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HomeMy WebLinkAboutCharter Review Commission - Proposed Revisions to the City C CITY OF HU TINGTON BEACH CITY CHARTER J� J- J� �v 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/Final Charter-04-26-10 -1563- Item 11. Page 1 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 II.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 Final Charter-04-26-10 C-1 jm/kc Item 11. - Page 2 -1564- 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 Final Charter-04-26-10 C-2 jm/kc -1565- Item 11. - Page 3 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. Final Charter-04-26-10 C-3 jm/kc Item 11. a Page 4 -1566- 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 Final Charter-04-26-10 C-4 jm/kc -1567- Item 11. - Page 5 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 Final Charter-04-26-10 C-5 jm/kc Item 11. - Page 6 -1568- 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 TEMMPORE. 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. Final Charter-04-26-10 C-6 jm/kc -1569- Item 11. - Page 7 (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. 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, 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. Final Charter-04-26-10 C-7 j m/kc Item 11. - Page 8 -1570- (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 parry 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. CITY CLERK. POWERS AND DITTIES. 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. Final Charter-04-26-10 C-8 jm/kc -1571 m Ite9'1'1 11. - Page 9 (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. 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 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. Final Charter-04-26-10 C-9 j m/kc Item 11. e Page 10 -1572- (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. Final Charter-04-26-10 C-10 j m/kc -1573- Item 11. - Page 11 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 DUTIES. 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: Final Charter-04-26-10 C-1 i jm/kc Item 11. - Page 12 -1574- (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. (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 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 Final Charter-04-26-10 C-12 jm/kc -1575- Item 11. - Page 13 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. Final Charter-04-26-10 C-13 jm/kc Item 11. o Page 14 -1576- (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 NOVICES. 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. Final Charter-04-26-I 0 C-14 jm/kc -1577- Item 11. - Page 15 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. Final Charter-04-26-10 C-15 j m/ke Item 11. - Page 16 -1578- 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 CITE' 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. Final Charter-04-26-10 C-16 j m/kc -1579- Ite1'8'ta 11. - Page 17 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. Final Charter-04-26-I 0 C-1"7 jm/kc Item 11. e Page 18 -1580- 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 Final Charter-04-26-10 C-18 jmlkc -1�B1- Item 11. - Page 19 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 WORDS. 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. Final Charter-04-26-10 C-19 jm/kc Item 11. - Page 20 -1582- 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. Final Charter-04-26-10 C-20 jm/kc -1583- Item 11. - Page 21 ARTICLE VH 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. Final Charter-04-26-10 C-21 J m/kc Otelm 11. - Osage 22 -1584- (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 Final Charter-04-26-10 C-22 jm/kc -1585- Item 11. - Page 23 (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. Final Charter-04-26-10 C-23 j m/kc Item 11. e Page 24 -1586- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS etl}reu Proposed Charter Language - March 23, 2010 CITY OF HITN TINGTON BEACH CITY CHARTER 1N V+ 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.................................................................7/17/7 8 45990 1 09-2312/45990 -1587- Item 11. - Page 25 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str-ilfet eu Proposed Charter Language - March 23, 2010 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised..............................................................4/ /10 45990 2 09-23 1 2/45 990 Item 11. - Page 26 -1588- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS 84ike&vagh Proposed Charter Language - March 23, 2010 CITY CHARTER TABLE OF CONTENTS ARTICLE I.INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102. Boundaries Section 103.Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II.FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III.ELECTIVE OFFICES Section 300. 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 45990 3 09-2312/45990 -1589- Item 11. - Page 27 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS $tI}reu Proposed Charter Language - March 23, 2010 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 45990 4 09-23 1 2/4 5 99 0 Item 11. - Page 28 -1590- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS gtr4� # Proposed Charter Language - March 23, 2010 „ „ amendment, that a vote of the people be i e final appreval&fpr*etIq appreved by the eity,for eenstruetion 45990 5 09-2312/45990 -1591- Item 11. m Page 29 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 844ie� Proposed Charter Language - March 23, 2010 CHARTER We,the people of the Gity of Huntington Beach, State of Califemiai do ordain and establish this Chafter- 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. f 45990 6 09-2312/45990 Item 11. - Page 30 -1592- KEY INSERTIONS. Bold 14 pt. font,Double underline DELETIONS Stfiketlffet&4 Proposed Charter Language - March 23, 2010 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 II FORM OF GOVERNMENT Section 200. COUNCIL-ADMINISTRAXOR MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-AdministrateF 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. 