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Council/Agency Meeting Held:_
Deferred/Continued to:
❑Approv d ❑ Conditionally Approved ❑ Denied 4&J&0 �i CI k's Sig tune
Council Meeting Date: May 17, 2010 Department ID Number: AD 10-017
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Fred A. Wilson, City Administrator
SUBJECT: Review and take straw votes on the Charter Review Commission's
recommended revisions to the City Charter
Statement of Issue: The Council is requested to amend and/or accept the Charter Review
Commission's recommended revisions to the City Charter.
Financial Impact: The cost to place the Revised City Charter on the November 2010
Ballot as a single comprehensive measure is $10,400. Each Charter Section that is placed
on the ballot as a separate measure is an additional cost of$8,800 per item.
Recommended Action:
Review the Charter Review Commission's recommendations and;
• Approve, by straw vote, the revised City Charter as recommended by the Charter
Review Commission, or
• Amend the revised City Charter as recommended by the Charter Review
Commission, and approve by straw vote, or
• Reject, by straw vote, the recommended Charter Revision in its entirety.
And determine whether to:
• Include the revisions in a comprehensive ballot measure, or
• Place one or more of the revisions on the ballot as a separate measure.
Alternative Action(s): Provide direction to staff on how you wish to proceed on the Charter
Review Commission's recommendations.
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REQUEST.FOR.,QOUNCIL ACTION
MEETING DATE: 5/17/2010 DEPARTMENT ID:NUMBER: AD 10-017
Analysis:
The Charter Review Commission presented their recommended revisions to the City Council
at the April 19 Study. At the City Council meeting on May 3, the Commission appeared
before the Council to address questions on the recommended Charter revisions.
The final draft of the proposed revised City Charter and a legislative draft of the proposed
revised City Charter are attached for the City Council's review. Also attached are the Charter
Review Commission's final report dated April 8, 2010, and a memo from the Chair and Vice
Chair responding to questions raised by the City Council during the April 19 Study Session
dated April 29, 2010.
Environmental Status: N/A
Strategic Plan Goal: Improve Internal and External Communication.
Attachment(s):
Description,
1. Final Draft of the Proposed Revised City Charter
2. Legislative Draft of the Charter Revisions
3. The Charter Review Commission's Final Report dated April 8, 2010
4. Chair and Vise Chair Responses to City Council Question dated April 29, 2010
Item 13. - Page 2 -1144-
-1145- Item 13. - Page 3
CITY OF HUNTINGTON BEACH
CITY CHARTER
� IN
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Incorporated,February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified -Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................2/2/40
Amendments.................................................................1/29/47
Amendments.................................................................1/27/49
Amendments...................................................................5/9/49
Revised..................................................................................5/1/50
New Charter..................................................................2/10/66
Amendments.................................................................1/18/71
Amendments...................................................................6/5/75
Amendments................................................................12/10/76
Amendments.................................................................7/17/78
Amendments..(Consolidation November)................................12/9/82
Amendments.................................................................12/7/84
Amendments.................................................................12/7/90
Amendments..................................................................4/22/02
Revised..................................................................................4/ /10
09-2312/2250811.doc
Item 13. - Page 4 -1146-
CITY CHARTER
TABLE OF CONTENTS
ARTICLE 1. INCORPORATION AND POWERS OF THE CITY
Section 100.Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE IL FORM OF GOVERNMENT
Section 200. Council-Manager Form of Government
ARTICLE III.ELECTIVE OFFICES
Section 300. City Council,Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums,Proceedings and Rules of Order
Section 305.Presiding Officer
Section 306. Mayor Pro Tempore
Section 307.Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney.Powers and Duties
Section 310. City Clerk.Powers and Duties
Section 311. City Treasurer. Powers and Duties
Section 312. Vacancies,Forfeitures and Replacement
Section 313. Conflict of Interest,Nepotism
ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Manager. Composition,Term, Eligibility, Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption,Publication, Amendment,
When Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
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Section 601. Annual Budget,Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
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CHARTER
We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and
the prudent stewardship of public funds is essential for confidence in government, that ethics and
integrity are the foundation of public trust and that just governance is built upon these values.
Through the enactment of this Charter as the fundamental law of the City of Huntington Beach
under the Constitution of the State of California, we do hereby exercise the privilege of retaining for
ourselves, the benefits of local government, by enacting the laws, rules, regulations and procedures
set forth herein pertaining to the governance and operation of our City
It is incumbent upon those who govern and make decisions for and on behalf of the City of
Huntington Beach to legally, as well as morally, abide by the provisions of this Charter, in its
strictest sense, to assure the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of
Huntington Beach shall remain and continue to exist as a municipal corporation under its present
name of"City of Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time
by ordinance. The present official seal shall continue to be the official seal of the City until changed
in the manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until
changed in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws
and regulations in respect to municipal affairs, subject only to such restrictions and limitations as
may be provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall
be construed broadly in favor of the City. The specific provisions enumerated in this Charter are
intended to be and shall be interpreted as limitations upon the general grant of power and shall be
construed narrowly. If any provisions of this Charter, or the application thereof to any person or
circumstance is held invalid, the remainder of the Charter and the application of such provision to
other persons or circumstances, shall not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its
powers or perform any of its functions and may participate in the financing thereof, jointly or in
cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies
thereof, or the United States or any agency thereof.
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ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council Manager form of government.
ARTICLE III
ELECTIVE OFFICES
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.
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 the certification of the election. Ties in
voting among candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City
Attorney, the City Council shall fill that position by appointment until the next municipal general
election in which a qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in
the City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall
receive as compensation for their services as such a monthly salary in the sum of One Hundred
Seventy-five Dollars per month. In addition, each member of the City Council shall receive
reimbursement on order of the City Council for Council authorized traveling and other expenses
when on official duty upon submission of itemized expense accounts therefor. In addition, members
shall receive such reasonable and adequate amounts as may be established by ordinance, which
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amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,
losses and costs imposed upon them by virtue of their serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each month
at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and
when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the
hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting
shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on
a holiday such regular meeting shall be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City
Council and to each local newspaper of general circulation, radio or television station requesting
notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours
before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business
to be transacted. No other business shall be considered at such meeting. If any person entitled to
such written notice files a written waiver of notice with the City Clerk, it may be dispensed
with. This notice requirement shall be considered fulfilled as to any person who is actually
present at the meeting at the time it convenes. In the event of an emergency affecting the public
peace, health or safety, a special meeting may be called as provided in this section with less than
twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any
member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that
the nature of the emergency is set forth in the minutes of the meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City
or in such place within the City to which any such meeting may be adjourned. If, by reason of
fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings
may be held for the duration of the emergency at such place within the City as is designated by
the Mayor, or, if he should fail to act, by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and
public, and all persons shall be permitted to attend such meetings, except that the provisions of
this section shall not apply to executive sessions. Subject to the rules governing the conduct of
City Council meetings, no person shall be denied the right to be heard by the City Council.
(e) Dissemination of Information. City Council shall adopt rules to ensure thorough and
timely dissemination of information via current technology by resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members
of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may
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declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of
a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by
mail to each Council member at least twenty-four hours before the time to which the meeting is
adjourned, or such notice may be dispensed with in the same manner as specified in this Charter
for dispensing with notice of special meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth by
the Charter. It shall judge all election returns. Each member of the City Council shall have the
power to administer oaths and affirmations in any investigation or proceeding pending before
the City Council. The City Council shall have the power and authority to compel the attendance
of witnesses, to examine them under oath and to compel the production of evidence before it.
Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall
be served and complied with in the same manner as subpoenas in civil actions. Disobedience of
such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute
a misdemeanor, and shall be punishable in the same manner as violations of this Charter are
punishable. The City Council shall have control of all legal business and proceedings and all
property of the legal department, and may employ other attorneys to take charge of or may
contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings.
Upon adoption of any ordinance, resolution, or order for payment of money, or upon the
demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken
on the question to be entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is
installed following any general or special municipal election, and at any time when there is a
vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its
presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and
shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City
for all ceremonial purposes; shall have the primary but not the exclusive responsibility for
interpreting the policies, programs and needs of the City government to the people, and as occasion
requires, may inform the people of any major change in policy or program; and shall perform such
other duties consistent with the office as may be prescribed by this Charter or as may be imposed by
the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council.
Section 306. MAYOR PRO TEIVIPORE. The Mayor Pro Tempore shall perform the duties of the
Mayor during the Mayor's absence or disability or at the Mayor's request.
(a) At the City Council meeting following any general or special municipal election at which
any council member is installed, or as soon thereafter as the results of the election are certified,
the City Council shall elect a Mayor Pro Tempore. In non-election years, the selection of
Mayor Pro Tempore shall be made at the City Council meeting date closest to the anniversary
date of the selections in the election years. The Mayor Pro Tempore shall serve a term of one
year. The Mayor Pro Tempore shall then become Mayor the following year.
(b) The member of the City Council having the longest consecutive City Council service shall _
become the Mayor Pro tempore.
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(1) In the event that two City Council Members have the same length of service,
then the member who received the greatest number of votes in the last Council
election in which such member was elected shall become Mayor Pro Tempore.
(2) If any member declines their term as it arises in rotation, that member shall
remain in the same place in the rotation cycle as if they had served.
(3) Any City Council member who has served as Mayor within the last five years
will not be eligible for election as Mayor Pro Tempore.
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 Manager, 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 Manager solely through the City Manager, and no member
of the City Council shall give orders to any subordinate of the City Manager, either publicly or
privately.
