinance or resolution prescribe. The minimum qualifications for the position of.Cipy Treasurer shall be a combination of to fiscal management�to include the following: 1. Bachelor's degree In Business Administration, Account- ing, Public Administration,or a-related field; . xv-50 �N0N�ANN0B� ' � -IMPARTIAL,ANALYSIS BY CITY ATTORNEY ARGUMENT IN FAVOR OF MEASURE EE MEASURE EE As your former elected City Treasurers for the past 27 years, If adopted by a majority of the voters voting.in:the election, this we recommend the position be changed from elected to ap- pA measure would amend the Huntington Beach City Charter to provide pointed. The position requires professional, technical and Se for the appointment of the City Treasurer, rather than for his or her managerial skills that cannot be properly evaluated in the elec- arr election, as is the.current practice.. tive process. The measure would,.if-Adopted, provide for the appointment of The Orange County bankruptcy highlighted the need for account- the Treasurer by the City Administrator, after applicants for the po- ability and authority at the executive level. By making the. position sition are screened by a committee, at least half of which are.reg- appointed, the City Administrator wilt have executive responsibility, istered voters. of the City.of Huntington Beach, with the remaining for this key function, as he does for other key departments. members being persons with current municipal investment experi- City government needs to run effectively and efficiently. Depart- ence.The City Administrator would be required to appoint the Treas- ments need to work together as a team;with the.City Administrator, urer from candidates recommended by the screening committee.The to accomplish the goals established by the City Council. This is appointment is subject to approval by a majority of the members of not the way the City of Huntington Beach is organized.No private the full City Council.. sector business would organize this way. To be responsible you Similarly,the Treasurer could be removed by the City Administra- must have authority. tor"with,the approval.of a majority of the City Council. In addition,the measure would, if adopted, add additional quail- Appointment of the City Treasurer would be similar to filling other fications for the City Treasurer.The Charter currently requires a corn- department head-positions.This would include professional recruit- bination of education and. experience in an area relative to fiscal ment screening by a citizens board;selection by the City Admin- management. If adopted the Treasurer would also be required to istrator; and approval by the City Council. have .a Bachelor's degree in Business Administration, Accounting, A key advantage of this process is that the pool of candidates is Public:Administration, or a related field;have six years professional expanded nationwide.The screening process can verify that candi- . experience in.government or private sector financial.management, dates skills and experience are applicable to Huntington Beach. including responsibility for the investment and protection of funds; The office will.continue as.a reviewer of financial transactions; and extensive management experience in making the receipt, dis-' collector of funds; and manager of investments. Its inde- bu acme it,banking,protection:and custody,of funds,securities and pendence will remain by charter and by law.Only the selection financial investments. If adopted,the appointed City Treasurer would not be required to of Treasurer is being changed, be an elector and resident of the City of:Huntington Beach, as is Outside auditors, advisory boards,concerned citizens,employees and currently required. City Council will review actions and operations for their correctness. Under the City Charter, the current City Treasurer would The performance of departments and managers need to be evalu- serve the remainder of his term, regardless_ of whether the ated by someone familiar with the daily operation and work product. treasure is approved. This is not easily done by the.voters every four years. Make government more effective; more efficient; more profes- sional; and more accountable by changing this position from elected to appointed. c s/Warren Hall s/Don Watson Former Treasurer 1968-1987 Farmer Treasurer 1987-1995 NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED i i I j I i NN yy sspp gg i i 30-521 t .. ... ............................. FULL TEXT OF MEASURE FF Applicants for City Attorney shall be reviewed by a screening CITY OF HUNTINGTON BEACH committee-at least one half of which shall be made up of citizens who are registered voters in the City of Huntington PROPOSED CHARTER AMENDMENT NO.2 Beach and the balance of the committee shall be.persons Section 300 of the Charter of the City of Huntington Beach is hereby with current municipal legal experience. amended to read as follows: The City Administrator shalt appoint the City Attorney from . S "TTv?N rn IiCY,CLERK AND TREAS- candidates reviewed by the screening committee,subject to Section 300.CITY COUNCIL, approval by a majority vote of the City Council. URER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,and a City Treas- Section 2.The City Council hereby finds and determines that although urer and a Gity Attorney, all to be elected from the City at large proposed Charter Amendment No. 1 and proposed Charter Amend- at the times and in the manner provided in this Charter and who ment No.2 are to be separately voted upon,and although•each amends shall serve for terms of four years and until their respective suc- Section 300 of the Charter of the City of Huntington Beach in a different cessors qualify. manner,they are not inconsistent,and should they both be approved Subject.to the provisions of this Charter, the members of the by the electors,the proposition with the greater number of affirmative City Council in office at the time this Charter takes effect shall votes shall not supersede the other proposition, but instead Section continue in office until the expiration of their respective terms 300 shall be amended to read as followso^�cV and until.their successors are elected and qualified. Four mem- Section 300. CITY COUNCIL, WORNE -, AND CLERK AND q TREASURER LOGO TERMS:The elective officers'of the City shall con- election of the City Council shall be elected at the general municipal sist of a City'=Council of seven members;and a CityClerk, election held in 1966, and each fourth year thereafter. Three si t ,,,a , .Council "..,,.,en all to members-, _elected frm the Ci�at members of the City Council shall be elected at the general City. municipal election held in 1968, and each fourth year thereafter. large at the times and.in the manner provided in this Charter and No person shall be elected as a member of the City Council for who shall serve for terms of four years and until their respective more than two consecutive terms and no person who has been successors.qualify. a member for more than two years of a term to which some Subject to the provisions of this Charter,the members of the City other person was elected a member shalt be elected to the City Council in office at the time this Charter takes effect shall continue Council more than one further consecutive term, in office until the expiration of their respective terms and until Subject to the provisions of this Charter,the City Clerk,and City their successors are elected and:qualified. Four members of the Treasurer and S+ty A#erney in office at the time this Charter takes City Council shall be elected at the general municipal election effect shall continue in office until the expiration of their respective held in 1966, and each fourth year thereafter.Three members-of terms and the qualification of their successors.A City Clerk and the City Councilshalt'be elected at the general municipal election City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be in 1968, and each .fourth year thereafter.-A-Sfty-Alter-— elected as a member of the City Council for more than two-con- heldsecutive terms and no person who has been a member for more shall be elected On 4966, and eaeK efte-F. The term of each member of the City Council, the City Clerk, than two years of a term to which some other person was elected and the City Treasurer and the Gity shall commence on a member shall be elected to the City Council more than.one the first Monday followin his election.Ties in voting g can-among further consecutive term. didates for othce shall be settled by the casting.of lots. Subject to the provisions of this Charter,the City Clerk,Gras Section 309 of the Charter of the City of Huntington Beach is hereby Ci in office it the time.this Charter takes amended to read as follows: effect shall continue in office until the expiration of#heir-his or Section 309.CITY ATTORNEY.POWERS AND DUTIES.The City her respective terms Band the City *qualification of-their_his or Her ty successors.A City Clerk and�ity-TreasureF shalt be elected at Attorney shall be appointed or removed by the City Admin- the general municipal election held in 1968,and each fourth year, istratoy with.the approval of the City Council, pursuant to thereafter. Section 401(a)of the City Charter.To become and remain eli- gible for City Attorney the person elected-or appointed shall be The term of each member of.the City Council)and the City Clerk, an attorney at law, duty licensed as such under the laws of the the State of California, and shall have six(6)years of increasingly 4easuFeF and the shalt commence on the responsible experience in municipal or government law and first Monday following his be her election.Ties in voting among have.been engaged in the practice of law in this State for at least candidates for office shall be settled by the casting of lots. three years prior to his or her eleetiefl er appointment.The City Attorney shall have the power and may be required to: IMPARTIAL ANALYSIS BY CITY CLERK (a) Represent and advise the City Council and all City officers MEASURE FF in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases The existing City Charter provides that.the City Attorney shall be arising from violation of the provisions of this Charter or of elected by the voters. City ordinances and such state misdemeanors as the City The proposed City Charter amendment would change the City At- has the power to prosecute,unless otherwise provided by the torney from an elective office to an appointed department head. City Council. The City. Attorney would be appointed, promoted, demoted;sus- (c) Represent and appear for the City in any or all actions or pended or removed by the City Administrator.A City Attorney could proceedings in which the City is concerned or is a party,and not be appointed or removed until the City Administrator had first represent.-and-appear for any City officer or employee, or reviewed such appointment or removal with the City Council and had former City officer or employee, in any or all civil actions or received approval for such appointment or removal by a majority vote proceedings in which such officer or employee is concerned of the full City Council. or is a party for any act arising out of his employment or by The proposed City Charter amendment would add a requirement of reason of his official capacity. six years of increasingly responsible experience in municipal or gov- (d) Attend all regular meetings of the City Council; unless ex- ernment law. cased,and give his or Her advice or opinion orally or in writing The.proposed City Charter amendment would require that the se- whenever requested to do so by the City Council or by any lection process for CityAttorney shall include the provision that a of the boards or officers of the City. p y p P (e) Approve the form of all contracts made by and all bonds and Plicants for City Attorney shall be reviewed by a screening committee. insurance given to the City, endorsing his or her approval The proposed amendment does not provide how such members are i thereon in writing. to be chosen or provide the number of persons who shall serve on such committee.,At least one half of the members shall be made up (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. of citizens who are registered voters in the City of Huntington Beach. The balance of the committee shall be persons with current municipal (g) Devote such time to the duties of the his office and at such legal.experience but need not necessarily-be citizens or.registered place as may be specified by the City Council. voters in the City of Huntington Beach: (h) Perform such legal functions and duties incident to the exe- The proposed City Charter amendment would require that the City. cution of the foregoing powers as may be necessary. Administrator shall appoint the City Attorney from candidates re- (i) Surrender to his or her successor all books, papers, files, viewed by the screening committee,subject to approval by a majority and documents pertaining to the City's affairs. vote of the full City Council. The selection process for the City Attorney shall include the The,proposed City Charter amendment requires the screening com- following: mittee to review candidates but does not require the screening com- mittee to make recommendations for the appointment. 