45990 7 09-2312/45990 -1 593- Items 11. - Page 31 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS e* � Proposed Charter Language - March 23, 2010 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 Iiie 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. 45990 8 09-2312/45990 Item 11. - Page 32 -1594- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS Burgh Proposed Charter Language - March 23, 2010 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 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) ®pen 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 ®RIDER. (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 45990 9 09-2312/45990 _1595- Stern 11. - Wage 33 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Proposed Charter Language - March 23, 2010 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 Gotmeilshall also designate one of its membefs as Mayor- Pfo Tempere, who shall se- --h eapaeity at the pleastwe of the City Ceuneil.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 Citv 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. 45990 10 09-2312/45990 Item 11. m Page 34 -1596- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str�� Proposed Charter Language - March 23, 2010 (b)The member of the City Council having the longest consecutive City Council service shall become the Mayor Pro tempore. (I) 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 TemMe. (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 Administrator- Manager, and no member of the City Council shall give orders to any subordinate of the City ^ am;,,;s+r tr r 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 45990 1 1 09-2312/45990 -1597- Item 11. a Page 35 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str-i e� Proposed Charter Language - March 23, 2010 officer or employee is a parry 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. ' 45990 12 09-2312/45990 Item 11. a Page 36 -1598- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &Ifi gk Proposed Charter Language - March 23, 2010 (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 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 books records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books 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 andrecords 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 45990 13 09-2312/45990 -1599- Item 11. - Page 37 KEY INSERTIONS: Bold. 14 pt. font,Double underline DELETIONS StrR,at eag Proposed Charter Language - March 23, 2010 and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (i) 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. The minimum qtWifieafiens for- the position of City Clerk sha4l be thTee yeafs of relevant work (, 4) Section all. CITY TREASURER. POWERS AND DUTIES. To become and retrain 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. 45990 14 09-2 3 1 2/45990 Item, 11. e Page 38 -1600- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS eke Proposed Charter Language - March 23, 2010 (b) Have and keep custody of all public fiends 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 AdministratEwli�anaer, 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 Administrate 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. The minimum qualifications for- the position of City T-reastffer- shall be a eembination of edueation and experience wea relative to fiseal management. (Chafter Amendment 12/7/84) 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 45990 15 09-2312/45990 -1 6®1- (tern 11. m Page 39 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str-i� Proposed Charter Language - March 23, 2010 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 Administ-ratof 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 ADMINISTRATOR. MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City Administretef Manager who shall be the chief administrative officer of the City. (b) Term. The Administrator 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 Administrator City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge 45990 16 09-2312/45990 Item 11. - Page 40 -1602- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 8ri1Ee*"ugh Proposed Charter Language - March 23, 2010 of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Adrainistrator 1Vlana er or Acting City Administrater 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 Administrator 1lilanager 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 Administrator1VIanager 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 moist-rater 1VIanager shall be furnished with a written notice stating the Council's intentions and, if requested by the City IVla&ager, the reasons therefor. Within seven days after receipt of such notice, the City 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 Administratef Manager shall appear and be heard at such hearing. After furnishing the City AdministTateT Manager with written notice of the intended removal, the City Council may suspend the Administfater City Manager from duty,but his compensation shall continue until removal as herein provided. In removing the City ^ aY, ;n;st,^+^~ Iiianager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Administra 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 Administfa 1VIanaggr 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-, depaftment head shall be appointed "r-refflevuntil the Ci4y AdmipAstrator- shall first have reviewed sueh appointmepA or-removal m4th the Council a-ad have Feeeived appfeval for- sueh appointment or removal by a majority vote of f,r1 Git-y COUReil. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. f 45990 17 09-2312/45990 -1603- Item 11. a Page 41 KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS Sal} Proposed Charter Language - March 23, 2010 (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 two Elireetly appointed by the City Couneil and prescribe such general rules and regulations as he may deemed necessary or proper for the general conduct of the administrative offices and departments of the City under his their jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY MAMA ER. During any temporary absence or disability of the City Administr-ater 1VlanagerI the City n d, inist-r-a f r shall sefve A ater-, and the Assistant City Administrator-,•strate� the City n a,,, istr- too 11lanage>r shall appoint one of the other officers or department heads of the City to serve as Acting City ndfni isl+ator Manag,,er. In the event the City Admiei�r 1VIana�er 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 Administfat 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. 45990 18 09-2312/45990 Item 11. a Page 42 -1604- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS S#4kethfeugh Proposed Charter Language - March 23, 2010 The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City ManagerAdministrator-, Assistafft City ^dmia s#ater, 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., r 4�a^a, '' the system, no officer or- employee shall be A4�drayv% thereffom (Lmless the effiee or- position is ae4ually abolished or eliminated) without the appr-eval of stieh N%4thdrawal a4 a regular- or speeial elec ; n by ^ majority of the votes voting e sueh preposition. 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 and seeond reading, an ordinance shall 45990 19 09-23I2/45990 -1605- Item 11. - Page 43 KEY INSERTIONS: Bold 14 pt. font, DD ubie underline DELETIONS &Ir4ke� Proposed Charter Language - March 23, 2010 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 sheuld-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. 45990 20 09-2312/45990 Item 11. - Page 44 -1606- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS &fke#hfeuo Proposed Charter Language - March 23, 2010 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 fr-em itt13=Tto Affle 20 unless theiz ise established by or-din ree as set forth by resolution of the City Council. Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR MANAGER. At such date as the City inist-Fatof Manager shall determine, each board or commission and each department head shall furnish to the City Administrate» 1!/Ianager9 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 Administrate> 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 Administr- Manager shall submit the proposed budget to the City Council at least six4y 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 45990 21 09-2312/45990 -1607- (tern 11. - Page 45 KEY INSERTIONS: Bold 14 pt. font, Double under fine DELETIONS StilE Proposed Charter Language - March 23, 2010 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 AdministfateT 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 Administratof 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. 45990 22 09-23 1 2/45 9 9 0 Item 11. - Page 46 -1608- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS &IEetk-eu& Proposed Charter Language - March 23, 2010 (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. 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. 45990 23 09-2312/45990 -1609- Item 11. - Page 47 KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS 94ikethrough Proposed Charter Language - March 23, 2010 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. 45990 24 09-23 1 2/4 5 990 Item 11. - Page 48 -1 f:1®- KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS Stri� Proposed Charter Language - March 23, 2010 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 $!00;000 00 $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 L 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 f (4) to underground public works p utility structures if park or beach use is not impeded; 45990 25 09-2312/45990 -1611- Item 11. - Page 49 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str c 1} Proposed Charter Language - March 23, 2010 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 Administfatef 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 AdministratoFManager upon forms approved by the City AdmiaistTater 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 omor�wenty five ($25,000) 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 stun of Twenty five Thousand Dollafs { -5;888} amount set by ordinance, shall be let to the lowest responsible bidder after notice I 45990 26 09-2312/45990 Item 11. a Page 50 -1612- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Sari � Proposed Charter Language - March 23, 2010 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 than w tty-&e Thousand Do la s ($25 nm is below the amount set by ordinance, the City Council may declare and determine that in its opinion, the work in question may 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 weRty five Thousand Dollars (Q''�0) the amount set by ordinance may be let and purchases exceeding the s, of Twenty five Thousand Dollars ($25 nnm the aYnount 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. 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. 45990 27 09-2312/45990 -1613- Item 11. m Page 51 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str1� Proposed Charter Language - March 23, 2010 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, parrs, 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." " shall mean long lived eapital assets that normall stations,are stationary in natwe and nennally ean be presefved for signifioantly greater- number- ef years. , trees,sidewa4ks, bridges, street > ways.signa4s, stree4lights, bloek walls along after-ial high-ways, and all publie buildings and public lrAerest eamed on monies in the Fund shall accrue to that 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 aver-age perventage of general fund revenues utilized for infrastmetffe improvements and maintenanee, for the five (5) year pefiod of 1996 to 2001, is and was ° . Expenditures for infrastructure improvements and maintenance, subsequent to 2001, 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 45990 28 09-231295990 Item 11- - Page 52 -1614- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &rilcetl eugl Proposed Charter Language - March 23, 2010 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. 