No elected department head or staff of the Office of the elected department head shall be a member
of the management negotiation team for the purposes of negotiations of memorandums of
understanding with the employee bargaining units.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the
amounts and terms of the official bonds of all officials or employees who are required by this
Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate
surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk.
Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the
same protection as the required separate bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond,
there shall be no personal liability upon, or any right to recover against, the employee's superior
officer or other officer or employee or the bond of the latter, unless such superior officer, or other
officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or
indirectly causing the loss.
Section 309. CITE' ATTORNEY. POWERS AND DUTIES. To become and remain eligible for
City Attorney the person elected or appointed shall, have graduated from a law school accredited by
the American Bar Association, be an attorney at law, duly licensed as such under the laws of the
State of California, shall have been engaged in the practice of law in this State for at least five years
prior to their election or appointment, and have three years management experience. 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.
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(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 their employment or by reason of
their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their 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 in writing the form of all contracts made by and all bonds and insurance given to
the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their 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 their successor all books, papers, files, and documents pertaining to the City's
affairs.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITE' CLERK. POWERS AND DUTIES. To become and remain eligible for City
Clerk, the person elected or appointed shall have a bachelors degree in business, public
administration, or a related field, have three years management experience, and hold a certification
as a Municipal Clerk or obtain such certification within the first three years 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 records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, 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.
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(d) Keep all records in their 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.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, at such salaries or compensation as the Council may by ordinance or
resolution prescribe.
Section 311. CITE' TREASURER. POWERS AND DUTIES. To become and remain eligible for
City Treasurer, the person elected or appointed shall have a minimum of five years of financial
and/or treasury experience and at least three years management experience, and have either a:
Master's Degree in accounting, finance, business, or public administration; or
Bachelor's Degree with certification by the California Municipal Treasurer's Association or
their successor with three years of election or appointment.
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 their 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 Manager, 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.
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(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 Manager
and City Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
(f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or
deputies to assist them or act for them, at such salaries or compensation as the Council may by
ordinance or resolution prescribe.
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City
Council for a period of thirty consecutive days from and after the last regular City Council
meeting attended by such member, unless by permission of the City Council expressed in its
official minutes, the office shall become vacant. If an elected City officer pleads guilty or no
contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector
of the City, the office shall become vacant. The City Council shall declare the existence of such
vacancy. Any elective officer of the City who shall accept or retain any other elective public
office, except as provided in this Charter, shall be deemed thereby to have vacated the office
under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be
held to fill such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one
or more of the members of such City Council, nor shall the City Manager or any department
head or other officer having appointive power appoint any relative of such person or of any
Council member within such degree to any such position.
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This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of
the members of the City Council and shall serve at the pleasure of the City Council; provided,
however, that the person occupying the office shall not be removed from office except as herein
provided.
(c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative
qualifications, with special reference to actual experience in and knowledge of accepted practice
as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within
one year following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period of
ninety days next succeeding any municipal election at which a member of the City Council is
elected. At any other time the City Manager may be removed only at a regular meeting of the
City Council and upon the affirmative vote of a majority of the members of the City Council. At
least thirty days prior to the effective date of removal, the City Manager shall be furnished with
a written notice stating the Council's intentions and, if requested by the City Manager, the
reasons therefor. Within seven days after receipt of such notice, the City Manager may by
written notification to the City Clerk request a public hearing before the City Council, in which
event the Council shall fix a time for a public hearing which shall be held at its regular meeting
place before the expiration of the thirty-day period above referred to. The City Manager shall
appear and be heard at such hearing. After furnishing the City Manager with written notice of
the intended removal, the City Council may suspend the City Manager from duty, but their
compensation shall continue until removal as herein provided. In removing the City Manager,
the City Council shall use its uncontrolled discretion and its action shall be final and shall not
depend upon any particular showing or degree of proof at the hearing, the purpose of which is to
allow the City Council and the City Manager to present to each other and to the public all
pertinent facts prior to the final action of removal.
Section 401. POWERS AND DEITIES. Except as otherwise provided in this Charter, the City
Manager shall be responsible to the City Council for the proper administration of all affairs of the
City. Without limiting this general grant of powers and responsibilities, the City Manager shall have
the power and be required to:
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(a) Appoint, promote, demote, suspend or remove department heads, officers and employees of
the City except elective officers.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by the
City Council governing the contracting for, purchase, inspection, storage, inventory, distribution
and disposal of all supplies, materials and equipment required by any office, department or
agency of the City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council, exercise control of all administrative
offices and departments of the City and of all appointive officers and employees, and prescribe
such general rules and regulations as deemed necessary or proper for the general conduct of the
administrative offices and departments of the City under their jurisdiction.
(1) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the
City Manager, the City Manager shall appoint one of the other officers or department heads of the
City to serve as Acting City Manager. In the event the City Manager fails to make such
appointment, such appointment may be made by the City Council.
Section 403. PERSONNEL,. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City Manager, 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 Manager and any officers designated as elective by the Charter shall be exempt. The system
shall consist of the establishment of minimum standards of employment and qualifications for the
various classes of employment and procedures to be followed in advancement, demotion,.
suspension and discharge of employees included within the system, as the City Council shall
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determine to be for the best interest of the public service. The ordinance shall designate the
appointive officers and employees who shall be included within the system. By subsequent
ordinances the City Council may amend the system or the list of appointive officers and employees
included within the system. The system shall comply with all other provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate
with the City Manager in administering the affairs of the City in the most efficient, fiscally
responsible, and harmonious manner consistent with the duties as prescribed by law, City Charter,
or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall
establish such boards, commissions and committees as are deemed necessary for the orderly
functioning of the City. All such boards, commissions and committees shall report directly to the
City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other
penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances
shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain
as follows:." No order for the payment of money shall be adopted or made at other than a
regular or adjourned regular meeting. Upon introduction, an ordinance shall be read by title
only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of
at least four of the City Council shall be required for the enactment of any ordinance or for the
making or approving of any order for the payment of money. All ordinances shall be signed by
the Mayor and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is
altered after its introduction, it shall be finally adopted only at a regular or adjourned regular
meeting held no less than five days after the date it was so altered. The correction of
typographical or clerical errors shall not constitute the making of an alteration within the
meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary
at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,
published in the County or the City and circulated in the City, which is selected by the City
Council for that purpose. Current technology shall be used to ensure the widest possible
dissemination.
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(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date
of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation, or
fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an
ordinance, in the manner set forth herein; however, such regulations and codifications need not
be published in the manner required for other ordinances, but not less than three copies thereof
shall be filed for use and examination by the public in the office of the City Clerk prior to
adoption. Ordinances codified shall be repealed as of the effective date of the codification.
Amendments to the code shall be enacted by ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or
safety, and containing a statement of the reasons for its urgency, may be adopted in the manner
provided in Section 500 except that such emergency ordinance may be introduced, enacted and
adopted at one and the same regular or special meeting and shall take effect immediately upon
adoption if passed by at least five affirmative votes. An emergency ordinance shall expire
automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all
actions not required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be
published all legal notices and other matters required to be published by law in a daily, semiweekly
or weekly newspaper published in the County or the City and circulated in the City which is
selected by the City Council for that purpose and using current technology. No defect or irregularity
in proceedings taken under this section shall invalidate any publication where it is otherwise in
conformity with this Charter or law or ordinance.
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ARTICLE VI
FISCAL.ADMINISTRATION
Section 600. FISCAL. YEAR. The fiscal year of the City shall be as set forth by resolution of the
City Council.
Section 601. ANNUAL, BUDGET, PREPARATION BY THE CITY MANAGER. At such date
as the City Manager shall determine, each board or commission and each department head shall
furnish to the City Manager, personally, or through the Director of Finance, estimates of the
department's, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed
in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the
City Manager shall review the estimates, hold conferences thereon with the respective department
heads, boards or commissions as necessary, and may revise the estimates as may be deemed
advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL.. The City
Manager shall submit the proposed budget to the City Council at least thirty days prior to the
beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it
may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior
to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten
days prior to said hearing. Copies of the proposed budget shall be available for inspection by the
public in the office of the City Clerk at least ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time
to which such public hearing shall from time to time be adjourned, the City Council shall hold a
public hearing on the proposed budget, at which interested persons desiring to be heard shall be
given such opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and
make any revisions thereof that it may deem advisable and on or before the last day of the fiscal
year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of
the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing
fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager,
Director of Finance, City Treasurer and the person retained by the City Council to perform the post
audit function, and a further copy shall be placed, and shall remain on file in the office of the City
Clerk where it shall be available for public inspection. The budget so certified shall be reproduced
and copies made available for the use of the public and of departments, offices and agencies of the
City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,
the several amounts stated therein as proposed expenditures shall be and become appropriated to the
several departments, offices and agencies for the respective objects and purposes therein named;
provided, however, that the City Manager may transfer funds from one object or purpose to another
within the same department, office or agency. All appropriations shall lapse at the end of the fiscal
year to the extent that they shall not have been expended or lawfully encumbered.
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At any public meeting after the adoption of the budget, the City Council may amend or supplement
the budget by motion adopted by the affirmative vote of at least a majority of the total members of
the City Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for
municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in
any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a
tax at such rate shall be deemed to have been levied on all taxable property in the City for the
current fiscal year.
Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the
City, except as otherwise provided in this section, unless authorized by the affirmative vote of a
majority of the electors voting on a proposition to increase such levy at any election at which the
question of such additional levy for municipal purposes is submitted to the electors. The number
of years that such additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to
the above limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds
and judgments due and unpaid, or to become due during the ensuing fiscal year,
which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in which
the City participates, due and unpaid or to become due during the ensuing fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be made
annually, based on City Council approved estimates, for the following specific purposes, but not
to exceed the following respective limits for those purposes for which limits are herein set forth,
to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars;
Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural
affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster
preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy
shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other
measure whose principal purpose is the raising of revenue, or any increase in the amount thereof,
shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at
least five (5) members of the City Council; provided, however, that any tax levied or collected
pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of
this section.