30-522 �I I�IIl��I��19A�1�11 ARGUMENT IN FAVOR OF MEASURE FF REBUTTAL TO ARGUMENT IN FAVOR-OF.MEASURE FF THE CITY ATTORNEY OF HUNTINGTON BEACH SHOULD BE The proponents of Measure FF have forgotten that it is the voters, APPOINTED RATHER THAN ELECTED. not the bureaucrats, who reform government.`Your access to City ove Did you know that 407 of 417 California cities appoint rather than Hall is through the doors of your elected officials.Relinquish your Adr elect City Attorneys? elected City.Attorney and you forfeit your access to, and the inde- POE Selection on merit! Accountability!-No campaign financin + pendence of, your City Attorney. the g. Every suggestion .that the proponents of Measure FF seek to The Currently we are unable to select the most qualified person for secure could be accomplished without surrendering our elected City ingi City Attorney. Attorney.The City Council has the power to hire outside attorneys Candidates for elected City Attorney must live in Huntington Beach, for legal work. The City Council'has the power.to seek a charter hob greatly.limiting selection.An_appointed City Attorney could live out- amendment to increase the necessary qualifications,of any office Cih side Huntington Beach.Many more qualified candidates will be avail- holder.But most importantly,City Council members have the'power, nett able from which to choose. and the duty, to alert the public to perceived problems with any tha Neither municipal nor government law experience is a job re- elected official. We who oppose Measure FF remind you.that no quirement for an elected City Attorney. current elected official is a signatory to ballot arguments_ in favor of go% The minimum experience required is only three years of law practice Measure FF. woi in California in wyt field.In contrast,an appointed City Attorney would Appointed City Attorneys and Treasurers have no better track re- it e need six years of increasingly responsible experience in municipal cord.than elected City Attorneys or Treasurers, they are just more the expensive. As the Los Angeles Times recently reported, the,aa- to+ or government law. pointed Treasurer of L.A. County is being singled out as the"chief issi An appointed City Attorney selected by in-depth investigation architect" of that county's financial woes.Contrary to what the pro- rather than by special interest campaign financing makes the ponents of Measure FF would have you believe, the financial woes Attc most sense. of government are not the exclusive domain of elected officials. A screening committee of citizens and.experts shall examine the . The.needed re-engineering of our City's bureaucracy.does not Chi qualifications of each applicant for appointment.The City Adminis- include relinquishment of your right to vote for crucial city officials.. an( trator with the approval of the City Council will then appoint the City Vote NO on Measure FF. an( Attorney. ma An elected City Attorney is not accountable to the City Council s/.Debbie Cook, Save Our.Parks or City Administrator. s/David P.Garofalo, Councilman, City of Huntington Beach hey Lack of.accountability fueled Orange County's bankruptcy debacle.. on You wouldn't manage your own affairs or run your business without s/Gail Hutton, City Attorney, City.of Huntington Beach t accountability.Why run Huntington Beach that way? ` Holding the job of appointed City Attorney will require accept- st able'job performance. s/Dave Sullivan, Mayor, City of Huntington Beach s!t Failing that,the City Administrator,with the approval of the City Coun- cil, can.remove the City Attorney. I Voters will have-control s/( An appointed City Attorney will be accountable to the City Adminis- trator in contrast to being unaccountable to,anyone in City govern- C meet.The C!ty,Council appoints and removes the City.Administrator. Every two years the voters elect City Council members. s/1, Vote for higher standards.. r We need the best.Vote YES. The Huntington Beach Good.Government Comm!tlee I s/Tom LNengood, Co-Chair P s/Grace Winchell, Co-Chair and Former Mayor s/Alvin Coen, Former Mayor . s/Ruth Finley, Former Mayor s/Norma Brandel Gibbs, Former Mayor. i I i i i I { 30-523 4 + 1 ARGUMENT AGAINST MEASURE FF REBUTTAL TO ARGUMENT AGAINST MEASURE FF s, There are only three individuals at city hall who offer independent The so-called independence of the elected city attorney is a myth. ty oversight of the activities of BOTH the City Council and the City The controlling factor is getting elected and re--elected! it Administrator_the City Attorney, City Clerk,and City Treasurer. Pro- In the devastating Orange'County bankruptcy, we saw how integrity posed Measure FF is the sixth attempt to,eliminate that oversight by and the courage to make difficult decisions can fall victim to the need changing the elected City Attorney to an appointed City Attorney. to get elected. to The voters of Huntington Beach have consistently and overwhelm- ty ingly voted against appointed cronies. A position that should be filled by the most qualified person„chosen is Proponents of Measure FF confuse the personality of the office after a wide search and with thorough assessment and screening, ar holder with the potential of that office. The potential of an elected is caught up in the campaign financing and special,interests of the .e City Attorney is impartiality and independence, without fear of job political arena.The City Attorney must be free of political pressures, ,r, retaliation.The potential of an appointed City Attorney is no better experienced in municipal law,and qualified to manage the Huntington ,y than that of a rubber stamp_ Beach legal department with efficiency and economy. ,p The,proponents of Measure FF think they are'in pursuit of"good. Because the.average voter has little contact with the operation of :if government"but are rather in pursuit of easy government.The result the Huntington Beach legal department, assessing an incumbent's would be to silence independent thinking inside city hall thus making performance is difficult Even faced with obvious incompetence, the it easier to accomplish the agenda of the bureaucrats rather than. voters must wait four years for an election or go through the difficult •e the agenda of the majority of voters.If the City Attorney is answerable process of recall. to the bureaucracy, rather than the voter, then legal opinions will be if issued with a predetermined bias. This charter change is directed at future appointments and tightens the selection process b . s chaha Some of the proponents of this measure want an appointed City ce in municipal law ,s Attorney so they can always get the legal opinions that they want. ® drawing applicants from a pool of increasing the required years of experiencequalifi attorneys that is In 1990, the citizen group "Save Our Parks" led the Measure C not limited by geographic boundaries )t Charter Amendment which successfully defended city-owned parks a establishing a citizen review committee and beaches. Had our City not had an independent City Attorney t and City Clerk,the measure would have been blocked through legal The appointment of the City Attorney must be ratified by a majority maneuvering and the withholding of information., vote of the full City,Council. YOU elect the City Council. The dynamic mix of a democratic form of government requires a Campaign signs, expensive mailings and powerful political cronies healthy dgse of independence. Keep your independence, vote NO do not guarantee the best choice_Take politics out of the City Attor, on Measure FF ney selection. Vote YES for appointment of the most qualified City s/Debbie Cook Attorney. Save Our Parks s/Ralph Bauer, Councilmember and Retired Businessman s/David P.Garofalo s/Tom Livengood,Co-Chairman The Huntington Beach Newspaper Publisher Good.Government Committee t Huntington Beach City Council Member s/Steve Gullage,President Huntington Beach Mobile Home Owners Association s/Gail Hutton s/Shirley S.Dettloff,, Councilmember and Small Business Owner City Attorney s/Mark Porter, Former Planning Commissioner and City of Huntington Beach Business Manager s/Kathy Van Der Pol Vice President . .Major Local Bank s/Dave Sullivan Orthodontist Mayor City of Huntington Beach 30-524 NI�I9��IBI���I�91I'll�l REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 SUBMITTED TO: HB Charter Review Commission SUBMITTED BY: Mark D. Bixby, Charter Review Commissioner SUBJECT: Amend section 302 (Compensation) regarding compensation of councilmembers. Statement of Issue: Increase transparency and accountability as well as reduce self-interest by making councilmember compensation conform more closely to California Government Code pertaining to general law cities. Recommended Action: Motion to: Amend Huntington Beach charter section 302 as follows: mol�The mof s of the City !''�.,.nei el,,,lin the Mayor-- shall receive as The eam++eas do f r thee- nen4ees as e ,�n tl�ly snln,-�. i the sum of 0 V V111FJVI 114-1-1=area se-yef r-y five Dena,. re Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Section 36516 the State of California Government Code as such provisions now exist or may thereafter be amended. Total compensation amounts in effect at the time this charter is adopted shall remain in effect until changed by subsequent ordinance pursuant to this charter section. The mayor shall be paid additional compensation of no greater than thirty-five percent of councilmember compensation. Compensation changes enacted by ordinance shall not apply to councilmembers during their terms of office. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall r-easonable and adequate amounts as may be established by or-dinanee, :,A amounts shall be deemed to be r-eimburs@meat to them of ather-r-etAiae a Andina , expenses, losses and eests imposed upon them by N414ue of their- as City cats ln;lmorl Alternative Action(s): - l - 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 ® Increase or decrease the mayoral compensation differential (35% is the current differential as computed below in the analysis) • Alter the general law 5% increase limit to be no greater than CPI. • Remove the grandfather clause and reset total compensation to some new value. • Use some percentage of household income to automatically index council compensation and/or to set a compensation ceiling. Analysis: Charter section 302 currently provides for a direct councilmember salary of$175 per month, plus reimbursement for itemized official expenses, plus an expense allowance that is "deemed to be reimbursement to them of other routine and ordinary expenses". This latter expense allowance does not require itemized reimbursement requests, and is paid unconditionally to councilmembers regardless of their actual expenses. The relevant municipal code section elaborates: 2.28.010 Expense allowance. It is deemed reasonable and adequate that in reimbursement of the ordinary and routine expenses, losses and costs imposed upon them by virtue of their serving the city in their official capacity, each Council Member shall receive monthly, during his term of office the sum of$698 per month, and the mayor shall receive the sum of$936 per month, such sums to be adjusted annually by the consumer price index for all urban consumers, all items, 1982- 84 equals 100, published by the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles/Anaheim/Riverside Metropolitan Area. Further, such expense allowance need not be accounted for by the recipient. Depending on the city's budget situation, the CPI increase isn't always applied. According