45990 29 09-2312/45990 -1615- Item 11. a Page 53 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &lwdweugl} Proposed Charter Language - March 23, 2010 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 punishable upon convietion by a fine not exeeeding Five 14tmdr-ed Dollars ($500) or-by i t for-a terni of not exceeding six menths or-by both sueh fin eaeh day that any such re-onfinues shall constitute a separate vielatio.n.. 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 45990 30 09-2312/45990 Item 11. - Page 54 -1 fa15- KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS SWkt4weugh Proposed Charter Language - March 23, 2010 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 freouentiy than every ten years. 45990 31 09-2312/45990 -1617- Item 11. m Page 55 April 27, 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? Item 11. - Page 56 -1618- 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 Tern— • 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 -1619- Item 11. - Page 57 • 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 Item 11. - Page 58 -1620- ® 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? 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 6 set above would have been greater. e What was the intent of the original Charter amendment? The actual language from the ballot measure is attached. Section 800 o 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? 4 -1621- ROM 11. - Page 59 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$8,800 to the cost. The City Council will ultimately make the determination as to whether there are specific Charter amendments that should go on the ballot as a separate measure. ® Who will determine the significant changes? The actual ballot language will be approved by the City Council. e Why should people have to go to the City Clerk's office to see the entire draft? In addition to being available in the Clerk's office, the full legislative draft and final copy of the revised Charter will be available online and can be sent to anyone who requests a copy. if there had been major changes proposed in the charter, it would be necessary to distribute the whole charter. But the commission determined that much of the charter is fine as is. For instance, the structure of the charter has been left undisturbed, and the most widespread changes are gender neutrality. While some proposed changes are quite significant, the voter does not need to read the whole charter to see their importance and direction. As with the report to the council, the commission has been completely transparent about what the changes are, and why they were proposed. All of this information will be presented to the voters as well. In a time of tight budgets, the commission believed that reprinting the entire charter for each voter would be a waste of public funds. Attachment: 2002 Ballot Measure FF— Infrastructure Fund Xc: Fred Wilson, City Administrator Charter Review Commission Members Raphael Sonenshein, Charter Review Commission Facilitator Jennifer McGrath, City Attorney Pat Dapkus, Department Analyst, Sr. 5 Item 11. - Page 60 -1622- SAMPLE BALLOT OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? NONPARTISAN BALLOT Orange County March 5, 2002 This ballot:stub shall be removed and retained by the voter. MEASURES SUBMITTED TO THE VOTERS MEASURES SUBMITTED TO THE VOTERS MNTINGTON BEACH CITY SCHOOL DISTRICT STATE To improve the quality of education,repair exr ®® �schools,replace 35 year old roofs and CH$IOPRACfORS U l.CM Yes + classroom heating and ventilation systems,t1=. LEGISLATIVE WfIATNE AMEND- provide studentaocessiomodemlachnokW, MENT.Amends Chiropmcfc Act to specify No + upgradedassroomelectrWandfirealamt'systems,repiaceMe- precbm cotwkft unprofessional conduct; riorahng water and sewer systems,and quality the District to re- requim imresNation of licensee in certain circumstances and 5- oeive,as available,.$18,70D.MD th state-matching funds slid the censa revocation second conviction,or multiple convictions, Huntington Basch School District issca'$30,0�,0�in bonds of specified insurance fraud offenses.Fiscal Impact Negligible ad- at interest rates wtNn legal funds,subject to a dtizen oversight ditkmai state implementation costs.Potential state savings of uncommittee and independent finandai auW. Worn amount resulting from lower workers compensation and Meacal ems. CITY OF HUNt1NGTON BEACH LEGISLATIVE TERM LIMITS. LOCAL Yes + property Rtghds Protection,Menswe.Shall Yes + 45 VOTER PETITIONS.INITIATIVE CONSTI U- EE the Charter of the City of Huntington Beach be TIONAL AMENDMMT.Allowsvoters to sub- No rmit their — + ameadedby�'rng a new seconn thereto pro- No + incumbentlegidataorrbrunnfforre-elediontUM to (s)and servemaxmumof the rice ortemuregarding� atooporcanale,lesh four years beyond terms provided for in Constitution't ofchangeprice o Property's sate,lease,rental Beach to approves.Fiscal Impact Unbnown county costs p turn ally or transfer,and piing 0 ng the City of Huntington ng the legislating or regulating the price or terms concerning the uptoseveral hundreds of thousands of dollars bienncaGysfatewide sale,lease,tentai,exchange ortransfer.of property(for example, to vanity voter petition signatures:little or no state cost to trade the by the adoption of a rent control ordinance)? etigbitity of re-election canddates. COUNTY OF ORANGE CmIlm of infrastructure Fund Shall the Yea + FF Huntington Beath Charter be amended to es- Shall the measure entitled°County of Orange Yes + fattish an Infrastiudkre Fund'with all infra- No + V Proposed Charter,which would result in Or- st ucture revenues raised, and accrued ange County becoming a charter county and pip + interest,directed into the Fund;prohibiting the transfer or loan of chariging the method of selection when a Fund monies;requiring that General Fund expenditures for infra- vacancy occurs in the Board of Supervisors,be adopted? structure not be reduced below,15%of General Fund revenues basedotafrve-yescroll'ngaveraga;and requiring thatCityCouncil designateanadi�sr' boardtoamhualyreviewandaudittheinfra• Shall the initiative measure; 1) eliminating Yes ;+ structure Fund? W plermed airport uses atthe dosed E[Toro Ma- rine Corps Air Station(MCAS ElTord)by is. No + y Vote Only. Infrastructure Fund. Yes + pasting thfeasure A.and 2)amending the poplantUdlNy7ax Should ltieUtllityTax Orange County Getreral Plan to authorize ov urban regional park �� paidsoleibyan electricpowerplotbe"placed + and a variety of agricufiurel,materiel recovery/ ,rear ational,cultural,educational,employment pubtica�ing land Into an Infrastructure Fund to be used only,for uses et MCAS la Toro,be adopted? the maintenance,construction and repairof infrastructure such as storm drains,storm water pump stations,alleys,streets,highways, cuubs and gutters,skiewa&s bridges,suesttreas,landscaped me- dians,parics,beach facilities, grounds,traffic signals,Street Aghts block watts along arterial h gi ttways and all public buildings and public ways? .. Amendment of Gas Tact by Removing Eleo- Yes + trio Power Plant Exclusion.Shall the o* HH nance repealing the Gas Tax exclusion for + electric power plants be adopted? No ii I i; I� 30-EO07 E 30-E354r E it .TURN CARD OVER TURN(CARD OVER i l 30-SB2"' -1623- Item 11. e Page 61 i FULL TEXT OF MEASURE FF IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE FF ! Section 617 of the Charter of the City of Huntington Beach is hereby added ANALYSIS to read as follows: This measure,R approved by the voters,would add a new Section 617 to the Section 617. INFRASTRUCTURE FUND Charter of the City of Huntington Beach,to create what is called and defined (a)All revenue raised by vote of the electors or imposed by vote of the as the"infrastructure Fund." City Council on or after March 5,2002,by a measure which states that the This measure: 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 . States that all revenue raised by vote of the electors or imposed by vote "Infrastructure Fund" The term 'Infrastructure" shag mean long-lived of the City Council on or after March 5,2002,by a measure which states capital assets that normally are stationary in nature and normally can be thatthe revenue to be raised is forthe purpose ofinfrastructure,shalt be preserved for significantly greater number of years.,They include storm placed in a•separate fund entitled"Infrastructure Fund" drains,storm-water pump stations, alleys,streets,highways,curbs and Defines the term"Infrastructure"to mean long-lived capital assets that gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach normally are stationary in nature and normally can be preserved for facilities,playgrounds,traffic signals,street lights,block walls along arterial significantly greater number of years, such as and including storm highways,and all public buildings and public ways. Interest earned on drains,storm water pump stations,alleys,streets,highways,curbs and monies in the infrastructure Fund shall accrue to that account. Monies in gutters,sidewalks,bridges,street trees,landscaped medians,parks, said Fund shall be utilized only for direct costs relating to infrastructure beach facilities,playgrounds,traffic.signals,street lights;block walls Improvements or maintenance,including construction,design,engineering, along arterial highways,'and all public.buiidings and public ways. project management, inspection, contract administration and property . provides that all interest earned on monies in the Infrastructure Fund acquisition. . Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. shall accrue to that account. (b) Revenues placed in the Infrastructure Fund shall not supplant • States that monies in the Infrastructure Fund shall be utilized only for exlsting infrastructure funding. The average percentage of general fund direct costs relating to infrastructure improvements or maintenance, revenues utilized for infrastructure improvements and maintenance,for the including construction, design, engineering, project management, five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for inspection,contract administration and property acquisition. infrastructure improvements and maintenance,subsequent to 2001,shall States that monies in the Infrastructure Fund shall not be transferred, not be reduced below 15%of general fund revenues based on a five-(5) loaned or otherwise encumbered for any other purpose. year rolling average. States that revenues placed in the Infrastructure Fund shall riot (c)The City Council shall by ordinance establish a Citizens infrastructure supplant existing infrastructure funding. Advisory Board to conduct an annual review and performance audit of the , States that the average percentage of general fund revenues utilized Infrastructure Fund and report its findings to the City Council prior to for infrastructure improvements and maintenance,for the five-(5)year adoption of the following fiscal-year budget. period of 199610 2001;is and was_14.9°/6;and then further states that ARGUMENT IN FAVOR OF MEASURE FF expenditures for lnfrastructure improvements and maintenance, subsequent to 2001,shall not be reduced below 15%of general fund This Measure guarantees that 15%of all general fund revenues will be revenues based on a live(5)year rolling average. spent on infrastructure improvements.This Measure also provides that a • Directs the City Council to, by ordinance, establish a Citizens citizens committee