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This section shall not apply to any license, permit, or any other fee or charge whose principal
purpose is to pay or reimburse the City for the cost of performing any regulatory function of the
City under its police power in connection with the City's duty to preserve or maintain the public
peace, health, safety and welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is
directly related to such use or service, is charged to the user or person receiving such service, and is
to pay or reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of
the City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the
transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a
majority of the electors voting on a proposition submitted to the electors to authorize such tax at a
general or special election.
Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by
general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total
assessed valuation, for purposes of City taxation, of all the real and personal property within the
City.
No bonded indebtedness which shall constitute a general obligation of the City may be created
unless authorized by the affirmative vote of the majority required by law of the electors voting on
such proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than
taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall
have established a procedure for the issuance of such bonds. Such bonds, payable only out of
revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds
payable out of revenues shall be issued without the assent of the majority of the voters voting upon
the proposition for issuing the same at an election at which such proposition shall have been duly
submitted to the registered voters of the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of
any such bonds payable only from revenues and which shall not constitute a general obligation of
the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges,
for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions
upon transfer out of such fund, and other appropriate covenants. Money placed in any such special
fund for the payment of principal and/or interest on any issue of such bonds or to assure the
application thereof to a specific purpose shall not be expended for any other purpose whatever
except for the purpose for which such special funds were established and shall be deemed
segregated from all other funds of the City and reserved exclusively for the purpose for which such
special fund was established until the purpose of its establishment shall have been fully
accomplished.
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Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated by
the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless
authorized by the affirmative votes of at least a majority of the total membership of the City
Council and by the affirmative vote of at least a majority of the electors voting on such
proposition at a general or special election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion
thereof now or hereafter owned or operated by the City unless authorized by the affirmative
votes of at least a majority of the total membership of the City Council and by the affirmative
vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted after the appropriate environmental assessment,
conceptual cost estimate, and reasonable project description has been completed and widely
disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum
cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange
County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach AND
- such act was being performed or service provided at the same location prior to January
1, 1989
AND
- the proposed lease, franchise, concession agreement or other contract would not
increase the amount of parkland or beach dedicated to or used by the party performing such
act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not impeded;
(5) to any public works construction, maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or
any amendment or revision of this amendment, is for any reason held to be invalid or
unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full force and effect. (12/7/90)
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be
bound by a contract only if it is made in writing, approved by the City Council and signed on behalf
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of the City by the Mayor and City Clerk or by a City officer designated by the City Council and
only upon the direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other officer
to bind the City, with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council,
and may impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or exchange
of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility owned,
controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by
the City Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided,
every contract involving an expenditure as set forth by ordinance of the City Council for the
construction or improvement (excluding maintenance and repair) of public buildings, works, streets,
drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies
for the same, where the expenditure required for such purchase shall exceed the amount set by
ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance
with Section 503 by two or more insertions, the first of which-shall be at least ten days before the
time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the
contract or project is below the amount set by ordinance, the City Council may declare and
determine that in its opinion, the work in question may be performed better or more economically
by the City with its own employees, or that the materials or supplies may be purchased at lower
price in the open market, and after the adoption of a resolution to this effect by the affirmative vote
of a majority of the total members of the City Council, it may proceed to have said work done or
such materials or supplies purchased in the manner stated without further observance of the
provisions of this section.
All public works contracts exceeding the amount set by ordinance may be let and purchases
exceeding the amount set by ordinance may be made without advertising for bids if such work or
the purchase of such materials or supplies shall be deemed by the City Council to be of urgent
necessity for the preservation of life, health, or property and shall be authorized by at least five
affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of
any existing public utility operated by the City or for the purchase of supplies or equipment for any
such project or any such utility may be excepted from the requirements of this section by the
affirmative vote of a majority of the total members of the City Council.
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Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual
audit of all City accounts and may provide for such more frequent audits as it deems necessary.
Such audits shall be made by a certified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.
The Council may, without requiring competitive bids, designate such accountant or firm annually
provided that the designation for any particular fiscal year shall be made no later than thirty days
after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final
audit and report shall be submitted by such accountant to the City Council, one copy thereof to be
distributed to each member. Additional copies of the audit shall be placed on file in the office of the
City Clerk where they shall be available for inspection by the general public, and a copy of the
financial statement as of the close of the fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for a significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped
medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,
and all public buildings and public ways.
All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,
by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is
defined in this section , shall be placed in a separate fund entitled "Infrastructure Fund." Monies in said
Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including
construction, design, engineering, project management, inspection, contract administration and property
acquisition.
Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. Interest
earned on monies in the Infrastructure Fund shall accrue to that account.
Expenditures for infrastructure improvements, repair, and maintenance shall not be reduced below 15% of
general fund revenues based on a five- (5) year rolling average of general fund revenue. The average
percentage of general fund revenues utilized for infrastructure improvements, and maintenance, for the
five- (5) year period of 1996 to 2001, is and was 14.95%. Upon adoption of the 2015/2016 budget, debt
service, or any other indirect costs, shall not be included in the 15% calculation of the general fund
expenditure for infrastructure improvements, repair, and maintenance. Revenues placed in the Infrastructure
Fund shall not supplant existing infrastructure funding.
The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole
responsibility to conduct an annual review and performance audit of the Infrastructure Fund and
infrastructure expenditures and which shall present a report of its findings to the City Council at a noticed
public hearing prior to adoption of the following fiscal-year budget.
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ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held
in the city on the first Tuesday after the first Monday in November in each even-numbered year.
(12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be
held by authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in
accordance with the provisions of the Elections Code of the State of California, as the same now
exists or hereafter may be amended, for the holding of municipal elections, so far as the same are
not in conflict with this Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal
elective officers. The provisions of the Elections Code of the State of California, as the same now
exists or hereafter may be amended, governing the initiative and referendum and the recall of
municipal officers, shall apply to the use thereof in the City so far as such provisions of the
Elections Code are not in conflict with the provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal
office must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made
appointive of the City shall continue to hold such offices until the completion of their current terms
and the election or appointment and qualification of their respective successors under this Charter.
All boards, commissions and committees presently in existence shall continue to act in accordance
with their original grant of authority until such time as the City Council adopts appropriate
ordinances pertaining to their activities or for one year, whichever occurs first. All lawful
ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter
takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same
shall have been duly repealed, amended, changed or superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in
this Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency,"
"officer," or "employee" is a department, board, commission, agency, officer or employee, as
the case may be, of the City of Huntington Beach.
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(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) 'Person" includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a
misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other
transfer by the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement
or enforce any control or system of controls on the price or other terms on which real property
in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner.
The words "real property" as used in subsection (a) refer to any parcel of land or site, either
improved or unimproved, on which a dwelling unit or residential accommodation is or may be
situated for use as a home, residence or sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code violations,
excluding those caused by disasters, for which a civil or criminal citation has been issued
by the City and remains unabated for six months or longer;
(2) any real property owned by a public entity, and real property where the owner has
agreed by contract with the public entity, including the City and any of its related
agencies, to accept a financial contribution or other tangible benefit including without
limitation, assistance under the Community Redevelopment Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of its
related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real property,
whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when the
transient occupancy of that dwelling unit or accommodation is subject to a transient
occupancy tax; or
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(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall convene a citizen's Charter Review
Commission to conduct a review of the City Charter no less frequently than every ten years.
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CITY OF HUNTINGTON BEACH
CITY CHARTER
IN
�COUN9 0���, J
4
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENT'S
Effective Dates
Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................2/2/40
Amendments.................................................................1/29/47
Amendments.................................................................1/27/49
Amendments...................................................................5/9/49
Revised..................................................................................5/1/50
NewCharter..................................................................2/10/66
Amendments.................................................................1/18/71
Amendments...................................................................6/5/75
Amendments................................................................12/10/76
Amendments.................................................................7/17/78
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Amendments..(Consolidation November)................................12/9/82
Amendments.................................................................12/7/84
Amendments.........................................:.......................12/7/90
Amendments..................................................................4/22/02
Revised..............................................................4/ /10
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CITE' CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100.Name
Section 101. Seal
Section 102. Boundaries
Section 103.Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II.FORM OF GOVERNMENT
Section 200. Council-Administrator Form of Government
ARTICLE IIL ELECTIVE OFFICES
Section 300. City Council,Attorney, Clerk and Treasurer. Terms
Section 301.Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums,Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306. Mayor Pro Tempore
Section 307. Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney.Powers and Duties
Section 310. City Clerk.Powers and Duties
Section 311. City Treasurer.Powers and Duties
Section 312. Vacancies,Forfeitures and Replacement
Section 313. Conflict of Interest,Nepotism
ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Administrator. Composition,Term, Eligibility, Removal
Section 401.Powers and Duties
Section 402. Acting City Administrator
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
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ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption,Publication,Amendment,When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
ARTICLE VI.FISCAL ADMINISTRATION
Section 600.Fiscal Year
Section 601. Annual Budget,Preparation by the City Administrator
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget.Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616.Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII.ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702.Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII.MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
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Following is a matien adopted by the Gity Getiiieii on ittly 11, 1994. ineltision of this fnetion on this page-4
„ „
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CHARTER
We, the people of the City of 14ttntingteii Beaeh, State of Galifemia, do or-dain and establish this Ghai4er-as
the 4indamental law of the Gity of Huntington Beaeb tindef the Gensfitution of the State of Galifemia.