to the City Council Member Information Handbook, the expense allowance rates for FY 2008/09 are $1,354.45 per month for councilmembers and $1899.49 per month for the mayor. These rates were reduced by 10% in the adopted FY 2009/10 budget, to $1,219.01 per month for councilmembers and $1,709.54 for the mayor. -2- 9/30/2009 1 l:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Given that this expense allowance is paid without regard to actual expenses, it should be considered a second salary. Therefore total councilmember salary is currently $1,394.01 per month or $16,728.12 per year, and total mayoral salary is currently $1,884.54 per month or $22,614.48 per year. The mayoral total is approximately 3 5% greater than the councilmember total. This second salary setup has been in effect at least since the adoption of the 1966 charter (I have not checked farther back than that). The current charter section 302 language survives nearly unchanged (except for pluralizing "amount") from the city council portion of the corresponding 1966 charter section: 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 Seventy-Five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense account therefor. In addition, members shall receive such reasonable and adequate amount as may be established by ordinance, which amount shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilmen. The City Clerk and City Treasurer shall each receive a compensation for their services as such to be fixed by ordinance, which compensation for such services shall not be increased or diminished after their election or during their respective terms of office. The first expense allowance ordinance provided for by the 1966 charter was ordinance 1346 adopted on 09/05/1967 which created a non-itemized expense allowance of$125 per month for councilmembers and the mayor. On 06/06/1972, a charter amendment was submitted to the voters to alter councilmember compensation to follow general law, but it went down to crushing defeat by a 3-1 margin: -3- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 502. COMPENSATION. Compensation for members of the City Council, City Clerk, and City Treasurer, shall be paid as in general law cities in the State of California in accordance with the provisions of Sections 36515, 36516 and 36517 of the Government Code of the State of California as the same now exist or hereafter may be amended. 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. Ordinance 2079 was adopted on 07/19/1976 which kept the non-itemized expense allowance at $125 per month, but clarified that additional itemized expense reimbursements were allowed, and provided department head fringe benefits for councilmembers and the mayor. On 06/06/1978, another charter amendment was submitted to the voters to alter councilmember compensation, but it also went down to defeat, this time by an approximate 3-2 margin (sorry, the detailed charter language eludes me on this one, so the ballot summary will have to do): Shall Section 502 of the existing city charter be amended to provide that the compensation for the Mayor and the City Council members be set in accordance with a sliding scale based upon the population of the city so that compensation may vary from a minimum of$400 per month to a maximum of$600 per month, and further providing for reimbursement of certain specified expenses in addition to such monthly compensation? Ordinance 2566 was adopted on 07/19/1982 which raised the allowance to $290 per month for councilmembers and $390 per month for the mayor, and pegged future increases to 75% of inflation. Note that this was right at the end of the "stagflation" era which featured several years of abnormally high inflation (the highest inflation in the past 50 years). -4- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Ordinance 2997 was adopted on 05/01/1989 and raised the allowance to $698 per month for councilmembers and $936 per month for the mayor, and changed the indexing to 100% of inflation as measured by CPI-U for the Los Angeles / Anaheim /Riverside metropolitan area. This was the most recent modification to HBMC 2.28.010. My survey of the council compensation practices of all California charter cities reveals that the vast majority of such cities rely on general law in whole or in part when setting compensation. 10 cities including Huntington Beach provide for "deemed reimbursement" expense allowances (aka second salaries) established by ordinance, and 8 cities (some of California's biggest cities) use special commissions to set compensation. There are a smattering of alternative compensation schemes, ranging from token salaries ($1 per month by the city of Needles), to nominal salaries of a few hundred dollars per month, to salaries indexed to CPI, to salaries indexed to judges' salaries. One of the most intriguing alternative schemes is to tie compensation to area household income. Inglewood (Article V, Section 4) reset their councilmember salaries to be no greater than the average household income of Los Angeles County as determined by the U.S. Census. Santa Barbara (Section 502) pegs their councilmember and mayor salaries to 80% and 100% respectively of the annual Area Median Income of Santa Barbara County as determined by the U.S. Department of Housing and Urban Development. The key elements of general law compensation from Government Code Section 36516 are: ® Population-based compensation ceilings. ® The council may increase compensation beyond these ceilings by submitting a measure to the electors for their approval. ® The council may by ordinance increase compensation beyond these ceilings by not more than 5% per year since the previous adjustment. ® Ordinances that provide for automatic future compensation increases are prohibited. It is my opinion that Government Code Section 36516 is an improvement over current city practice, and so my recommended action uses Section 36516 as the -5- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 template. However, since our current councilmember compensation is way over the Section 36516 ceiling for our population size, my proposal grandfathers in the current compensation amounts. Given the current state of the economy, plus strong antipathy towards politicians at the national and state levels, I feel that the new charter should not immediately increase councilmember compensation beyond current levels (any such increase could very well turn into a "poison pill" that would cause the new charter to be defeated at the polls). I also feel that a salary decrease is not warranted either, since the city budget has so far managed to avoid staff salary cuts despite a very challenging fiscal environment. So my goal is to stay compensation-neutral. Following general law on compensation still allows the city council direct control over compensation, as long as the year-to-year increases don't exceed 5%. Anything greater than 5% will require voter approval, which provides for accountability. My recommended action recognizes the extra responsibilities of the mayor compared to the rest of the council, and allows the current compensation differential to continue. Self-interest is reduced by preventing compensation increases from taking effect during a councilmember's term. If you are going to vote yourself a compensation increase by ordinance, you won't benefit from it unless you win re-election; this applies to mayoral compensation as well. Note that if the council wishes to increase compensation immediately, such a measure can be put to the electors for approval. Transparency is increased by doing away with the "deemed reimbursement" expense allowance. As implemented by Huntington Beach and the other cities, these unitemized reimbursements are really nothing more than a loophole to get around charter compensation limits. I would much rather see forthright, upfront discussions about councilmember compensation in Huntington Beach. One alternative action worth further discussion is whether or not to use some percentage of household income to index council compensation or to set a hard compensation ceiling. Such an index or ceiling would in effect constitute private sector style "pay for performance". If the council manages the city in such a way that the local economy grows and salaries increase, then the council should deserve -6- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 increased pay for a job well done. On the other hand, if the council makes poor decisions that harm the local economy through impeding economic growth or only growing low-wage service sector jobs, then the council should see their own pay reduced. Of course, household income is subject to larger economic factors well beyond the council's control, but having council compensation tied to the larger economy would allow the council to demonstrate empathy with city residents who are subject to the same economic forces. One problem with indexing to household income is the availability of reliable, current data. U.S. Census American Community Survey (ACS) data lags behind by one to two years (2008 is the most recent year that is currently available), and U.S. HUD data does not appear to be collected at the city level for Huntington Beach. So finding up-to-date city-level data may be difficult based on a few hours of web searching that I did. Thus council compensation tied to household income would tend to lag a bit behind the events that impacted household income. Since the voters have defeated compensation charter amendments twice before, it would be undesirable to have compensation act as a "poison pill" that would prevent adoption of other charter reforms. Fortunately the historical record provides a solution for avoiding the "poison pill" problem. The 1978 charter revision effort largely revised the entire charter. But in recognition of the controversial nature of several amendments, including council compensation, the ballot for the 06/06/1978 election was very cleverly organized. The main measure on the ballot was for replacing the entire charter except for the controversial sections amended in subsequent measures on the same ballot. This proved to be a wise decision, because the main measure passed to revise nearly the entire charter, and all but one of the controversial auxiliary measures went down to defeat. I strongly recommend that the commission adopt a similar ballot strategy for any controversial issues if possible. References: -7- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 • Inglewood charter - htM://www.ctofinglewood.orgjdepts/ciiyclerks/ciil—charter.asp • Santa Barbara charter - hqp://www.santabarbaraca.gov/Govemment/Ordinances/Charter/ Attachments: • California Government Code Section 36516 • City of Huntington Beach ordinances 1346, 2079, 2566, 2997 -8- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MMEETING DATE(S): 10/06/2009, 10/20/2009 California Government Code Section 36516 36516. (a) A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be determined by the following schedule: (1) In cities up to and including 35, 000 in population, up to and including three hundred dollars ($300) per month; (2) In cities over 35, 000 up to and including 50, 000 in population, up to and including four hundred dollars ($400) per month; (3) In cities over 50, 000 up to and including 75, 000 in population, up to and including five hundred dollars ($500) per month. (4) In cities over 75, 000 up to and including 150, 000 in population, up to and including six hundred dollars ($600) per month. (5) In cities over 150, 000 up to and including 250, 000 in population, up to and including eight hundred dollars ($800) per month. (6) In cities over 250, 000 population, up to and including one thousand dollars ($1, 000) per month. For the purposes of this section the population shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (b) At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended which provides for automatic future increases in salary. (d) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) to (c) , inclusive. For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty -9- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 dollars ($150) per month for each commission, committee, board, authority, or similar body. (e) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees. (f) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. - 10- 9/30/2009 11:19 AM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Huntington Beach Ordinance 1346 - 11 - 9/30/2009 11:19 AM ORDINANCE No. 1346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADD- ING CHAPTER 119 ARTICLE 111 AND SECTION 1111 RELATING TO EXPENSE ALLOWANCE FOR CITY COUNCILMEN. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Chapter 11 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: CHAPTER 11 COUNCIL Section 2. That Article 111 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: ARTICLE 111 COMPENSATION Section 3. That Section 1111 is hereby added to Article 111 of the Huntington Beach Ordinance Code to read in words and figures as follows: Section 1111. Expense Allowance for City Councilmen. There `. shall e allowed o each mem er o e City Council the sum of'One Hundred Twenty-five Dollars ($12$.00) per month. Said allowance is authorized to reimburse said members of the City Council for expense of attending meetings, traveling to and from their usual place of business to said meetings, travel- ing to and from property under consideration for action by the City Council, and all other expenses of their duties as Council- 1. Ord. No. 1346 men. The expense authorized hereunder need not be accounted for by the recipients, but no other expenses shall be allowed except upon specific authorization therefor by the City Council. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be. published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, . the same shall take effect and be In force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, at a regular meeting held on the 5th day of September , 1967. May r ATTEST: City Cle APPROVED AS TO FORM: OU NN MAHSHa-LA Asst.City Attorney 2. Ord. No, 1346 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, PAUL C. JONES, the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of August , 19 67 , and was again read to said City Council at a regular meeting thereof held on the 5th day of September , 19 67 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Coen, Bartlett, Gisler, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Stewart C;02c �C�, City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach, California I, HAUL C. JONES, CITY Hu Bea nun ton CLERK of the City of g Beach and ex-otficin Council, do 'herebyClerk of the City been uhl<shed ir cert4 th;� ,,"i—ce, has the Ht! 3:a. h N_ws on In a - -Canes w th the ?9 pity ::barter of said G ty.- --------------- ��` City Cterk -............... Deputy City Clerk REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Huntington Beach Ordinance 2079 - 12- 9/30/2009 11:19 AM ORDINANCE NO. 2079 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2. 28.010 THEREOF AND ADDING SECTION 2. 28. 020 THERETO, PERTAINING TO EXPENSE ALLOWANCE AND FRINGE BENEFITS OF COUNCIL MEMBERS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 2.28. 010 to read as follows: 2.28.010 Expense Allowance. It is deemed reasonable and adequate that in reimbursement of the ordinary and routine expenses, losses and costs imposed upon them by virtue of their serving the city in their official capacity, each council member, including the mayor, shall receive monthly, during their term of office, the below-listed amount as an expense allowance, which allowance need not be accounted for by the recipients : Each Council Member, including Mayor $125 In addition thereto, each member of the city council, including the mayor, 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. A summary listing of such itemized expenses for each month shall be presented to the council for approval at the first regular meeting of the following month. This section is intended to meet the requirements of Section 502 of the City Charter. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding Section 2.28. 020 thereto to read as follows : 2.28.020 Fringe benefits . Each member of the city council shall receive all fringe benefits which are granted, and in the future shall be granted, to the department heads of the City of Huntington Beach, and the cost of such fringe benefits shall be included in the annual budget . SECTION 3. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within DPB:er 1 . i fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July, 1976. ATTEST: Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: 011 7-ty Administrator City Attor ey i APPROVED BY INITIATING DEPARTMENT: I i I I 2. Ord. No. 2079 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH j I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council. at a regular meeting thereof held on the 6 day of July 1976 , .and was again read to said City Council at a regular meeting thereof held on the 19 day of July 1976 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett,,P tLinann, rn[-n- rihhs. .ciahprr-Shenkmsa, WiBdBtr NOES: Councilmen: NgnP ABSENT: Councilmen: Song / f 10 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M, Wentworth.CITY CLERK of the City of Huntin t,m ..zth a;.d of,the City Count'(, d: h :b:' has been rA i.; ± -n i'2sws on In C ,:at. ill-------.-lJ--[A.M. WEN R(73.......... C.1;y Clerk .. ......--- . . ........................,., _ De ' .Clerk REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Huntington Beach Ordinance 2566 - 13- 9/30/2009 11:19 AM ORDINANCE NO. 2566 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.28.010 RELATING TO EX- PENSE ALLOWANCES FOR CITY COUNCILPERSONS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending section 2.28.010 to read as follows : 2.28.010 Expense allowance. It is deemed reasonable and adequate that in reimbursement of the ordinary and routine ex- penses , losses and costs imposed upon them by virtue of their serving the city in their official capacity, each council mem- ber shall receive monthly, during his term of office the sum of $290 per month, and the mayor shall receive the sum of $390 per month, such sums to be adjusted annually at 75 percent of the consumer price index for the previous year. Further, such expense allowance need not be accounted for by the recipient. In addition thereto, each member of the city council, in- cluding the mayor, shall receive reimbursement on order of the city council for council-authorized travel and other expenses when on official duty upon submission of itemized expense account therefor, and pursuant to administrative regulations pertaining to the payment thereof. A summary listing of such itemized ex- penses for each month shall be presented to the council for ap- proval at the first regular meeting of the following month. This section is intended to meet the requirements of section 302 of the city Charter. Appropriations for the allowance and other expenses provided for herein shall be included in the annual bud- get, approved by the city council. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July , 1982. ahb 6/30/82 1. i Mayor Pro Tem ATTEST: APPROVED AS TO FORM: City Clerk ting y Attor y INITIATED AND APPROVED: 2Ci Admi trator 2. Ord. No. 2566 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of July 19 82 , and was again read to said City Council at a regular meeting thereof held on the 19th day of July , 1982 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattincnn, ThnmaS,MarAllictprP ail_py_ Kelly NOES: Councilmen: Finley ABSENT: Councilmen: Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California t.Mde M. Wentworth CITY CLERK of the.City of ftiftbratan Beach and ex-officio Clerk of the City CamozA.do Imeby Certify that a synopsis of this ShMesome 4As been pColished in the Huntington D�Wmwlch tars- ent on rr .... l9d.Z' Ou with th City C ne:Lof said City. /C-/ 9- /Vf ...''c..1�T 4/94_1.vl . City Clerk . . .................. Deputy City Ckutc REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 Huntington Beach Ordinance 2997 -14- 9/30/2009 11:19 AM ORDINANCE NO. 2997 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2 .28.010 RELATING TO EXPENSE ALLOWANCES FOR CITY COUNCILPERSONS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending section 2.28.010 to read as follows: 2_,28,010 Expense allowance. It is deemed reasonable and adequate that in reimbursement of the ordinary and routine expenses, losses and costs imposed upon them by virtue of their serving the city in their official capacity, each council member shall receive monthly, during his term of office the sum of $698 per month, .and the mayor shall receive the sum of $936 per month, such sums to be adjusted annually by the consumer price index for all urban consumers, all items, 1982-84 equals 100, published by the United States Deptartment of Labor, Bureau of Labor Statistics, for the Los Angeles/Anaheim/ Riverside Metropolitan Area. Further, such expense allowance need not be accounted for by the recipient. In addition thereto, each member of the city council, including the mayor, shall be reimbursed pursuant to the city' s business expense policy for council authorized travel and other expenses when on official duty upon submission of itemized expense account therefor. This section is intended to meet the requirements of section 302 of the city Charter. Appropria- tions for the allowance and other expenses provided for herein -1- shall be included in the annual budget approved by the city council. SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of May , 1989. Mayor ATTEST APPROVED AS TO FORM: City Clerk. City At � ney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator sg -2- 2997 Ord, No. 2997 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF fHUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntirigi:on Beach is seven; that the foregoing ordinance was read to said City Council at a regular __ meeting therof held on the 17th day of April 19 89 , and was again read to said Citv Council at a regular---__ meeting therof held on the 1st day of May 1989 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Bannister, Mays, Silva, Erskine TOES: Councilmembers: Green, Winchell ABSENT: Councilmembers: None I, Connie Brockway, CITY Clerk of the City of Huntington Beach and ex-of do Clerk of ft City City Clerk and ex-offs Clerk Council hereby certify that a synopsis of this of the City Council o the City 'as been publishedin the DailyPnoton of Huntington Beach, California 19�R In acc�cati::� vaith tht8 Ui p Orarlew tzid Ohy. Connnin S,ock a}r sty erk DeputyCTY Clerk c x, e 0 0 AGENDA Tues., Oct. 6, 2009, 6:00 PM City Hall, Room ®7 QMeaae Note Boom Change) I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside II. Public Comments_ : An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the -----submitted comments.---------------------------------------------------------------- ---------------------- Itl. PowerPoint presentation on Elected Official and the City Charter— Raphe Sonenshein IV. Discussion and possible Sections 300, 302, 304, 305, 306, 309, 310, 311, &800 of the City Charter which relate to the city's elected offices. Potential action on the following: • Review Section 300 to consider changing the the office of Mayor to directly elected • Review Section 302 to consider changing the compensation for the Mayor and Council ® Review Sections 304-305 for possible changes in the proceedings of the Council or the duties of the Presiding Officer ® Review Section 306 for any potential changes in the designation or duties of the Mayor Pro Tempore © Review section 300 to consider changing the office of City Clerk from elected to appointed • Review Section 310 for potential changes in the qualifications, powers, and duties of the City Clerk • Review section 300 to consider changing the office of City Treasurer from elected to appointed ® Review Section 311 for potential changes in the qualifications, powers, and duties of the City Treasurer © Review section 300 to consider changing the office of City Attorney from elected to appointed • Review Section 309 for potential changes in the qualifications, powers, and duties of the City Attorney. © Review Section 800 for potential changes that may be needed in transitioning the elective offices. V. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission VI. Adjourn to the next regular meeting scheduled for Tuesday, October 19 at 6 PM in Room B-8 of City Hall. Attachments: * 1. Powerpoint presentation on Elected Officials and the City Charter 2. A spreadsheet providing data for other cities on the Mayor and Council 3. A spreadsheet providing data for other cities on their City Clerk, City Treasurer, and City Attorney 4. Information & Recommendations Provided by Commissioner Bixby 5. Information from City Attorney, Jennifer McGrath * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. C (�1tVol ACTION MINUTES Tues., Sept.1, 2009, 6:00 P I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside (All present except Bame) II. Public Comments ----------------------------------------------------------------------------------------------, An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit f their comments in writing Each Commission Member will receive a copy of all the '-----submitted comments.---------------------- ------------------------------------------------------------------- Two speakers: • Richare Hart spoke in opposition to amending Section 605 of the Charter. His letter was in the agenda packet. • Jim Adams distributed information in support of including a prevailing wages provision in the City Charter. III. Approval of Minutes August 18 (Bauer, Hartnett, Silver, & Stuart absent) On motion from Dettloff and second from Sullivan the minutes were approved 14-0-1 as submitted. IV. Review and Approval of the Charter Review Timeline On motion from Shaw and second from Sneddon the Timeline schedule was approved as submitted. V. Proposed Criteria for Charter Measures and Process for Public Meetings—Sonenshein The facilitator, Raphe Sonenshein, provided background on the purpose of Charters and the criteria for charter measuers. No action was taken. Later in the meeting he provided recommendations on conduct of the Commission's public meetings. Vl. Review Charter Sections 303, 308, 312, 313, 500-503, 600-602, 605, 607-611, 615-616, and 802-803 for review and possible straw votes on recommended amendments -Sonenshein and City Staff The commission reviewed the above sections of the charter and the following actions were taken: Section 303 Meetings and Location With regard to closed sessions, after discussion about the Brown Act and current city practice, a motion was made by Sullivan and seconded by Hartnet to keep this section as is except for language updates. The motion carried 14-0-1. Section 303 Meetings and Location With regard to publishing meeting notices, a motion was made by Silver, seconded by Sneddon to strike outdated references to publication of meetings through outdated sources such as telegram and radio and word it in such a way that it can be adapted with changes in technology. The motion carried 14-0- Charter Review Commission Minutes 09-01-09 2 Section 303 Meetings and Location With regard to posting of agendas and minutes, following discussion of current city practice with regard to posting of the City Council agendas and minutes as well as those of the boards, commissions, and committees, a motion was made by Silver seconded by Shaw to rewrite the requirements for posting of agenda materials and minutes to require the broadest possible availability of these materials as practically possible. The motion carried 14-0-1. Section 308 Official Bonds Following discussion, a motion was made by Silver and seconded by Dettloff to keep this section as is except for language updates and to bring current with State Law. The motion carried 14-0-1. Section 312 Vacancies. Forfeitures and Replacement Following discussions about the meaning of moral turpitude and the intent of this section, a motion was made by Shaw and seconded by Silver form the following section "If an elected city officer is convicted of a crime involving moral turpitude or ceases to be an elector of the city, the office shall become vacant, make the following changes stike"is convicted of a crime involving moral turpitude" and replace them with language reflecting the following, "pleads no contest, is convicted of a felony, regardless of whether they file an appeal of the conviction," The motion carried 14-0-1. EXAMPLE: "If an elected city officer is GGAViGted of a GFirne involving Fneral tuFpitude pleads no contest, is convicted of a felony, regardless of whether they file an appeal of the conviction, or ceases to be an elector of the city, the office shall become vacant. Section 313(b) Nepotism—After some discussion a motion was made by Silver and seconded by Kutscher to keep this section as is except for language updates. The motion carried 12-2-1 (Bixby, Shaw opposed) Section 500(a) Re ular Ordinances The City Clerk, Joan Flynn requested the Commission consider changing the requirement for a second reading by title. Ordinances would still be brought to the Council for Introduction and a second reading but no longer read by title at the second reading. A motion was made by Shaw and seconded by Sneddon to strike the requirement that ordinances be read by title at their second reading. The motion carried 14-0-1. EXAMPLE: "Upon introduction and seGGRd Feading, an ordinance shall be read by title only." Section 500(c) Publication of Ordinances Current language requires publication in a newspaper published and generally circulated in the city. The City Clerk requested a change in the publication requirements to allow for other forms of posting. A motion was made by Stuart and seconded by Kutscher to rewrite this section to allow posting of ordinances in a way that would provide the widest distribution possible. The motion carried 14-0-1. Section 501 Emergency Ordinance Following some discussion, a motion was made by Bixby and seconded by Sullivan to amend this section so that emergency ordinance would automatically be repealed after 120 days. The motion carried 14-0-1. Section 502 Resolutions After some discussion a motion was made by Silver and seconded by Sneddon to keep this section as is except for language updates. Charter Review Commission Minutes 09-01-09 3 Sections 600 Fiscal Year The current Charter calls for a fiscal year of July 1 to June 30. The current function fiscal year is based on the State's fiscal year of October 1 to September 30. Staff requested that the Commission remove the dates and allow the fiscal year to be set by ordinance or resolution. A motion was made by Sneddon and seconded by Dettloff to remove the dates for the fiscal year and provide language to allow the City Council to set it by ordinance or resolution. The motion carried 14-0-1. Section 602 Annual Budget Preparation Staff requested the Commission amend the Charter to allow the budget to be submitted to the Council 30 rather than 60 days prior to the beginning of each fiscal year. A motion was made by Sullivan and seconded by Hartnett to amend this section of the Charter to require that the budget be submitted to the City Council at least 30 days prior to the beginning of each fiscal year. The motion carried 14-0-1. Section 605 Annual Budget Appropriations-After some discussion a motion was made by Sullivan and seconded by Shaw to keep this section as is except for language updates. Sections 607, 608, 610, &611 Taxes and Bonds. A motion was made by Sneddon and seconded by Brendan to continue these items to allow the City Attorney time to research current state legal requirements. No date was set for them to be brought back. The motion carried 14-0-1. Section 609 Real Estate Transfer Tax After some discussion a motion was made by Sullivan and seconded by Johnson to keep this section as is except for language updates. Section 615 Granting of Franchises (Commissioner Harlow recused himself from this discussion because of a possible conflict.) A motion was made by Bixby and seconded by Shaw to amend the Charter to require that franchises not exceed 25 years and always state a term. Concerns were raised by city staff that such a change would limit the city's ability to negotiate the best terms for the city. After some discussion, the motion failed 12-1-2 (Bixby opposed). A second motion was made by Sneddon and seconded by Stuart to keep this section as is except for language updates. The motion carried 12-1-2 (Bixby opposed). Section 616 Independent Audit a motion was made by Stuart and seconded by Sullivan to keep this section as is except for language updates. The motion carried 14-0-1. Section 802 Violations A motion was made by Silver to eliminate the $500 fine and allow it to be set by ordinance. Discussion ensued without a second. A second motion was made by Dettloff and seconded by Kutscher to strike the wording specifying a $500 fine and imprisonment and leave only the following: "The violation of any provision of this Charter shall be a misdemeanor." The motion carried 14-0-1 Commissioner Stuart expressed a concern about the value of the Commission's work if it can be ignored. He suggested that the revised charter include a preamble stating its importance. It was also suggested that a requirement be included in the Charter for a set review period. Section 803 Property Rights Protection Measure a motion was made by Whiteside and seconded by Sneddon to keep this section as is except for language updates. VII. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Charter Review Commission Minutes 09-01-09 4 Commissioner Silver asked that there be discussion about city's reserve policy when the Commission addresses Section 617 (Infrastructure Fund) in February. He noted that there was a Council Study Session on Aug. 17 in which there was discussion about changing the distribution of unreserved/undesignated funds each year. These changes will be included in the city budget at the next Council meeting. VIII. Adjourn to the next scheduled meeting at 6 PM on Tues., September 15 in the City Council Chambers to take public testimony on Sections 300, 302, 304, 305, 306, 309, 310, 311, & 800 which relate to the city's elected office. Tues., Septo15, 2009, 6:00 PM City HaH, City C®uli cH Chambers 1. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside All Present 11. Public Comments —The Commission has scheduled this public meeting to hear the public's thoughts on City Charter Sections 300, 302, 304, 305, 306, 309, 310, 311, & 800 which relate to the city's elected offices. Nonetheless, comments on any section of the Charter are welcome. An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit i their comments in writing. Each Commission Member will receive a copy of all the submitted comments. -------------------------------------------------------------------------------------------------------------------------- There were 13 Speakers: • Keith Bohr • Rich Meyer • Richard Hart • William O'Connell • Clem Dominguez • Shari Freidenrich • Robert Dettloff • Kreg Muller • Julie Bixby • Joan Flynn • Fred Speaker • Victor Leipzig • Ed Kerins Ill. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Commissioner Shaw requested that staff provide the cost for a charter amendment election and the cost for staff time to support the Commission's work. City Clerk, Joan Flynn, provided the estimated election costs. IV. Adjourn to the next scheduled meeting at 6 PM on Tues., Oct. 6 to discuss Sections 300, 302, 304, 305, 306, 309, 310, 311, &800 which relate to the city's elected offices. Attachments: Information Items submitted by Mayor Keith Bohr 1. List of California Cities with a Directly Elected Mayor 2. List of the 25 Largest California Cities * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Elected Officials and the Charter Prepared by Raphael J . Sonenshein, Consultant For the Huntington Beach Charter Reform Commission Meeting, October 6, 2009 The Strong Mayor C unci System MMO U N CI L z -`.'_ m.��:::✓�'. ?,;' � ;�'- 3�" - � --�';x;, rye.,, a,>�M"2:�.. '<?, -,...r,, -zv ,nt.. �. � �<�f r�: '�;y` .yE-� 3'-" �U �--#'•r ,i^.� s'a` "S Xs T" l .`3%'- '.�:".°.:'°.