will conduct an annual review and performance audit of Infrastructure Advisory Board to,conduct an annual review and the,fund,-thereby furrier guaranteeing that these funds will be spent on performance audit of the Infrastructure Fund and to report its findings to infrastructure and nothing else.A yes vote will cost you nothing.It will the City Council prior to adoption of the following fiscal-year budget. however guarantee an allocation of ongoing income to infrastructure. CONCLUSION Few cities in the United States have addressed their infrastructure issues. Huntington Beach has addressed this issue through a 60-citizen This measure, if approved by the voters;would change existing law by Infrastructure committee.It is the recommendation of that citizens committee adding a new section to the City's Charter creating the Infrastructure Fund. that this Measure be passed so we will adequately fund our future s/GAIL HUTTON,City Attorney infrastructure needs.A yes vote on this Measure will help fund streets,curbs, sidewalks,gutters,and storm drains.Vote yes on Measure FF. st Pam Julien Houchen,Mayor,City of Huntington Beach s/Debble Cook,Mayor Pro Tam,City of Huntington Beach ARGUMENT IN FAVOR OF MEASURE GG s/Connie Boardman,.Council Member,City of Huntington Beach A yes vote on this advisory measure will send a message to the City Council 61 Shirley Dettloff,Council Member,City of Huntington Beach thatthecitizenswanttheproceedsfromtheutilitytaxontheAESPlanttobe at Peter Green,Council Member,City of Huntington Beach spent toward meeting the city's infrastructure improvements needs. No argument against this measure was submitted. A 60-person citizen committee recently completed a 27-month study on how Huntington Beach can address'our infrastructure needs.Infrastructure IMPARTIAL ANALYSIS BY CITY ATTORNEY includes local sewer and drainage systems, streets, curbs, gutters, sidewalks,parks,beaches,and public alleys. MEASURE GG Huntington Beach is one of the few cities in the United States toaddress this CITY OF HUNTINGTON BEACH problem in a comprehensive manner.The citizen report shows that the ANALYSIS financial need for infrastructure improvements and maintenance is real. This need-for new revenue is due,in part,to the past actions of our State This measure is an advisory measure only. The City Council is not bound Government, beginning.in 1993, and continuing to the present day, of by the results of the vote whether such vote is either for or against the annually diverting $7,000,000 of City property taxes to fulfill State measure. Government responsibilities. This measure poses the question of whether the utility tax paid solely by an Lets all pull together to ensure that our infrastructure system(the heartbeat electric power plant should be placed into an Infrastructure Fund to be used of Huntington Beach),which we all rely on in our daily lives,is adequately only for the maintenance,construction and repair of infrastructure such as funded to meet the community's present and future needs.Together,we storm drains,storm water pump stations,alleys,streets,highways,curbs can build a healthy community!Vote yes on this advisory measure. and gutters,sidewalks,bridges,street trees,landscaped medians,parks, s/Pam Julien Houchen,Mayor,City of Huntington Beach beach facilities,playgrounds,traffic signals,street lights,block walls along s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach arterial highways and all public buildings and public ways. s/Ralph H.Bauer,Council Member,City of Huntington Beach CONCLUSION s/Shirley Dettloff,Council Member,City of Huntington Beach This measure would have no effect on existing law and would operate as an s/Peter Green,Council Member,City of Huntington Beach advisory vote only. No argument against this measure was submitted. 30-fg Item 11. o Page 62 -1624- 5/3/2010 RECEIVED AS PUBLIC RECORD FO COUNCIL IF ET OF cQp�RK FO F�ICE I L.FL CLERIC Charter 'Revisions Sections 617 and 614 What has happened to infrastructure 2000 to 2010? Michael Siersema-Tom Herbel -John McGovern - Billy O'Connell - Pat Spencer-Jack I<irkorn - George Rivera INFRASTRUCTURE--" - Background ® Section 617 approved by voters 2002 15%of general revenue will be directed to infrastructure maintenance and improvement Measure FF Creation of Infrastructure Fund 21,314 / 57.6%Yes votes 15,667 / 42.4% No votes o City classifies debt servicing as part of the infrastructure maintenance in 2004 ® Public Works Commission has sent repeated letters and communications to the city and council members since 2004 on the issue of Debt Servicing 1 5/3/2010 INFRASTRUCTU Debt Servicing Impact • Currently $6.3M debt servicing • Infrastructure Maintenance and Improvement • Public Works • Community Services 23.9%of Infrastructure Spending • Library Services is Debt Servicing in FY2009/10 • Information Services • CIP/CIR Fund FY2005106 FY 2006107 FY2007/08 FY2008109 FY 2009l10 Public Works 17,603,393 15,516,353 16,367,708 17,938,805 17,678,927 Community Services 1,755,592 2,133,081 2,347,809 1,944,167 1,980,030 Library S—es 72,873 76,503 138,766 215,887 254,265 Inlomlatlon S—es 112:060 182,264 432,414 173,789 185,129 CIP/CIR Fund 4,662,774 893.314 8665 723 234267 - DebtS—ce 6,916682 6,904,850 fi,306,800 6,304,312 6,312,000 TOTAL 31,123,374 25,706,365 26,459,220 26,811,227 26,410,351 _ INFRASTRUCTU �----- Debt Service is a fixed expense • Bond holders are paid annually based on fixed numbers • Debt Service was $3.16M in FY2000/01 • Increased to $5.45M in FY2003/04 • Rose to peak of$6.98M in FY2004/05 • Infrastructure maintenance and improvement funds rise and fall with the city's total revenue 2 5/3/2010 INFRASTRUCTURE----`-` UCTU Public Works Dollars 2001-2010 ® Total Public Works Dollars Spent or Projected = $ 158,946,000 ® Total General Fund Infrastructure Debt Servicing Spent or Projected = $ 55,463,000 34.9%of Public Works Dollars went to Debt Servicing INFRASTRUCTURE-` Arterial