We, the people of the City of Huntington Beach, State of California believe fiscal
responsibility and the prudent stewardship of public funds is essential for
confidence in government, that ethics and integrity are the foundation of public
trust and that just governance is built upon these values. 'Through the
enactment of this Charter as the fundamental law of the City of Huntington
Beach under the Constitution of the State of California, we do hereby exercise
the privilege of retaining for ourselves, the benefits of local government, by
enacting the laws, rules, regulations and procedures set forth herein pertaining
to the governance and operation of our City
It is incumbent upon those who govern and make decisions for and on behalf of
the City of Huntington Beach to legally, as well as morally, abide by the
provisions of this Charter, in its strictest sense, to assure the continued success
and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of
Huntington Beach shall remain and continue to exist as a municipal corporation under its present
name of"City of Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time
by ordinance. The present official seal shall continue to be the official seal of the City until changed
in the manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until
changed in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws
and regulations in respect to municipal affairs, subject only to such restrictions and limitations as
may be provided in this Charter or in the Constitution of the State of California.
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Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall
be construed broadly in favor of the City. The specific provisions enumerated in this Charter are
intended to be and shall be interpreted as limitations upon the general grant of power and shall be
construed narrowly. If any provisions of this Charter, or the application thereof to any person or
circumstance is held invalid, the remainder of the Charter and the application of such provision to
other persons or circumstances, shall not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its
powers or perform any of its functions and may participate in the financing thereof, jointly or in,
cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies
thereof, or the United States or any agency thereof. -
ARTICLE 11
FORM OF GOVERNMENT
Section 200. COUNCIL ADAHNISTRATO MANAGER FORM[ OF GOVERNMENT. The
municipal government provided by this Charter shall be known as the Council-Admiflistfatef form of government.
ARTICLE III
ELECTIVE OFFICES
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.
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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 the certification of the his election.
Ties in voting among candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City
Treasurer, or City Attorney, the City Council shall fill that position by
appointment until the next municipal general election in which a qualified
candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL,. All powers of the City shall be vested in
the City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall
receive as compensation for their services as such a monthly salary in the sum of One Hundred
Seventy-five Dollars per month. In addition, each member of the City Council shall receive
reimbursement on order of the City Council for Council authorized traveling and other expenses
when on official duty upon submission of itemized expense accounts therefor. In addition, members
shall receive such reasonable and adequate amounts as may be established by ordinance, which
amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,
losses and costs imposed upon them by virtue of their serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each month
at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and
when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the
hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting
shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on
a holiday such regular meeting shall be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City
Council and to each local newspaper of general circulation, radio or television station requesting
notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours
before the time of such meeting as specified in the notice.
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The call and notice shall specify the time and place of the special meeting and the business
to be transacted. No other business shall be considered at such meeting. If any person entitled to
such written notice files a written waiver of notice with the City Clerk, it may be dispensed
with. This notice requirement shall be considered fulfilled as to any person who is actually
present at the meeting at the time it convenes. In the event of an emergency affecting the public
peace, health or safety, a special meeting may be called as provided in this section with less than
twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any
member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that
the nature of the emergency is set forth in the minutes of the meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City
or in such place within the City to which any such meeting may be adjourned. If, by reason of
fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings
may be held for the duration of the emergency at such place within the City as is designated by
the Mayor, or, if he should fail to act, by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and
public, and all persons shall be permitted to attend such meetings, except that the provisions of
this section shall not apply to executive sessions. Subject to the rules governing the conduct of
City Council meetings,no person shall be denied the right to be heard by the City Council.
(e)Dissemination of Information. City Council shall adopt rules to ensure
thorough and timely dissemination of information via current technology by
resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members
of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may
declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of
a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by
mail to each Council member at least twenty-four hours before the time to which the meeting is
adjourned, or such notice may be dispensed with in the same manner as specified in this Charter
for dispensing with notice of special meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth by
the Charter. It shall judge all election returns. Each member of the City Council shall have the
power to administer oaths and affirmations in any investigation or proceeding pending before
the City Council. The City Council shall have the power and authority to compel the attendance
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of witnesses, to examine them under oath and to compel the production of evidence before it.
Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall
be served and complied with in the same manner as subpoenas in civil actions. Disobedience of
such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute
a misdemeanor, and shall be punishable in the same manner as violations of this Charter are
punishable. The City Council shall have control of all legal business and proceedings and all
property of the legal department, and may employ other attorneys to take charge of or may
contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings.
Upon adoption of any ordinance, resolution, or order for payment of money, or upon the
demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken
on the question to be entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is
installed following any general or special municipal election, and at any time when there is a
vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its
presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and
shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City
for all ceremonial purposes; shall have the primary but not the exclusive responsibility for
interpreting the policies, programs and needs of the City government to the people, and as occasion
requires, may inform the people of any major change in policy or program; and shall perform such
other duties consistent with the office as may be prescribed by this Charter or as may be imposed by
the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The-city- Geaneil shall also designate one of
Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence
or disability or at the Mayor's request.
(a) At the City Council meeting following any general or special municipal
election at which any council member is installed, or as soon thereafter as the
results of the election are certified, the City Council shall elect a Mayor Pro
Tempore. In non-election years, the selection of Mayor Pro Tempore shall
be made at the City Council meeting date closest to the anniversary date of
the selections in the election years. The Mayor Pro Tempore shall serve a
term of one year. The Mayor Pro Tempore shall then become Mayor the___
following year.
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(b)The member of the City Council having the longest consecutive City
Council service shall become the Mayor Pro tempore.
(1) In the event that two City Council Members have the same
length of service, then the member who received the greatest
number of votes in the last Council election in which such
member was elected shall become Mayor Pro Tempore.
(2) If any member declines their term as it arises in rotation, that
member shall remain in the same place in the rotation cycle as if
they had served.
(3) Any City Council member who has served as Mayor within the
last five years will not be eligible for election as Mayor Pro
Tempore.
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 ^ a,Y,:,:^+ya+^r 1Vlanager, 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
1VIanager solely through the Gity ^,a,, inis,-,-^t Manager, and no member of the City Council
shall give orders to any subordinate of the City ^ar,;r;s+r^+^r 1Vlanager either publicly or
privately.
No elected department head or staff of the Office of the elected department head
shall be a member of the management negotiation team for the purposes of
negotiations of memorandums of understanding with the employee bargaining
units.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the
amounts and terms of the official bonds of all officials or employees who are required by this
Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate
surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk.
Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the
same protection as the required separate bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond,
there shall be no personal liability upon, or any right to recover against, the employee's superior
officer or other officer or employee or the bond of the latter, unless such superior officer, or other
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officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or
indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for
City Attorney the person elected or appointed shall, have graduated from a law school
accredited by the American Bar Association, be an attorney at law, duly licensed as such
under the laws of the State of California, and shall have been engaged in the practice of law in this
State for at least twee five years prior to their election or appointment, and have three years
management experience. 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 their employment or by reason of
their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their 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 in writing the form of all contracts made by and all bonds and insurance given to
the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
g) Devote such time to the duties of their 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.
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(i) Surrender to their successor all books, papers, files, and documents pertaining to the City's
affairs.
(i) Assist and cooperate with the City Manager consistent with Section 403 of
the City Charter.
(k)Provide advice related to compliance with the City Charter to all elected
and appointed officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible
for City Clerk, the person elected or appointed shall have a bachelors degree in
business, public administration, or a related f eld, have three years mapAgement
experience, and hold a certification as a Municipal Clerk or obtain such
certification within the first three years 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 bO&S
records that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate beeks records, 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 aod records in their 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
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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.
(1) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
it Assist and cooperate with the City Manager consistent with Section 403 of
the City Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, at such salaries or compensation as the Council may by ordinance or
resolution prescribe.
02440
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain
eligible for City Treasurer, the person elected or appointed shall have a
minimum of five years of financial and/or treasury experience and at least three
years management experience, and have either a:
Master's Degree in accounting, finance, business, or public
administration; or
A Bachelor's Degree in accounting, finance, business, or public
administration with certification by the California Municipal Treasurer's
Association, or their successor, within three years of election or
appointment.
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.
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(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 their 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 AdministfaManager, 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
^d+nin stfater_and City Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
(1) Assist and cooperate with the city manager consistent with Section 403 of
the City Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or
deputies to assist them or act for them, at such salaries or compensation as the Council may by
ordinance or resolution prescribe.
Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City
Council for a period of thirty consecutive days from and after the last regular City Council
meeting attended by such member, unless by permission of the City Council expressed in its
official minutes, the office shall become vacant. If an elected City officer pleads guilty or
no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be
an elector of the City, the office shall become vacant. The City Council shall declare the
existence of such vacancy. Any elective officer of the City who shall accept or retain any other
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elective public office, except as provided in this Charter, shall be deemed thereby to have
vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be
held to fill such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST, NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one
or more of the members of such City Council, nor shall the City ^dministfator Manager or
any department head or other officer having appointive power appoint any relative of such
person or of any Council member within such degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION, TERM,
ELIGIBILITY, REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief
administrative officer of the City.
(b) Term. The ^,a„ mist *^r City Manager shall be appointed by the affirmative vote of at
least a majority of the members of the City Council and shall serve at the pleasure of the City
Council; provided, however, that the person occupying the office shall not be removed from
office except as herein provided.
(c) Eligibility. The Adfflifljstfat&f City Manager shall be chosen on the basis of executive
and administrative qualifications, with special reference to actual experience in and knowledge
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of accepted practice as regards the duties of the office as herein set forth. No person shall be
eligible to be appointed City ^a,, mist.-,+ f Manager or Acting City
Manager while serving as a member of the City Council nor within one year following the
termination of membership on the City Council.