>., b+a'T•.. >,s _ The Commission Plan MAYOR COMMISSIONER COMMISSIONER [COMMISSIONER [COMMISSIONER DEPT DEPT DEPT DEPT DEPT The Council Manager ��sca :ssMr7O Concessions by the systems • Mayor council adds an administrator • Council manager adds an elected mayor • But.. .the administrator is usually not a city manager, and the elected mayor is usually not a strong mayor Attorney, Clerk, Treasurer • Reformers tend to oppose election of all but council and mayor • But voters often like to elect other offices • Most common and oldest are clerk and treasurer at all city sizes • Elected attorney rarer and more common on larger and middle sized cities How California Cities Do It : the dig 8 • Population range : 420, 183 — 4,045,873 • Charter cities • all have directly elected mayors • most have strong mayors in mayor-council system • half of all of California 's elected city attorneys are in the Big 8 (5/11) • few elected clerks and treasurers • district elections for council are common How California Cities Do It : The Upper Middle • 27 cities, population range 147,897 - 353,184 • charter cities: 18/27 • directly elected mayors: 20/27 • mayors with some powers beyond appointment of commissioners: Riverside and San Bernardino • weak mayors directly elected: 18 elected • city attorneys: 3/27 Big 8 and Upper Middle account for 8/11 of all elected city attorneys in the state • elected clerks: 9/27; elected treasurers: 9/27, all in the same cities as the elected clerks How California Cities Do It : The Rest • Number of cities : 437 • Population range : 95-147,428 • charter cities : 61 • directly elected mayors : 119 • elected city attorneys : 3 • elected city clerks : 138 • elected city treasurers : 164 Observations • Strong mayor system, as in Big 8 cities, is not relevant to HB deliberations • If HB adopts directly elected mayor, the weak mayor model variant of council-manager system is more relevant • Not much reform wisdom on the other offices; local experience decides. Long run likely to trend toward appointed but there is no rush. MAYORS'INFORMATION I COUNCIL NOMINATED BY CITY V OPULATIO MAYOR CHARTER MAYOR'S POWERS ELECTED BY DISTRICT/ELECTED AT- crnirT LA GL`C 1 Los Angeles 4,045,873 elected charter strong mayor;appoint and remove CAO;veto;appointments;budget Council by district I 2 San Diego 1,336,865 elected charter strong mayor;appoint and remove city manager;veto;appointments;budget;trial period 06-10 District 3 San Jose 989,496 elected _ charter weak mayor;presides over council;nominates city manager for council approval District 4 San Francisco 824,5251 elected charter strong ma or veto;appointments;budget 5!Long Beach 492,6421 elected charter maw rp esides over council;veto;shares in appointment and removal of city manager District 6 Fresno 489,1711 elected charter mayor council system,but with city manager District 7 Sacramento 475,7431 elected charter on ballot 2010 to consider strong mayor form of government District 8 Oakland 420,1831 elected charter strong mayor ap oint and remove city administrator;appointments;budget District 9 Santa Ana 353,184 elected charter mayor serves as one council member;no special powers;city manager administers nom by district;elect at large I 10 Anaheim 346,823 elected charter_mayor serves as one of five council members no special powers;city manager administers 11 Bakersfield 328,692 elected charter mayor serves on the council;no special powers;city manager administers District 12 Riverside 296,842 elected charter mayor presides over council;veto power;city manager administers District 13 Stockton 289,927 elected charter mayor presides over council;some limited appointment and budget oles;ci manager administers nom by district;elect at large 14 Chula Vista 231,305 elected charter may is a member of the council;no special powers city mans er administers 15 Fremont 213,512 elected mayor is a member of the council;ci manager administers 16 Modesto 209,936 elected charter mayor is on council;some limited powers similar to Stockton District(2009) 17 Irvine 209,806 elected charter mayor is on council,no special powers;city manager administers 18 Glendale 207,157 charter traditional council-manager government 19 San Bernardino 205,4931 elected charter mayor appoints city manager;veto power District traditional council-manager government;council must approve appointment&removal of 20 Huntington Beach 201,993 charter dept heads 211Oxnard 194,905 elected Major is a member of the council;nos ep cial powers;city mana er administers 22 Fontana 188,498 elected mayor is a member of the council;no special powers;city manager administers 23 Moreno Valley 183,860 mayor is a member of the council;no special powers;ci mana er administers District 24 Oceanside 178,806 elected presiding officer,ceremonial head,no special powers 25 Santa Clarita 177,045 traditional council-manager government 26 Rancho Cucamonga 174,308 presiding officer,ceremonial head,nos ep cial powers 27 Ontario 173,690 elected presides over meetings,official head,no special powers 28 Garden Grove 173,067 mayor serves as one of five council members,no special powers;city manager administers 29 Pomona 163,405 elected charter mayor serves as one council member;ceremonial head;city manager administers District presides over meetings,w/mgr establishes the agenda,appoints council members to city,regional, 30 Santa Rosa 159,981 charter &state bodies 31 Salinas 150,898 elected charter presiding officer,official head,no special powers District 32 Hayward 149,205 elected charter presiding officer,voting member of Council no special powers 33 Torrance 148,965 elected charter presiding officer voting member of Council,signs contracts and warrants of the city 34 Pasadena 148,126 elected charter ce_presiding officer,official head, o of the city under the terms of general laws of the state District 35 Palmdale 147,897 elected _presiding officer,appoints all board&commission members w/Council approval 39I Oran a 140,849 elected residing officer,voting member of Council no special op wers 42 Fullerton 137,437 presiding officer,voting member of Council no special powers 77 Westminster 93,027 elected_ presiding officer,voting member of Council,no special owers 81 Santa Barbara 90,305 elected charter presiding officer,voting member of Council no special powers 881 Newport Beach 84,554 charter presiding officer,voting member of Council,nos ecial powers nom by district;elect at large Page 1 A B C D E F G 1 CITY POPULATION CHARTER? CITY ATTORNEY CITY CLERK CITY TREASURER 2 1 Los Angeles 4,045,873 charter elected 3 2 San Diego 1,336,865 charter elected 4 3 San Jose 989,496 charter 5 4 San Francisco 824,525 charter lelected elected 6 5 ILong Beach 492,642 charter elected 7 6 Fresno 489,171 charter 8 7 Sacramento 475,743 charter 9 8 Oakland 420,183 charter elected 10 9 Santa Ana 353,184 charter 11 10 Anaheim 346,823 charter 12 11 Bakersfield 328,692 charter 13 12 Riverside 296,842 charter 14 13 Stockton 289,927 charter 15 141Chula Vista 231,305 charter I elected 16 15 Fremont 213,512 17 161Modesto 209,936 charter 18 17 Irvine 209,806 charter 19 18 Glendale 207,157 charter elected elected 20 19 San Bernardino 205,493 charter elected elected elected 21 201111untington Beach 201,993 charter elected elected lelected 22 21Oxnard 194,905 elected lelected 23 22 Fontana 188,498 elected lelected 24 23 Moreno Valley 183,860 25 24 Oceanside 178,806 elected lelected 26 25JSantaClarita 177,045 1 27 26IRancho Cucamonga 174,308 elected lelected 28 27 Ontario 173,690 elected elected 29 28 1 Garden Grove 173,067 30 29 Pomona 163,405 charter 31 301 Santa Rosa 159,981 charter 32 31 Salinas 150,898 charter 33 32 Hayward 149,205 charter 34 33 Torrance 148,965 charter elected elected 35 341Pasadena 148,126 charter 36 35 Palmdale 147,897 _ 37 39 Orange 140,849 elected I elected 38 42 Fullerton 137,437 39 771 Westminster 93,027 40 811 Santa Barbara 90,305 charter 41 88 Newport Beach 84,554 charter COMMISSIONER BIXBY'S PROPOSALS: Attached is information submitted by Commissioner Mark Bixby that relates to the Charter Sections scheduled for the Commission's October 6 Meeting. The Charter Sections scheduled for October 6 are: 3009 3029 304s 3059 3069 3099 3109 3119 & 800 which relate to the city's elected offices REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 SUBMITTED TO: HB Charter Review Commission SUBMITTED BY: Mark D. Bixby, Charter Review Commissioners 1� SUBJECT: Amend charter section 300 (City Council, Attorney, Clerk and Treasurer Terms) to provide for appointed attorney and treasurer, but to retain an elected clerk. Statement of Issue: Convert certain elected officers to appointed. Recommended Action: Motion to: Amend Huntington Beach charter section 300 as follows: • Change city attorney to be appointed or removed by the city administrator subject to approval by the city council under existing charter section 401(a) but also subject to recall by a vote of the electors • Change city treasurer to be appointed or removed by the city administrator subject to approval by the city council under existing charter section 401(a) but also subject to recall by a vote of the electors • Keep city clerk as an elected officer • Structure the charter revision ballot to split off all elected-to-appointed changes as separate ballot items Analysis: The city attorney and the city treasurer both serve city hall nearly exclusively rather than the public and thus should be converted from elected to appointed positions. The city clerk however has evolved critically important public-facing responsibilities in addition to serving as council record keeper and so should remain an elected position answerable to the public served by the clerk. During the 10 years I have lived in Huntington Beach, the city clerk has been the biggest driver of municipal transparency and provides some of the best public customer - 1 - 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 service of any city department. Key public-facing responsibilities of the city clerk currently include: • Creation and distribution of city council agendas that surpass most other cities for detail and quality. • Creation and distribution of city council minutes essential for retaining historical perspective. • Internet publication of council agendas, minutes, audio, and video. • Collection and distribution of campaign finance disclosure statements, and partial Internet publication of these statements. • Collection and distribution of economic interest statements. • Internet publication of nearly the entire city clerk historical record archive via the SIRE system. • Serves as an impartial election official, with an unbiased approach to the candidacy process. • Serves as an impartial office for individuals to file claims against the city, and for the serving of summons. • Conducts public outreach efforts centering on education as to the public's right to access their records, election information, and voter registration. Furthermore, the city clerk's department is willing to assist other city departments in migrating to the SIRE electronic document management system, which offers the possibility of even greater transparency to benefit the public. If the city clerk were appointed rather than elected, changing priorities at city hall could be imposed on the city clerk resulting in lessened transparency that would be harmful to the public. The inherent politics of appointed positions could also result in reduced impartiality. Whereas if the city clerk continues to be an elected official, the clerk would have to answer directly to the public at election time for any lapses in transparency or impartiality. The public's leverage at election time is the last defense on behalf of transparency and impartiality. Thus it is my strong preference that the city clerk remains elected. An examination of city election history from 1913 to present (see attached) shows that the topic of converting the elected attorney, clerk, and treasurer to appointed positions keeps coming up again and again and again. A sampling of associated ballot arguments (see attached) shows that the current and former councilmembers -2- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 at the time were often highly split over these measures. And every time these measures are submitted to the electors, they go down to defeat: • Measures to convert the attorney have been defeated 7 times • Measures to convert the clerk have been defeated 4 times • Measures to convert the treasurer have been defeated 5 times Clearly Huntington Beach voters have their minds set on this issue. And it is my opinion that the current extreme antipathy towards state and national politicians makes it extremely unlikely that the voters will change their minds in 2010 and relinquish electoral control over these three city offices. So what should be done to improve the chances of success if the charter review commission (and the city council) wants to move forward with these conversions? One idea that should be considered is that even though these may be converted to appointed positions, the public should be given the right of recall to still be able to exercise control if an appointment turned out badly. This was actually done in the 11/05/1968 election measure to convert the attorney to