Maintenance 2004-2009 ® 4ao Lane Miles ® 71.9 Lane Miles Rehabilitated in past 5 years ® Represents only 17.1% of Arterial Lane Miles ® Should be 15%per year to meet 7 year goal! 3 5/3/2010 INFRASTRUCTU Roads are not the only thing • HB has a significant increase in sidewalk/curb repairs from trees to be addressed • Drainage repairs and refurbishment of the pump stations (30 year life cycle now running for 50 years!) • So what are we going to do with block walls? • Alleys? • Parks and other public access buildings? • Banning Library? INFRASTRUCTU HB Current Financial Crisis • Public Safety is JOB ONE • Dedicated support groups with vested interests • Infrastructure is next important item • No one advocates and is always easiest to cut • People only complain when it is broke 4 a or damaged g • Preventative maintenance is cheap • Rehabilitation is expensive • What impression is HB leaving visitors if �u� our streets are filled with pot holes? "I'll gladly pay you Tuesday 7, for a hamburger today" 4 5/3/2010 INFRASTRUCTURE---` UCTU Section 614 • Currently language requires any work project exceeding $z5,000 must be sent to a formal RFP process • Current state law has that limit over $ioo,000 • We have between 3-10 projects per year in this group • As a contractor the minimum cost to me for a RFP is $5,000 and HB spends about the same • Changing limit to ordinance will generate a projected annual savings of$30,000 to $100,000 5 P Tom"� -� S���-., • � � /� ��: � . _ -- � _�� ... -F,.,;\, 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 11—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. 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 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. 2 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., 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 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 Vll—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. 4 Charter Review Commission Final Report 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 ubiic 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 Lugar, Robin From: Dapkus, Pat Sent: Thursday, April 29, 2010 8:43 AM To: CITY COUNCIL; City Clerk Agenda Subject: Charter Review Q &A Attachments: Council Charter Q &A- Updated 4-29-10.doc One of the Commissioners has brought to my attention that the response to the Question on Section 612 (Measure C) is missing in the Charter Chairs response memo. The corrected report is attached. Below is the response to that question. 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. Pat Dapkus, Administrative Analyst, Sr. City of Huntington Beach (714) 536-5579 (714)536-5233 (Fox) Save A Tree-please don't print this unless you really need to. 1 April 30, 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 0 Why don't we just put down what the Council gets rather than the $175 + benefits? 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 o 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-today 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 ® 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 • 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 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 Page 1 of 2 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, May 03, 2010 12:33 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#5151 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Vincent Latora Description: I spoke before the City Council recently in support of Councilman Dwyers efforts to remedy the serious dilapidation of structural elements and also inattention to dangerous traffic conditions in the "out of sight-out of mind" areas of the City. It is my understanding that funding to infrastructure maintenance, which was voted on and approved by the citizens, has been undermined and bled away in part to supplement the perceived needs which are continually brought to the table by other departments. I seriously doubt that any Council members live in the areas of which I allude to. I will be happy to give email responses to those Council people who have an interest in all residents of Huntington Beach and for their safe and equal rights of access to their properties through the infrastructure of the neighborhoods in which they live. I can direct you to some of these existing neighborhoods in Northeast H.B. where you can see the results of extremely poor City maintenance and increased cut-thru traffic so that you may imagine yourself living year in and year out with these conditions for you and your family. Councilman Dwyer has taken this tour. I urge you all to support Councilman Dwyer in his efforts to make the infrastructure budget whole and to right the injustices exacted on many residents by those who would deplete the budget for what ultimately amounts to favorable gain and neglect of certain areas in the City.. The Planning and Building Departments have done an excellent job to move this City through the decades, however, other departments have not necessarily been able to follow, by budget, choice or ability, that good example. The inefficiencies in non- maintained infrastructure which has fallen into disrepair and the resistance to thoroughly address the ever-increasing traffic loads cutting through neighborhoods creates a plethora health and safety issues that are not deserved by the residents which live in these areas. Once again, I urge you to support Councilman Dwyers efforts. I will look for those Council persons who have an interest to email me with their queries. 