(d) Removal. The City AdministfatefManager shall not be removed from office during or
within a period of ninety days next succeeding any municipal election at which a member of the
City Council is elected. At any other time the City Manager may be removed
only at a regular meeting of the City Council and upon the affirmative vote of a majority of the
members of the City Council. At least thirty days prior to the effective date of removal, the City
Administrate Manager shall be furnished with a written notice stating the Council's
intentions and, if requested by the City ^d,, mist-atef Manager, the reasons therefor. Within
seven days after receipt of such notice, the City AdministfatefManager may by written
notification to the City Clerk request a public hearing before the City Council, in which event
the Council shall fix a time for a public hearing which shall be held at its regular meeting place
before the expiration of the thirty-day period above referred to. The City
Manager shall appear and be heard at such hearing. After furnishing the City
Manager with written notice of the intended removal, the City Council may suspend the
Administfato City Manager from duty, but his compensation shall continue until removal as
herein provided. In removing the City ^dmi~is+ra+er Manager, the City Council shall use its
uncontrolled discretion and its action shall be final and shall not depend upon any particular
showing or degree of proof at the hearing, the purpose of which is to allow the City Council and
the City adffii�-ter Manager to present to each other and to the public all pertinent facts
prior to the final action of removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City
Adm;rt,.� Manager shall be responsible to the City Council for the proper administration of
all affairs of the City. Without limiting this general grant of powers and responsibilities, the City
^dministfat&f Manager shall have the power and be required to:
(a) Appoint, promote, demote, suspend or remove department heads, officers and employees of
the City except elective officers. However-, >7 de i4 r head shall beappointed Of 1 V.:,-effi 111V ve l�v
tintil the City Administfater-shall first have feviewed stteh appointment of fetneval with the Gity
Council and have reeeived approval foF sueh appointment et: r-emoval by a major-ity vote of the
Pall
City
Cl uneil
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
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(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by the
City Council governing the contracting for, purchase, inspection, storage, inventory, distribution
and disposal of all supplies, materials and equipment required by any office, department or
agency of the City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council, exercise control of all administrative
offices and departments of the City and of all appointive officers and employees, exeept
these aireetly^ eit to b the C-:t„ r ' and prescribe such general rules and regulations
J "YY.,.�.�...�by ilia. �i�y ��crrc�x t' g
as he ma) deemed necessary or proper for the general conduct of the administrative offices
and departments of the City under#is their jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary
absence or disability of the City ^dmii istr^tor tW r;t y Ad. -sh^"
Adminis ei:, and the Assistant Gity Administrator-, the City n dm suet^ 1VIana Zer shall
appoint one of the other officers or department heads of the City to serve as Acting City
dfPi istfateN A1gpager. In the event the City Manager fails to make such
appointment, such appointment may be made by the City Council.
Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City "dministr- ter A artager, 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.
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The City Council shall maintain by ordinance a comprehensive personnel system for the City. The
City 1VIa aver Adfniffistrater, Assistant City "dministfat-er-,- and any officers designated as
elective by the Charter shall be exempt. The system shall consist of the establishment of minimum
standards of employment and qualifications for the various classes of employment and procedures
to be followed in advancement, demotion, suspension and discharge of employees included within
the system, as the City Council shall determine to be for the best interest of the public service. The
ordinance shall designate the appointive officers and employees who shall be included within the
system. By subsequent ordinances the City Council may amend the system or the list of appointive
officers and employees included within the system,-ea a � tnai Inc=tided=�T
the system, no effieer- of employee shall be withdr-awn thefeffam (tialess the Offiee Of position i-S
eleetion by a major-er-ity of voters • ^+;,,^ ^ ch r tion The system shall comply with all
other provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to
assist and cooperate with the City Manager in administering the affairs of the
City in the most efficient, fiscally responsible, and harmonious manner
consistent with the duties as prescribed by law, City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall
establish such boards, commissions and committees as are deemed necessary for the orderly
functioning of the City. All such boards, commissions and committees shall report directly to the
City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other
penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances
shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain
as follows:." No order for the payment of money shall be adopted or made at other than a
regular or adjourned regular meeting. Upon introduction ^-d s^^^fia ,ending, an ordinance shall
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be read by title only. Unless a higher vote is required by other provisions of this Charter, the
affirmative vote of at least four of the City Council shall be required for the enactment of any
ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is
altered after its introduction, it shall be finally adopted only at a regular or adjourned regular
meeting held no less than five days after the date it was so altered. The correction of
typographical or clerical errors shall not constitute the making of an alteration within the
meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary
at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,
published in the County or the City and circulated in the City, which is selected by the City
Council for that purpose. Current technology shall be used to ensure the widest
possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date
of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation, or
fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an
ordinance, in the manner set forth herein; however, such regulations and codifications need not
be published in the manner required for other ordinances, but not Less than three copies thereof
shall be filed for use and examination by the public in the office of the City Clerk prior to
adoption. Ordinances codified shall be repealed as of the effective date of the codification.
Amendments to the code shall be enacted by ordinance.
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Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or
safety, and containing a statement of the reasons for its urgency, may be adopted in the manner
provided in Section 500 except that such emergency ordinance may be introduced, enacted and
adopted at one and the same regular or special meeting and shall take effect immediately upon
adoption if passed by at least five affirmative votes. An emergency ordinance shall expire
automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all
actions not required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be
published all legal notices and other matters required to be published by law in a daily, semiweekly
or weekly newspaper published in the County or the City and circulated in the City which is
selected by the City Council for that purpose and using current technology. No defect or
irregularity in proceedings taken under this section shall invalidate any publication where it is
otherwise in conformity with this Charter or law or ordinance.
ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be ffeffi ttly , t une 30 „moss
othefwise established by efdinane-e as set forth by resolution of the City Council.
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY
MANAGER. At such date as the City Adiffiinistfatof shall determine, each board
or commission and each department head shall furnish to the City 1VIana�er,
personally, or through the Director of Finance, estimates of the department's, board's or
commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may
be prescribed by the City . In preparing the proposed budget, the City
Manager shall review the estimates, hold conferences thereon with the respective
department heads, boards or commissions as necessary, and may revise the estimates as may be
deemed advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City
^dministFatef 1Vlana er shall submit the proposed budget to the City Council at least -y thirty
days prior to the beginning of each fiscal year. After reviewing the proposed budget and making
such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at
least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice
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thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available
for inspection by the public in the office of the City Clerk at least ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time
to which such public hearing shall from time to time be adjourned, the City Council shall hold a
public hearing on the proposed budget, at which interested persons desiring to be heard shall be
given such opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and
make any revisions thereof that it may deem advisable and on or before the last day of the fiscal
year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of
the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing
fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administfatef
1Vlana�e>r, Director of Finance, City Treasurer and the person retained by the City Council to
perform the post audit function, and a further copy shall be placed, and shall remain on file in the
office of the City Clerk where it shall be available for public inspection. The budget so certified
shall be reproduced and copies made available for the use of the public and of departments, offices
and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,
the several amounts stated therein as proposed expenditures shall be and become appropriated to the
several departments, offices and agencies for the respective objects and purposes therein named;
provided, however, that the City Manager may transfer funds from one object or
purpose to another within the same department, office or agency. All appropriations shall lapse at
the end of the fiscal year to the extent that they shall not have been expended or lawfully
encumbered.
At any public meeting after the adoption of the budget, the City Council may amend or supplement
the budget by motion adopted by the affirmative vote of at least a majority of the total members of
the City Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for
municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in
any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a
tax at such rate shall be deemed to have been levied on all taxable property in the City for the
current fiscal year.
Section 607. TAX LIMITS.
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(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the
City, except as otherwise provided in this section, unless authorized by the affirmative vote of a
majority of the electors voting on a proposition to increase such levy at any election at which the
question of such additional levy for municipal purposes is submitted to the electors. The number
of years that such additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to
the above limitation, if no other provision for payment thereof is made:
l. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds
and judgments due and unpaid, or to become due during the ensuing fiscal year,
which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in which the
City participates, due and unpaid or to become due during the ensuing fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be made
annually,based on City Council approved estimates, for the following specific purposes, but not
to exceed the following respective limits for those purposes for which limits are herein set forth,
to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars;
Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural
affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster
preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy
shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other
measure whose principal purpose is the raising of revenue, or any increase in the amount thereof,
shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at
least five (5) members of the City Council; provided, however, that any tax levied or collected
pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of
this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal
purpose is to pay or reimburse the City for the cost of performing any regulatory function of the
City under its police power in connection with the City's duty to preserve or maintain the public
peace, health, safety and welfare.
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This section shall not apply to any user or service fee or charge provided such fee or charge is
directly related to such use or service, is charged to the user or person receiving such service, and is
to pay or reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of
the City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the
transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a
majority of the electors voting on a proposition submitted to the electors to authorize such tax at a
general or special election.
Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by
general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total
assessed valuation, for purposes of City taxation, of all the real and personal property within the
City.
No bonded indebtedness which shall constitute a general obligation of the City may be created
unless authorized by the affirmative vote of the majority required by law of the electors voting on
such proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than
taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall
have established a procedure for the issuance of such bonds. Such bonds, payable only out of
revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds
payable out of revenues shall be issued without the assent of the majority of the voters voting upon
the proposition for issuing the same at an election at which such proposition shall have been duly
submitted to the registered voters of the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of
any such bonds payable only from revenues and which shall not constitute a general obligation of
the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges,
for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions
upon transfer out of such fund, and other appropriate covenants. Money placed in any such special
fund for the payment of principal and/or interest on any issue of such bonds or to assure the
application thereof to a specific purpose shall not be expended for any other purpose whatever
except for the purpose for which such special funds were established and shall be deemed
segregated from all other funds of the City and reserved exclusively for the purpose for which such
special fund was established until the purpose of its establishment shall have been fully
accomplished.