appointed, but still it was defeated. But this may simply have been due to voter fatigue, since just seven months earlier on 04/09/1968 there was yet another election at which the appointed attorney, clerk, and treasurer all went down to defeat. And four years earlier on 11/03/1964 yet another appointed attorney measure went down to defeat. So I suspect the voters were just tired and didn't want to deal with it any more. My recommendation to the commission is that any conversions to appointed positions try again by making them subject to recall by the people in order to increase the chances for adoption. But even providing for recall may not be enough to convert these positions to appointed, given the long electoral history of defeats. Including these conversions within a single charter revision measure that replaces the entire charter could likely prove to be a "poison pill" that would doom the entire charter revision to defeat. Fortunately the historical record provides a solution for avoiding the "poison pill" problem. The 1978 charter revision effort largely revised the entire charter. But in recognition of the controversial nature of several amendments, including -3- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 converting the attorney, clerk, and treasurer to appointed, the ballot for the 06/06/1978 election (see attached) was very cleverly organized. The main measure on the ballot was for replacing the entire charter except for the controversial sections amended in subsequent measures on the same ballot. This proved to be a wise decision, because the main measure passed to revise nearly the entire charter, and all but one of the controversial auxiliary measures went down to defeat. I strongly recommend that the commission adopt a similar ballot strategy for any controversial issues if possible. Attachment(s)• • City elections summary (1913 to present) 06/06/1978 ballot measures • 06/06/1978 ballot arguments 11/06/1984 ballot arguments • 03/26/1996 ballot arguments -4- 9/26/2009 4:19 PM REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 City Election Summary 1913 t® Present -5- 9/26/2009 4:19 PM Election Type Result Summary 7/15/1913 proposition 66160 park/music/advertising tax 4/13/1914 proposition board of trustees meeting pay 12/28/1915 proposition adopted bonded debt limit 4/10/1922 proposition ad6p tiqd" board of trustees monthly pay 8/21/1922 proposition defeated ordinance 209 amendment 4/12/1926 proposition adopt6d, ordinance 209 amendment establishing business & residential districts 11/16/1926 proposition ad6ptedr.'1 ordinance 209 amendment — 4/9/1928 proposition city council monthly pay 4/14/1930 proposition defeated business district boundary change 4/14/1936 proposition adopted, exceed 5% limit to construct a beach pavilion 4/14/1936 proposition defeated construct a beach bowl 4/14/1936 proposition defeated civil service for police &fire 4/14/1936 proposition adopte& municipal water system 11/3/1936 initiative canvass missing business licensing 4/29/1937 proposition adopted charter adoption 4/29/1937 proposition defeated council districting 8/3/1937 proposition adopted elected city judge&city attorney 8/3/1937 proposition jadoptoo, elected police chief 4/12/1938 proposition adopted�. park construction debt 9/27/1939 proposition defeated municipal water system debt 11/21/1939 proposition adoptdd'' charter amendment to create board of education 4/14/1942 proposition qdoptpd:..;,,d. charter amendment-city council meetings 4/14/1942 proposition adopted charter amendment-appointee qualifications 4/14/1942 proposition adopted charter amendment-vacancy appointments 4/14/1942 proposition qdoptpd charter amendment-public works contracting 4/14/1942 proposition adopted charter amendment-special taxes 4/14/1942 initi�tiv-f.-Jk, defeated close dance halls between midnight and 8AM (resolution 898) 4/9/1946 proposition adopt&d charter amendment-public works contracting 4/13/1948 proposition defeated charter amendment-council-manager form of government 4/13/1948 proposition addptdd��, charter amendment-general law 4/13/1948 proposition adopt charter amendment-canvassing charter amendment-city council meetings 4/13/1948 proposition a d 6 0 4/13/1948 proposition _a4opted-,, charter amendment-ordinance publication 4/13/1948 proposition 6dopte-d-., charter amendment-mayor vacancy 4/13/1948 proposition ado pted: charter amendment-public works contracting 4/13/1948 proposition charter amendment-special taxes 4/13/1948 proposition ad6lot charter amendment-franchises 11/2/1948 proposition defeated charter amendment-department of public service 11/2/1948 proposition 606ptgd,.�'. charter amendment-appointed city judge 11/2/1948 proposition a'dd"p-t";O-d;!-�*'---�.-'�-,,"t repeal o inance 396 (business license tax) 9/14/1954 proposition water bond 4/8/1958 proposition defeated city council monthly pay 4/8/1958 proposition defeated appointed chief of police 4/8/1958 proposition defeated appointed city attorney 6/9/1959,ref6rendum, defeated ordinance 706 (zoning plan) [defeat of a referendum means the ordinance was not adopted] 4/10/1962 proposition Odoof d�t,' city council monthly pay 4/30/1963 proposition adop) water bond -ted' 11/3/1964 Proposition defeP charter amendment-appointed city attorney 11/3/1964 proposition defea,ted,, charter amendment-appointed police chief 8/10/1965 proposition defegt6d',�'-' v.*'; charter amendment-districting and elected mayor 1/11/1966 proposition gdoo((�d��`�e,,'�� new charter 4/9/1968 proposition defeated charter amendment-appointed city attorney 4/9/1968 proposition defedt6d,- charter amendment-appointed city treasurer C art 4/9/1968 proposition 'def66t6d' h er amendment-appointed city clerk 11/5/1968 proposition defeat6&. park bond 11/5/1968 proposition defeated library bond charter amendment-appointed city attorney with recall 11/5/1968 proposition -defeated. 6/3/1969,proposition adol5i6d�.'i'�,'," park bond 11/3/1970 proposition defeated" charter amendment-elected mayor _11/3/1970 proposition a�dopjbdl-l�",.,,t.,,,'�.,,?",,�,,,'-. charter amendment-public works contracting _11/3/1970 proposition charter amendment-general obligation bonds 11/3/1970 proposition charter amendment-elections 6/6/1972 proposition adopt6d'- water fluoridation 6/6/1972 proposition defealted,4,'i 'charter amendment-compensation for city council, city clerk, city treasurer 11/6/1973 proposition defeatedi charter amendment-appointed city attorney -appointed city clerk 11/6/1973 proposition defeated charter amendment _11/6/1973 proposition defeated" charter amendment-appointed city treasurer 11/5/1974 proposition canvass missing replace real property transfer tax with monthly trash charge and increased utilities tax 5/27/1975 proposition adop.ted", charter amendment-real property transfer tax to require voter approval 11/2/1976 proposition adopted,-,,- charter amendment-city council 3/4 vote required to levy tax or fee (takes precendence due to larger nt 11/2/1976 proposition adop�t6dr-.'�-'�'?",","�,"'-'��� charter amendment-city council 5 votes required to enact tax or revenue raising measure 6/6/1978 proposition 6dopfed'� new charter 6/6/1978 proposition charter amendment-city co ncil term limits 6/6/1978 proposition ctpfQated_,, charter amendment-city council compensation 6/6/1978 proposition d6fe6ted_I.I__I'... charter amendment-appointed city attorney 6/6/1978 proposition defeated: �Y charter amendment-appointed city clerk 6/6/1978 proposition defetted-,,,`,,-�.' charter amendment-appointed city treasurer 6/3/1980 advisory canvass missing shall the state dedicate 2 cents of the 6 cent sales tax for local agencies? 11/2/1982 proposition 6ido-'t'-d", pi,e charter amendment-consolidate municipal general election with statewide elections in November 11/6/1984 proposition defe�ited charter amendment-remove term limits charter amendment-appointed city clerk _11/6/1984 proposition defeated _11/6/1984 proposition def6bted.-_ charter amendment-appointed city treasurer _11/6/1984 proposition charter amendment-city clerk additional minimum qualifications 11/6/1984 proposition j6dool:04f�. charter amendment-city treasurer additional minimum qualifications f —t 11/8/19881hitiaV �-,F' e ea e Citizen's Sensible Growth and Traffic Control Initiative 11/6/1990 �initigtiV� charter amendment- Measure C park protections (takes precedence due to larger number of votes rece 11/6/1990 proposition charter amendment-park/beach sale restrictions 3/26/1996 proposition defeated charter amendment-appointed city treasurer 3/26/1996 proposition defeated charter amendment-appointed city attorney 3/26/1996 advisory Id6f6at6d,�;i- park/beach/sports/senior parcel tax _11/5/1996 advisory Jd&t�ated., sports-related parcel tax 11/5/1996 proposition -dbf&a Murdy Park enhancements 11/5/1996 proposition ad -0 Huntington Central Park sports complex 3/7/2000!jh g e b ild houses instead of WalMart at Crest View School site U 3/7/2000 advisory i0oOt use WalMart sales tax to fund sports and other activities 11/7/2000 proposition 'defeated power plants (AES)to pay utility tax 11/7/2000 advisory aid o utility taxes paid by power plants to fund infrastructure improvements 3/5/2002 ihifi 9-� 'a opt charter amendment-forbid rent control 3/5/2002 proposition adopted,." charter amendment-establish infrastructure fund 3/5/2002 advisory o power plant utility taxes directed to infrastructure fund 3/5/2002 proposition defe`ati�A' .,.;� repeal the Gas Tax exclusion for electric power plants 3/2/2004 ,,Icharter amendment-city council districts 11/7/2006 proposition ado-t6as-'-I-.,:,., 2 1 senior center REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 06/06/1978 Ballot Measures -6- 9/26/2009 4:19 PM RESOLUTION NO. 4603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING, CALLING, PRO- VIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 6, 1978 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY MEASURES CON- CERNING A REVISED CHARTER AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE The City Council of the City of Huntington Beach does hereby resolve, declare, determine and order as follows : SECTION 1. That a special election be held and the same is hereby called to be held in said city on June 6, 1978, for the purpose of submitting to the qualified voters of said city a proposition to appear on the ballot as follows : Rest of page not used. 1. be MEASURES SUBMITTED TO VOTE OF VOTERS PROPOSED CHARTER AMENDMENTS r r r A Shall the existing charter, with the exception of the provisions mentioned ' YES in Propositions B through F on this ballot, of the City of. Huntington Beach' r r be repealed and in place thereof shall the proposed charter provisions approved by the City Council on ' NO January 30, 1978, be adopted? r r r r r r B Shall Section 500 of the existing ' YES city charter be amended to provide that no person shall be elected to the Council for more than two consecutive ' NO terms? r r r r r C Shall Section 502 of the existing city charter be amended to provide that the compensation for the Mayor ' YES and the City Council members be set in accordance with a sliding scale based upon the population of the city so that compensation may vary from a f minimum of $400 per month to a maximum of $600 per month, and further pro- ' NO r r viding for reimbursement of certain specified expenses in addition to such monthly compensation? r ► r r r r D Shall Sections 500 and 703 of the existing city charter, which now pro- ' YES vide for the election of the City Attorney by the qualified voters of 2. the city at large, be amended to pro- vide that the City Attorney be appointed by the City Administrator ' NO with the approval of the City Council? t t t t t t E Shall Sections 500 and 704 of the existing city charter, which now pro- ' YES vide for the election of the City Clerk by the qualified voters of the city at large, be amended to provide that the City Clerk be appointed by the City Administrator with the ' NO approval of the City Council? 4 t 1 F Shall Sections 500 and 705 of the existing city charter, which now pro- ' YES vide for the election of the City Treasurer by the qualified voters of the city at large, be amended to pro- vide that the City Treasurer be appointed by the City Administrator ' NO with the approval of the City Council? t r t r I 3. additional notice of said election in time, form and manner as required by law. SECTION 6. That the City Clerk shall certify to the pas- sage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an_adj burned -negu3.ar .meeting .held o-h_ thd: :l3th day of March, 1978. Mayor Pro Tempore ATTEST: . ,�� �►�%/�f APPROVED AS TO FORM: City Clerk D ty ity Att REVIEWED AND APPROVED: City Administrator 4 Res. No. 4603 STME OF CALIFORNIA ) COUNTY OF ORANGE ) se: CITY OF HUNTINGTON BEACH ) I, ALICIA N. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adiQu nr ed meeting thereof held on the 13th day of March 19_ZEL _, by the following vote: AYES: Councilmen: Bartlett. Coen Gibbs Shenkman NOES: Councilmen: Siebert ABSENT: Councilmen: 1 Wieder, Pattinson i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQUEST FOR CHARTER REVIEW COMMISSION ACTION MEETING DATE(S): 10/06/2009, 10/20/2009 06/06/1978 Ballot Arguments -7- 9/26/2009 4:19 PM ( ',}.,,>:"'r'. ,.,� !<r`'a"fg•,y,.�d% ,•�v,M, It+' YAjy.�•PS•(�y 4"f,,.. ye 1.Vy"�iji,jk ,J,v. ��sA�,s?•4 � t Arai„ { Y..,%;,..{,'yy RR 4 :.fir "r: ¢..`,-w,7..,, ,'fl., - 1 •`^ �,� .gz..;f�:Gck ty ,ijr N= }y'' ,•:1;"e'r ✓1.. 4,A. ,' .., •,k asp',y"a: t ,�`,'., a.�D•:rn d;,{+✓ )!,. ,,t'Ei �: WT �•. 'aft t •4i TP'4Y ,h`.;"'.�if'�"xpq�'1 '": ' •"" 'J'"� rC";?"+a;'S `F+ 4;ak'i`S�" .,.�;�r�,vae.tu. Jt.,�_.;�.r`,�k,"i•:4. 4,at r`„'''n�+Sn.t r''�n,'r.,x;�'i�•;�s��biti7,t,'r:v<r.,{t.+ 't d,, 'Cq3+,� . t a tyiS3'8.• i. py:�.° ARGUMENT r��±�p a�pt Map �p e Rg -S t "',:e"Sn�,1: .• ;?3.('.y$`r i,.,47• i;^,r ,,pry; r'r ',✓ r :G�,wtt',v>sl�„yl;A,y ,)!, IyrtYiA\P Y79EUv1 Y O¢9: Pi9VOCtl`®@� l�R®�O�B�'B�B�. , h` !f�g ttv.$:S:l ���®�� �®9ili�ij•;n ttii-if' d n .. •' 6 31�Vti°j'SY,y'"ti�3y sa l•(� '{¢1 it r :yt-: As part of our,report to.the,City Council, the Charter Revision Committee Section•',500 C.I't'Ytt:COUNCLL„, �-T- 1rP4£4CIERK..,AND. recommended that the City Charter be.amended to increase the,monthly compensation of Members of the City Council from$175,00 to",$4Q0.00 and. TREASURER:.TERM9 be:. echve officers'.of the'Crty shall consist of a'' to eliminate the past practice of fixed .rrionthly 'expense repayments of, City Council of seven'-members,' a City:=Clerk;:and.a,City.treasuren!'4* •a• Atte�eyK all to be elected from..the City at large at the times and in the $125.00 per month which.was established by Ordinance. Our committee felt manner provided,in this Charter'and who shall serye,for'terms of four years ; that an increase in the compensation was warranted by(1)the increase m the' and until their respective successors qualify: time now required by the work of the merrrbers'of the city council, and'(2)a 92.3% increase in the cost of living, ''since the charter provision on Subject to-the provisions;'of:this Charter, the five'members of the City compensation was last amended in 1966. The city has grown from a' Council in office.at the time this.Charter takes-effect shall continue in office population of 40,000 to over 160,000 today, The:council members are now until the expiration of their respective terms and until their.successors are virtually required by their workload to function in the same'manner as a elected' and.qualified, and' shall constitute the City Council until two board of directors would manage a large corporation, .with•a $53,000,000 additional members"are e,lected-as,hereinafter provided. Four members of budget;2,171 employees and administering a substantial number of projects the City Council:shall be'"elected at the general municipal'election held in funded by Federal, State'and other governmental'agencies: April, 1966, and each fourth'year'thereafter: Three members of the City In order to provide that the council member's compensation could be Council shall be elected at the general municipal election held in April, 1968, . increased as the duties and demands of the position increase,our Committee and each fourth year thereafter. felt that tying the compensation to the increase in population-size was a good In the event this Charter shall not take.effect in time to,elect four compromise between unlimited authority to set salaries by the;council itself members of the:City Council at the general municipal election held in.April, and a fixed salary too low to attract qualified candidates f6r the council.' 1966, and only two members of the City Council are then,elected, a special Our Committee believed the council members should be reimbursed for 4` election,'shall be called and held not'less than sixty(60)nor more than ninety (90) days after the,effective date of this Charter to elect two,additional their legitimate out-of-pocket expenses incurred while on city,business,. The ; 'members of the City Council for the remainder of.the terms expiring in April, , amendment would permit reimbursement for actual expenditures upon 1970: presentation of the appropriate vouchers. ' Subject to the provisions of this Charter, the City Clerk; and City The Charter Revision,Committee recommends a "Yes" vote on Proposition' Treasurersfld 6i4y in office'at.the time this Charter takes effect F. shall continue in office until the'expiration of their'respective terms and the . HAROLD S. BAUMAN qualification of their successors._.A City Clerk and City Treasurer;shall.be Chairman, Charter Revision Committee elected at the-general municipal.election held in April,`1968,arid each fourth year thereaf ter:qk.�y.+4tte#?ey 4hall be almaked�>4Vi , I'866; end�ael� ARGUMENT AGAINST 1PROPOSOTION F (None'Filed) r F The term of each member of the.City Council, the City Clerk=and.the City Treasurer afW the Git t!►Eter .shall commence on the first Monday j.. following his'election. ,Ties In voting',among' candidates for office shall be ' i. settled by the casting of lots.' } Section 703-1. CITY.A f TOANEY.'There shall be a City Attorney . `. appointed by,the City Administrator with the approval of the City Council. • r 9 30. 31 , .' , : .,4;: :ilpf-..:,:r'P!x:4,r if:••.is,�:'�i.,.,i},t�y'. ';N':'r,;'n..._e•:, �in •..,r.....,.. t h. i„':�;.. .,xs• A. :t?ta`t's17'�`';.>'�; �`:'$"'' �' ;y.Hu a�,:' .'�i•:''.;^°:•,y="'t. "r'w'- :t+M°e "�a ,{i2:7k•E7•'. �'Y .4"-•b � `s.,f `F.-' p '}U.*: �r ,dam .y::���i•,',:: •�.. `•t � 7. , ")�•, �,•.''v •�rt�"�,,• .-�� .f hr .ri;•4 A`� .,"i'r.1'.'�.d>9,ti?;7?.k r" pr^;s, �3y,4�'�,`' ? {ai�`y,":.:;�t�{''� �'j.. .i. q:, o�Nf Y�`"�,,,�.'�i""'�};4���'�,,�i ' •�.rv�ry.��r.ny.�Fy�,, • ^°�fi�;.,,'�h•,�-,?.'.i`+,;ty,tx. ,;xar,.,`�i'§� i ,i-t;,� r 4 .,S v.�&- :',fa.:r&xe'.W,. :��Fr;�.�k t..tly,,...is`F',x• •n�'A"�4�a):'.3 �p 4;.4.,.'+x'"�',„a�r�,c.< i.;?Y.,' 1 ,ir?t�'�f, `v L,"!�•� o-w�n: ,a;,,�`i, '�rt:::.,;hk+t''ti,"` l�',v Sd, :-4,.,K+a ,?j'��,tz,y'S'�A:_t�iyr,:e}M-';v %ap mC' a, y,yti.i t •�,. #�r.+'• �.t} >+f z '"E"e` t y sf y ,:, � ,k"4 dF. �• k f'.�, tiny^4`ig '�1 .'_7.i ter, �•i � .. '�t z�tr�,.t: `r:i'�py +�; ��x'r'��F t �" 4+r�g'1q� �'r �r t; �"�a+'� �i' '�� ��`�'S•;?"+' "' Z,a Section 703-2. CITY ..ATTOIt " : .-,�� ,,fia NEY: ,POWERS `AND DUTIES. C1�',V,'!+�°(r6',dRkE' V1'8"1MPAT1Alf; be29lt3e -Ni3d fe#}}a }, "Onley -the ,parser} eleeteEl -o s ®F PR®�®$I�O�N 4� appoint � B 8n t9 F19j+flt-1Qw•, esvaeh and •Elie Ia�Nasaf Elie&ate Of GAfeFN ,,-md 4%4 liekeeH e ereEfeast hree engaged4A the metieeef de+wie. The existing!City Charter,provides'for the elechon'of the.CIty Attorney ye�e to iseleeEieAereppei Emei The City by the qualified voters of>the_City'at e.1' ed'amendment would Attorne'y shall have the responsibility and may be required to: provide for the appointment of the'Clty . .'The prop' City Administrator ' (a) Represent and advise the City Council and all City officers in all with the approval of the City Council. matters of law pertaining to their offices; (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of city ordinances and such Shall' Sections'500 `and%703 'of`the 'existing city :4 state misdemeanors as the City has the power to prosecute, unless otherwise charter; which now provide.for.the election of the YES provided by the City Council; s G - City Attorney by the`qualified.voters of the.city at large, be ''amended .to:provide: that the City (c) Represent and appear for the City in any or all actions or Attorney,be appointed by the City Administrator. proceedings in which the City is concerned or is a party, and represent and with the a 67®' p Y p pproval;of.the:CityCouncil?''• appear for any city officer or employee,or former city officer or employee;in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of city employment'or by f reason of official capacity; (d) Attend all regular meetings of the City Council, unless excused,and give advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City; (e) Approve the form of all contracts made by and all bonds; and insurance given to the City,endorsing approval thereon in writing; (f) Prepare any, and all 'proposed ordinances and City' Council 3 resolutions and amendments thereto; : (g) Devote such time to the duties of the office and at such place as may be specified by the City Council; (h) Perform such legal functions and duties incident to the.execution of the foregoing powers as may be necessary;, • i. (i)' Surrender°te 4+6 seeeesser all books, papers, files, and documents ' pertaining.to the City's affairs to a duly qualified successor. 32 , :10 K" .,7�',n ,I _,6, R*kitgu 10 X �A ARGUMENTIN FAVOk'OF PR OPO SOTO 011,0, REBUTTA01.0,'$ _7 UM RG 19NT, 5� n Efficient go'vernm'e'nt requires a YES vote on Propositi'o' ' Q. The City Propositiod G: City..At Charter should be amended to provide for the appointment,rather than the The City Attorney is:NOT�a""l, t hd ".Hii,-puip6se.is to prow al election, of the City Attorney to ensure that the most highly qualified applicant gets the job.. advice to your City�officials., Y�u�electAhe:C1ty:'.C6'uncil to' represent you an be the -watchdog" of,governmental affairs�, not the City Attorney. The City of Huntington Beach has a council-administrator form of government.This system combines the.political leadership of elected officials it is impossible for a City Attorn''ey.to.be ai "rubbe,r stamp." He cannot be told to write a legal opinion supporting a rticular.point of view; the law and in the City Council with the managerial experience of the City pa Administrator. The Council sets policy and hires the Administrator and legal precedents are fact and cannot be.changed.*.The Council does not want. a biased report when it r6quests a legal opinion; the Council wants the truth supervises his performance; the Administrator recruits and hires the City's ur with costly lawsuit staff, and carries out the Council's policies. so the City will.not end up in.co' t, i s. The City At.t I orney is a department head res.ponsible for giving legal ad 'ice to The Council does NOT want a""yes man 11 as City Attorney. The Council v the City Administrator and City Council; this position should, therefore be only wants to ensure that the Attorney will.be capabl'e of giving goo'd,sound., correct legal advice to the Council,and staff. appointed by the City Administrator with Council approval, through merit system procedures (advertising, applications, interviews) as are other All City offices are open to the-public, whether the department head is de'artment heads. The City Attorney is not a policy making position and appointed or elected. The City Council.wants it that way and State law p should not be an elected official, Only through the appointment procedure requires that it be that way. can the Ci'ty be assured of having a competent legal'advisor. The vast. Of the 417 incorporated cities in California, less than 16 still have elected' majority of City Attorneys in California are appointed; Huntington Beach is City Attorneys, Let's'modernize our City and make sure we have an expert one of the few cities left in California to have this outdated elective office. i City Attorney. Vote YES on Proposition G. An election does not measure an attorney's technical knowledge or Councilman ALVIN M. COEN competence; it only measures his ability to run a successful campaign. In' �Councilmah TED W. BARTLETT addition, an election gives the incumbent four years of"tenuie" in which he Councilman RON SHENKMAN cannot be dismissed for incompetence" as can other appointed employees Councilwoman NORMA BRANDEL GIBBS when cause is shown.. In conclusion, it is inthe best interests of the taxpayers of Huntington Beach� to vote YES on Proposition G so that the most highly qualified attorney will be giving legal advice to your government officials. City Council: ALVIN M. COEN RON SHENKMAN TED WBARTLETT NORMA BRANDEL GIBBS f A .34