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Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated by
the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless
authorized by the affirmative votes of at least a majority of the total membership of the City
Council and by the affirmative vote of at least a majority of the electors voting on such
proposition at a general or special election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than SI00,080.99 $161,000.00 may be built on or in any park or
beach or portion thereof now or hereafter owned or operated by the City unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by
the affirmative vote of at least a majority of the electors voting on such proposition at a general
or special election at which such proposition is submitted after the appropriate
environmental assessment, conceptual cost estimate, and reasonable project
description has been completed and widely disseminated to the public.
Effective January 1, 2011, and each year thereafter, the maximum cost will
be adjusted by the Consumer Price Index for the Los Angeles-Riverside-
Orange County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach AND
- such act was being performed or service provided at the same location prior to January
1, 1989
AND
the proposed lease, franchise, concession agreement or other contract would not
increase the amount of parkland or beach dedicated to or used by the party performing such
act or providing such service.
(3) to above ground public works utility structures under 3,000 square
feet;
(4) to underground public works utility structures if park or beach use
is not impeded;
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5) to any public works construction, maintenance or repair mandated
by state or federal law that does not negatively impact recreational
opportunities; or
6) to renewable energy projects that do not negatively impact
recreational opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or
any amendment or revision of this amendment, is for any reason held to be invalid or
unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full force and effect. (12/7/90)
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be
bound by a contract only if it is made in writing, approved by the City Council and signed on behalf
of the City by the Mayor and City Clerk or by a City officer designated by the City Council and
only upon the direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City
Manager or other officer to bind the City, with or without a written contract, for the
acquisition of equipment, materials, supplies, labor, services or other items included within the
budget approved by the City Council, and may impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or exchange
of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility owned,
controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City
Administrato Manager and at rates fixed by the City Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided,
every contract involving an expenditure of mere than Twenty five TL.,,,,,,and r,,,llafs ($25 nnm as
set forth by ordinance of the City Council for the construction or improvement (excluding
maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and
playgrounds, and each separate purchase of materials or supplies for the same, where the
expenditure required for such purchase shall exceed the suer-of Twenty five Thousand Del ern
amount set by ordinance, shall be let to the lowest responsible bidder after notice
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by publication in accordance with Section 503 by two or more insertions, the first of which shall be
at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the
contract or project is less-thanTwenty-five Thetisand Dollars re2c,nna� is below the amount
set by ordinance, the City Council may declare and determine that in its opinion, the work in
question may be performed better or more economically by the City with its own employees, or that
the materials or supplies may be purchased at lower price in the open market, and after the adoption
of a resolution to this effect by the affirmative vote of a majority of the total members of the City
Council, it may proceed to have said work done or such materials or supplies purchased in the
manner stated without further observance of the provisions of this section.
All public works contracts exceeding the sum of Twenty five Thousand Do llafs ($25,0" the
amount set by ordinance may be let and purchases exceeding the stim of Twenty five
Thousand D ilafs ($25 nnn) the ant®>lunt Set bV Ordinance-may be made without advertising
for bids if such work or the purchase of such materials or supplies shall be deemed by the City
Council to be of urgent necessity for the preservation of life, health, or property and shall be
authorized by at least five affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of
any existing public utility operated by the City or for the purchase of supplies or equipment for any
such project or any such utility may be excepted from the requirements of this section by the
affirmative vote of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual
audit of all City accounts and may provide for such more frequent audits as it deems necessary.
Such audits shall be made by a certified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.
The Council may, without requiring competitive bids, designate such accountant or firm annually
provided that the designation for any particular fiscal year shall be made no later than thirty days
after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final
audit and report shall be submitted by such accountant to the City Council, one copy thereof to be
distributed to each member. Additional copies of the audit shall be placed on file in the office of the
City Clerk where they shall be available for inspection by the general public, and a copy of the
financial statement as of the close of the fiscal year shall be published in the official newspaper.
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Section 617. INFRASTRUCTURE FUND.
Section 617. INFRASTRUCTURE FUND.
The term "Infrastructure" shall mean long-lived capital assets that normally are
stationary in nature and normally can be preserved for a significantly greater
number of years. They include storm drains, storm water pump stations, alleys,
streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped
medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block
walls along arterial highways, and all public buildings and public ways.
(-a} All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of
infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled
"Infrastructure Fund." The tef "InfiastfuEttif " shai! fflean iong lived eapital assets that N a".,
stations, ,
bridges, >
> bleek walls along ai4efial highways,
Monies in said
Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,
including construction, design, engineering, project management, inspection, contract
administration and property acquisition.
¶Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other
purpose. Interest earned on monies in the Infrastructure Fund shall accrue to that
account.
funding. The average pereentage of general fund f:eventtes utilized for- inffastfaetur-e i . ts
and ee,feF the five-(5)) yeaf: period o=n°6to 22901,Ts and was '-�950,%. Expenditures
for infrastructure improvements and maintenance, „bsequen to 2n , shall not be reduced below
15% of general fund revenues based on a five- (5) year rolling average Of general fund
revenues. The average percentage of general fund revenues utilized for
infrastructure improvements and maintenance, for the five (5) year period of
1996 to 2001, is and was 14.95%. Upon adoption of the 2015/2016 budget, debt
service, or any other indirect costs, shall not be included in the 15% calculation
of the general fund expenditures for infrastructure improvements, repair and
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maintenance. Revenues placed in the Infrastructure Fund shall not supplant
existing infrastructure funding.
(e) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the
sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and
infrastructure expenditures and which shall present a report its findings to the City
Council at a noticed public hearing prior to adoption of the following fiscal-year budget.
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held
in the city on the first Tuesday after the first Monday in November in each even-numbered year.
(12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be
held by authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in.
accordance with the provisions of the Elections Code of the State of California, as the same now
exists or hereafter may be amended, for the holding of municipal elections, so far as the same are
not in conflict with this Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal
elective officers. The provisions of the Elections Code of the State of California, as the same now
exists or hereafter may be amended, governing the initiative and referendum and the recall of
municipal officers, shall apply to the use thereof in the City so far as such provisions of the
Elections Code are not in conflict with the provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal
office must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made
appointive of the City shall continue to hold such offices until the completion of their current terms
and the election or appointment and qualification of their respective successors under this Charter.
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All boards, commissions and committees presently in existence shall continue to act in accordance
with their original grant of authority until such time as the City Council adopts appropriate
ordinances pertaining to their activities or for one year, whichever occurs first. All lawful
ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter
takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same
shall have been duly repealed, amended, changed or superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in
this Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency,"
"officer," or "employee" is a department, board, commission, agency, officer or employee, as the case
may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) "Person"includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a
misdemeanor. and shall be punishablepen eenvieti,,, by a fine t e�iEee dii Five Hu d a
eae day that . such violation t' t' shag e t't, t separate .,1 t'
.....�.. ..u� u�u� any .�uvai r'i viucavii�vu�
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other
transfer by the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement
or enforce any control or system of controls on the price or other terms on which real property
in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner.
The words "real property" as used in subsection (a) refer to any parcel of land or site, either
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improved or unimproved, on which a dwelling unit or residential accommodation is or may be
situated for use as a home, residence or sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code violations,
excluding those caused by disasters, for which a civil or criminal citation has been issued
by the City and remains unabated for six months or longer;
(2) any real property owned by a public entity, and real property where the owner has
agreed by contract with the public entity, including the City and any of its related
agencies, to accept a financial contribution or other tangible benefit including without
limitation, assistance under the Community Redevelopment Law;
(3)any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of its
related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real property,
whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when the
transient occupancy of that dwelling unit or accommodation is subject to a transient
occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
_Section 804 CHARTER REVIEW The City Council shall convene a citizen's
_Charter Review Commission to conduct a review of the City Charter no less
frequently than every ten years.
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Item 13. - Page 60 -1202-
April 8, 2010
To: The Honorable Mayor and City Council Members
From: Dick Harlow, Chair, Charter Review Commission
Shirley Dettloff,Vice Chair,Charter Review Commission
Subject: Charter Review Commission Final Report
In April of last year, the City Council embarked upon an update of the Charter by creating a Charter Review
Commission. The Commission was to be made up of 15 members;one to be appointed directly by each of
the City Council members and the other eight to be appointed by the City Council as a whole. Over 45
citizens applied for these 15 positions. Following the interview and appointment process,the city retained
Raphael Sonenshein, an expert in Charter reform in numerous Southern California cities,to guide the
Commission through this process..
The Commission began its work on July 22 of last year, at that time they elected Dick Harlow as their Chair
and Shirley Dettloff as their Vice Chair. The process began with a general agreement on the process for the
review and an aggressive twice a month meeting schedule. The Commission's goal was to complete the
review in time for the Charter amendment to make the November 2010 election ballot.
As an initial step, a cursory review of the Charter was made to identify those Charter Sections that could be
reviewed quickly and those that might need extended discussion. It was decided that all initial decisions
would be taken as "straw votes" in order to allow maximum flexibility for further debate and discussion
once the entire Charter had been reviewed. Throughout the process, a number ad hoc additions and
changes were brought before the Commission. Despite this,the Commission has completed its work very
nearly within the timeframe they had initially set for themselves. A final vote on the recommended Charter
revisions was taken by the Commission on March 25.
With this report, we are pleased to put the final draft of the Proposed Revised Charter into your hands.
You'll find much of the Charter remains unchanged except for contemporizing the language. There are, of
course, a number of significant revisions for you to consider. These are highlighting below.
ARTICLE II—Form of Government
Section 200—Form of Government
Charter Section 200 establishes the city's form of government. Reflecting the evolution of the
relationship between the City Council and the City Administrator,the Commission is recommending
that this section be changed to a Council-Manager Form of Government. In addition to the change
in this Section, any reference to City Administrator has been changed to City Manager throughout
the Proposed Revised Charter.
-1203- (tern 13. - Page 61
Charter Review Commission Final Report
ARTICLE III—Elective Offices
Section 300-City Council,Attorney, Clerk, and Treasurer—Terms
The Commission considered making these three offices appointed, and is not recommending that
change. However,with support from the three department heads currently serving in these
positions, Section 309-311 have been modified to strengthen the qualifications for these offices.
Because of some concern about a qualified candidate coming forward to run,the Commission is
recommending that there be an addition to Section 300 of the Charter as follows:
ADDED: if no candidate who meets the qualifications shall be elected to the office of City Clerk, City
Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next
municipal general election in which a qualified candidate is elected.
Section 303- Meetings and Location
MODIFIED Section 303 to allow use of current technology for publication of meeting notices,
agendas, and minutes. Current requirements for publication in Section 303 did not reflect the way
many people communicate today. This language corrects that and allows for future changes
Section 306- Mayor Pro Tem
ADDED: In 1991 the City Council adopted Resolution 6320 which set forth the method by which a
Council Member would rotate into the position of Mayor. Each year since that time, the City
Council has followed this method in selecting the new Mayor. Section 306 of the Charter has been
modified to reflect the process in Resolution 6320 with one exception;there are five years instead
of four years between last serving as Mayor and becoming eligible to be Mayor Pro Tem.
Section 307- Non-Interference
ADDED: Language was added to Charter Section 307 as follows: No elected department head or
staff of the office of that department head shall be a member of the management negotiating team
for the purposes of negotiations of memorandums of understanding with the employee bargaining
units
Section 309- City Attorney, Powers& Duties
MODIFIED Qualifications were modified to require management experience, graduation from an
accredited law school, and accreditation by the American Bar Association.
Section 310-City Clerk, Powers&Duties
MODIFIED Qualifications were modified to add management experience, a bachelor's degree,and
certification as a Municipal Clerk within three (3)years of election or appointment to the office.
Section 311-City Treasurer, Powers& Duties
MODIFIED ' Qualifications were modified to include finance and management experience and
either a Master's degree in accounting, finance, business, or public administration; or a Bachelor's
degree in accounting, finance, business, or public administration and Certification by the California
Municipal Treasurer's Association, or their successor,within three (3)years of election or
appointment to the office.
Section 312-Vacancies, Forfeitures and Replacement
MODIFIED (NEW LANGUAGE UNDERLINED): If a member of the City Council is absent from all
regular meetings of the City Council for a period of thirty consecutive days from and after the last
regular City Council meeting attended by such member, unless by permission of the City Council
expressed in its official minutes, the office shall become vacant. If an elected City officer leads
guilty or no contest to or is convicted of a felony or any crime of moral turpitude or ceases to be an
elector of the City,the office shall become vacant. The City Council shall declare the existence of
such vacancy. Any elective officer of the City who shall accept or retain any other elective public
office, except as provided in this Charter, shall be deemed thereby to have vacated the office under
the City Government.
2
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Charter Review Commission Final Report
ARTICLE IV—Appointive Offices and Personnel
The Commission is recommending a number of changes to Article IV of the Charter to reflect the change
above in the form of government and changes in the role of the city's manager.
Section 401-City Managers Powers and Duties
(a) REMOVED: 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.
(h) REMOVED: "except those directly appointed by the City Council,"
Section 402-Acting City Administrator
MODIFIED: 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 the City Council.
Section 403- Personnel
REMOVED: "Assistant City Administrator" and
REMOVED: "provided, however,that once included within the system, no officer or employee shall
be withdrawn therefrom (unless the office or position is actually abolished or eliminated)
without the approval of such withdrawal at a regular or special election by a majority of
the voters voting on such proposition."
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Administrator, Assistant City Administrator and any officers designated as elective by the Charter shall be
exempt. The system shall consist of the establishment of minimum standards of employment and
qualifications for the various classes of employment and procedures to be followed in advancement,
demotion, suspension and discharge of employees included within the system, as the City Council shall
determine to be for the best interest of the public service. The ordinance shall designate the appointive
officers and employees who shall be included within the system. By subsequent ordinances the City
Council may amend the system or the list of appointive officers and employees included within the
system., pr-o�4dec� however, that once inGluded within the system, no offieeF oF emp�oyee shatl be
The system shall comply with all other provisions of this Charter.
ADDED: 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 in the
most efficient,fiscally responsible, and harmonious manner in so far as may be consistent
with their duties as prescribed by the law,the Charter, and the ordinances of the city."
ARTICLE V—Ordinances and Resolution
Section 500- Regular Ordinances, Enactment,Adoption, Publication,Amendment,When Effective
and Codification
(a) REMOVED second reading by title
(c) ADDED: using current technology to ensure the widest possible dissemination.
Section 501- Emergency Ordinances:
ADDED: Automatic repeal of an Emergency Ordinance after 120 days.
Section 503- Publishing of Legal Notices
3
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Charter Review Commission Final Report
ADDED: Via current technology
ARTICLE VI -Fiscal Administration
Section 600—Fiscal Year
REMOVED the fiscal year dates to allow the fiscal year to be set by resolution.
Section 602-Annual Budget Submission to the City Council
MODIFIED The budget is to be submitted to the City Council 30 rather than 60 days prior to the
beginning of the next fiscal year.
Section 612(Measure C)—Public Utilities and Parks and Beaches
ADDED MINUTE ACTION OF JULY 11, 1994 by requiring that an appropriate environmental
assessment, conceptual cost estimate, and reasonable project description has been completed and
widely disseminated to the public prior to taking a Measure C vote.
Section 612 (c)ADDED exemptions to a Measure C Vote for:
• above ground public works utility structures under 3,000 square feet, and
• public works underground utility structures if park or beach use is not impeded; and
• any city public works construction, maintenance or repair mandated by state or federal law
that does not negatively impact recreational opportunities
• renewable energy projects that do not negatively impact recreational opportunities.
MODIFIED the amount that triggers a Measure C vote from $100,000 to$161,000.
ADDED language to the Charter indexing the amount triggering a Measure C to the Los
Angeles/Orange County Region Consumer Price Index(CPI).
Section 614-Contracts on Public Works
MODIFIED to allow the threshold for requiring a bid process on Public Works contracts to be set by
ordinance.
Section617-Infrastructure Fund
MODIFIED the language in this section to clarify the original intent and to exclude debt service
beginning with the 2015/2016 FY budget.
ALSO MODIFIED the role of the Citizen Infrastructure Advisory Board as follows:
The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the
sole responsibility to conduct an annual review and performance audit of the Infrastructure
Fund and infrastructure expenditures and which shall present a report of its findings to the
City Council at a noticed public hearing prior to adoption of the following fiscal-year budget.
ARTICLE VII—Elections
No Changes Recommended
ARTICLE Vill—Miscellaneous
Section 802-Violations [of the Charter]
REMOVED the wording specifying a fine of$500 and imprisonment, and RETAINED only: "The
violation of any provision of this charter shall be a misdemeanor."
Penalties and fines are usually set by the courts.
NEW—Charter Section 804—ADDED a requirement for the City Council to convene a citizen Charter
Review Commission to conduct a review of the City Charter no less frequently than every ten years.
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In the course of taking public testimony on the Charter,the commission also received recommendations
that the Commission felt were not appropriate for inclusion in the City Charter, but which warranted
forwarding to the City Council for policy consideration. The following items fall into this category.
It was suggested:
1. That there be a process to verify the cost of improvements on projects that could potentially be
covered under Measure C by:
• The Public Works Dept. retaining an as-needed professional estimating consultant
• Requiring project applicants to submit their construction cost estimates to Public Works
for review and pay an associated fee
• The city developing a procedure for an independent cost estimate to determine if a
public or private project would require a Measure C vote
2. It was further suggested that the city develop a process for notifying the public whenever there
is a city-owned or city-operated park or beach development project with a cost of more than
$10,000 but less than$161,000 (not requiring a Measure C vote).
3. When the above is the case, utilize a notification process similar to that currently used by the
Planning and Community Services Departments to mail public notices to property owners
within a 300' radius of the site and by publishing a notice in the newspapers.
4. It was also suggested that the Council consider placing any major General Plan amendment on
a ballot for citizen approval.
Xc: Charter Review Commission Members
Fred Wilson, City Administrator
Jennifer McGrath , City Attorney
Pat Dapkus, Administrative Analyst, Sr.
5
-1207- Item 13. - Page 65
Item 13. - Page 66 -1208-
4 v r ti•�
g
April 29, 2010
To: The Honorable Mayor and City Council Members
From: Dick Harlow, Chair, Charter Review Commission
Shirley Dettloff, Vice Chair, Charter Review Commission
Subject: Charter Revisions - Questions and Answers
Thank you for this opportunity to present the Charter Review Commission's recommendations
to you in open session. During our meeting with the City Council in study session, several
questions were raised regarding the Commission's recommendations. We have attempted to
address these below, and we will be available at your May 3 meeting to respond on any further
questions you may have.
Article III
Section 300 - Elective Offices -
• With regard to the new language added to Section 300, who determines now if a
candidate for an elected office is qualified? If a candidate who is not qualified runs,
would the Council have to wait until the election occurred before they could act? If a
candidate is elected and determined not to be qualified after the fact, what would
happen? What would the process be?
Qualifications for office would be determined by the City Clerk and City
Attorney in advance of acceptance of nominations. If challenged by a
candidate, then a judge would resolve it
The city charter and state law already have qualifications, so this is not a new
problem. The charter reform commission is only recommending to amend the
qualifications. The city clerk has the initial authority to certify a candidate. In
case of dispute, the city attorney could be called upon to make a legal
determination. It is likely to be very unusual that these matters would be
appealed, especially if the charter is specific. But it should be assumed that
city officials would be open to allowing candidates to run even if there is some
ambiguity and let the voters decide based on what the contenders argue.
If a candidate is manifestly in violation of the qualifications (e.g., no college
degree), the clerk would be expected to refuse to list that candidate on the
ballot. In the case that a candidate is elected on the promise to complete
certification, the council would have to declare the elected official out of
compliance, which would vacate the seat.
Section 302- Council Compensation
® Why don't we just put down what the Council gets rather than the $175 + benefits?
-1209- Item 13. - Page 67
This section of the Charter was not amended. Current language also allows a
reasonable and adequate amount to be set by ordinance to cover the routine
and ordinary expenses and costs which are incurred by those who serve as a
City Councilmember. If the expense allowance and benefits were in the
Charter a vote of the public would be required to adjust them.
Section 306- Mayor Pro Tem -
• Why add the Mayor's Rotation to the Charter?
Since adopting Resolution 6320 in 1991, the City Council has followed the
process it outlines for the rotation of the Mayor and Mayor Pro Tem.
• Why five years between rotation to Mayor Pro Tem?
Four years allows a second term as Mayor Pro Tem and Mayor before all of the
City Council Members have had a first term.
• Why would a member who declines their term as mayor stay in the same place in the
rotation as if they had served?
This is the current practice under existing City Council Resolution 6320.
• Why not just leave it at straight seniority? Leave it as whoever is on the Council the
longest unless they have already served.
With the exception of changing the interval from four years to five, the Charter
amendment is the current City Council practice under Resolution 6320.
Section 309-311 - Elected Department Heads -
• Why were the qualifications for City Attorney, City Clerk, & City Treasurer changed?
Why is managerial experience necessary?
Staff conducted a thorough survey of other cities with appointed or elected
posts. HB's charter, which has not been updated in many years, contained
relatively weak requirements for these positions, even in comparison to other
cities with elected positions. Furthermore, these positions have evolved to
become more professional, and the holder of the post is a department head.
Those who fill assistant positions just below the department head now must
meet significant professional requirements. The commission sought to
improve the expectations for such an elected department head while avoiding
the danger of reducing the available field. Management experience emerged
as quite important because a department head is not a sole operator, and must
supervise people some of whom may have greater professional qualifications
than themselves.
Based on testimony by the current office holders before the Charter Review
Commission, they clearly meet these requirements.
• Appropriate certification? Question if anyone would have the appropriate certification
to run for the office?
The City Clerk and the City Treasurer are given three years after election to
acquire certification. The certifications identified were those recommended
respectively by each of the current office holders.
2
Item 13. - Page 68 -1210-
• If no qualified candidate was elected, could an appointee be from outside Huntington
Beach?
An appointee would have to meet the same qualifications as those required of
a person elected to the office.
• Why the addition of: "No elected department head shall be a member of the
management negotiating team for purpose of negotiations of memorandums of
understanding?
This provision eliminates any potential for a conflict of interest.
Article IV—Appointive Offices and Personnel
Section 400— City Administrator/ Manager
• Why eliminate City Council approval on hiring and firing a department head?
The city manager/administrator model of local government combines the
broad policy authority of the governing body(the city council) with a
professional day-to-day operation of the government. The council has full
authority to make policy, and to hire and fire the manager/administrator.
Most City Council Members serve part time, at great cost to family and
professional lives. To expect Members to not only make policy, and to
respond to public input, and at the same time to run the government is
unrealistic. In addition, city charters including HB's make it clear that the
council is not to direct the daily operations of government except through the
appointed manager/administrator.
Generally accepted practice is that department heads report to the
manager/administrator, and the manager/administrator reports to the city
council. To the extent that the council holds the fate of individual department
heads in its hands, the ability of the manager/administrator to hold
department heads accountable is weakened. If the City Council plays a direct
role in administration, it will not be able to hold the City
Administrator/Manager accountable for the performance of a department
head.
Article V— Ordinances and Resolutions
• Why eliminate the second reading by title of ordinances? What if something comes to
light after introduction? Would this make it more difficult to undo the ordinance?
The Ordinance will continue to appear on the City Council at a second
meeting. This amendment would only mean that it would not be read aloud by
title at the second meeting.
• Can the publication sections (Section 500 (c) and 503) could be written without the
wording about publishing in a newspaper: "daily, semiweekly, or weekly newspaper
published in the County or the City and circulated in the City, which is selected by the
City Council for that purpose." He is suggesting we simply go with the last line of
Section 500(c): "Current technology shall be used to ensure the widest possible
dissemination." Is that possible?
Yes we could change Section 500 and 503 but there are state law
requirements for publication of certain types of actions (eg zoning laws).
3
-1211- Item 13. - Page 69
• Why repeal on emergency ordinances after 120 day?
Emergency ordinances are adopted without a second reading and are
intended to be a bridging action to address an urgent need until further
analysis and permanent action can be taken by the City Council. An
emergency ordinance is not intended to be permanent. Allowing an
emergency ordinance to automatically sunset eliminates the need to bring an
action back to the city council and the precludes the possibility that the law
will remain on the books beyond its purpose.
Article VI
Section 612 - Measure C
• Why $161,000? Can anything really be fixed or new equipment purchased for this
amount? What difference does it make if its $100,000 or $161,000?
The Commission considered Measure C to have reflected widespread
sentiment in the community. We were not working with a fresh slate,
but rather updating a section of the charter that voters had directly
approved. By increasing the amount to $161,000 and then by allowing a
cost of living adjustment, the Commission intended to provide greater
flexibility and avoid costly ballot measures.
$161,000 would replace $100,000 as the threshold for requiring a
Measure C vote. It does not limit the size of the project or the amount
that will need to be spent on the project.
Section 617- Infrastructure Fund
• Why would you exclude debt service? When you buy a house or a car you consider
the interest as a part of the cost for that asset. Whenever one makes a major
acquisition, the interest on the debt is factored in as part of the cost. Why should it be
excluded for infrastructure?
Debt service was not included in Section 617 as an expenditure to be included
in the definition of"Infrastructure." The items defined as "infrastructure"in
Section 617 are specific. They include storm drains, storm water pump
stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges,
street trees, landscaped medians, parks, beach facilities, playgrounds, traffic
signals, streetlights, block walls along arterial highways, and all public
buildings and public ways.
The Charter further states that Monies in the said Infrastructure Fund shall be
only used for direct costs relating to infrastructure improvements and
maintenance including construction, design, engineering, project
management, inspection, contract administration, and property acquisition. It
does not include debt service.
The 15% called for in the Charter is based on expenditures for maintenance
and repairs and it is based on the rolling average for the previous five (5)
years. If debt service was to have been included, the 15% set above would
have been greater.
4
Item 13. - Page 70 -1212-
• What was the intent of the original Charter amendment?
The actual language from the ballot measure is attached.
Section 800
• Where does the money go if fines are accessed for non-compliance under the current
charter?
Into the general fund, unless other provision is made in the charter.
Ballot Measure
• Why do the Charter revisions need to go on the ballot this November?
It is always best to go the ballot relatively soon after a charter commission
completes its work, and its recommendations are most timely. Then there is
the question of cost. November is especially appealing because it is much
cheaper to go with an existing state and federal election. Additionally, the
November election is a national election providing a greater likelihood that
more citizens will participate in the election.
• Why a single ballot measure. What if people agree with some of the changes but
disagree with others?What about the controversial measures. Shouldn't they be
separate ballot measures? Which Charter Sections should go as a separate ballot
measure?
The least expensive way to place the charter amendments on the ballot is by
having a single measure. Each additional measure adds more than$8,800 to
the cost. The City Council will ultimately make the determination as to whether
there are specific Charter amendments that should go on the ballot as a
separate measure.
• Who will determine the significant changes?
The actual ballot language will be approved by the City Council.
• Why should people have to go to the City Clerk's office to see the entire draft?
In addition to being available in the Clerk's office, the full legislative draft and
final copy of the revised Charter will be available online and can be sent to
anyone who requests a copy.
If there had been major changes proposed in the charter, it would be
necessary to distribute the whole charter. But the commission determined
that much of the charter is fine as is. For instance, the structure of the charter
has been left undisturbed, and the most widespread changes are gender
neutrality. While some proposed changes are quite significant, the voter does
not need to read the whole charter to see their importance and direction. As
with the report to the council, the commission has been completely
transparent about what the changes are, and why they were proposed. All of
this information will be presented to the voters as well.
In a time of tight budgets, the commission believed that reprinting the entire
charter for each voter would be a waste of public funds.
5
-1213- Item 13. - Page 71
Attachment: 2002 Ballot Measure FF — Infrastructure Fund
Xc: Fred Wilson, City Administrator
Charter Review Commission Members
Raphael Sonenshein, Charter Review Commission Facilitator
Jennifer McGrath, City Attorney
Pat Dapkus, Department Analyst, Sr.
6
Item 13. - Page 72 -1214-