5/3/2010 Page 2 of 2 Best Regards Vincent Latora Expected Close late: 05/04/2010 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 5/3/2010 4/12/2010 CHARTER REVIEW COMMISSION PROPOSED REVISIONS TO THE CITY CHARTER Ij CITY COUNCIL STUDY SESSION APRIL 19, 2010 Commission Members: Dick Harlow,Chair Gary Kutscher Shirley Dettloff,Vice Chair Joe Shaw op R Jerry Bame ay Silver > Ralph Bauer Sharie Sneddon Tim Mark Bixby Stuart Patrick Brenden Dave Sullivan (D Gregory Harnett Shane Whiteside 4j Marijo Johnson Facilitator: Professor Raphael Sonenshein,CSU Fullerton Staff. Pat Dapkus,Administration Dept.,Admin. Analyst,Sr. 21 Item Page 1 4/12/2010 a In April of 2009, the City Council approved the creation of a Charter Review Commission to be made up of 15 citizen members; seven individually appointed by each of the City j Council Members and eight appointed by the j City Council as a whole. ® Diversity of the commission members Oki .P10 • Met twice monthly • Meetings were open to public with public , comments, staff input, every member participating, straw votes taken and at the last two meetings final votes were taken. 3 Several sections were believed to have high jpublic interest and public forums were held so that the public could fully participate. Those topics were: a. Whether to directly elect the Mayor and ® whether to appoint the three elected department heads. �Ft b. Whether to add a prevailing wage requirement to the Charter c. Proposed changes to Charter Section 612 (Measure C) �4 2 Item e Page 2 4/12/2010 0 rn ARTICLE II — Form of Government The Commission is recommending that the form of government be changed from Council-Administrator to Council- Manager is ARTICLEAH---Eler-ted-Offices- Considered Directly Electing the Mayor Added the Mayor's rotation from City Council Resolution 6320 with five (5) year interval between serving as Mayor and 2nd term as Mayor Pro Tem ■ Considered appointing rather than electing the City Attorney, City Treasurer, 8s City Clerk Strengthened the qualifications for the City Attorney, City Clerk, &, City Treasurer to add: i • More education, • Management experience, and • Appropriate certification 6 3 Item Page 3 4/12/2010 ARTICLE IV - Appointed Offices & j Personnel SECTION 400 - City Manager . 400(a) Eliminated the requirement for the City Council to approve appointing or firing a department head. j 44 p j SECTION 403 - Personnel j H403 Improved the City Manger's ability to be j the team leader of both elected and appointed ! ! ! department heads; requiring them to assist and cooperate with the City Manager in administering the affairs of the city. 171 0) z ARTICLE V - Ordinances & Resolution ! jl Eliminated the need to do a second reading of city ordinances by title. Added 120 day expiration on emergency ordinances ® Added use of current technology for 44 publishing legal notices ICI s 4 Item - Page 4 4/12/2010 I ARTICLE VI - Fiscal Administration ilk Section 612 - Public Utilities, Parks, & Recreation - Measure C e The Commission is recommending that the amount triggering a Measure C vote be increased from $100,000 to $16 1,000 and indexed to the L.A./O.C. Regional Consumer Price Index (CPI). Charter Section 612 - Measure C (continued) Added the following exemptions to a Measure C vote: above ground public works utility structures under 3,000 square feet, public works underground utility structures if park or beach use is not impeded, any city public works construction, maintenance or repairs mandated by state or federal law that do not negatively impact recreational opportunities, and a renewable energy projects that do not negatively impact recreational opportunities 101 5 Item Page 5 4/12/2010 ® Charter Section 612 - Measure C (continued) > j To capture the intent of the minute action j taken by the City Council on July I I, 1994 j WR Section 612(b) was amended to add that the „ J public vote occur: "after appropriate environmental assessment, Cd conceptual cost estimate, and reasonable project description have been completed and widely disseminated to the public. bi CD 11 a- ARTICLE VI - Fiscal Administration Section 617 - Infrastructure Fund The Commission is recommending modified language for this section of the Charter to: Z ° Exclude debt service upon adoption of the 2015/2016 Fiscal Year budget, and ■ Enhance the role of the Citizen Infrastructure Advisory Board, 112 6 Item - Page 6 4/12/2010 GENERAL REVISIONS: Minor revisions were made throughout the j 1 1 Charter to update terminologies, to accommodate the way we communicate with the public using current technology, and to I 1 allow for changes into the future. ® Several areas were amended to remove fixed 4 I i dates or dollar amounts and to allow the City Council to set these either by ordinance or resolution. 1 113 I I Ballot Measure Recommendations: ■ Single Ballot Measure (Cost Estimate, $10,400) ■ Noting significant Charter changes in the ballot description I '1 ■ The Legislative Draft of amendments would be available on file in the City VClerk's Office � I I !14 7 Item m Page 7 4/12/2010 z O OTHER RECOMMENDATIONS: In the course of taking public testimony on the 1 1 Charter, the commission also received recommendations that the Commission felt were not appropriate for inclusion in the City VCharter but which warranted forwarding to the j w i City Council for policy consideration. The following items fall into this category. 15 HIt was suggested: --- ■ 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 O Requiring project applicants to submit their V construction cost estimates to Public Works for aI review and pay an associated fee • The city developing a procedure for an �i independent cost estimate to determine if a w ! ! public or private project would require a Measure C vote. O j 116 S Item - Page 8 4/12/2010 00 U) ® - �' �t was f_arthor stitgges�tecl I ie That the city develop a process for notifying the public whenever there is a city-owned or city- W 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). When this 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. It was also suggested that the City Council consider ® placing any major General Plan amendment on a ballot for citizen approval. ' The Charter Review Commission Members �t r I I Back Row kfro m the left): Mark Bixby,Dave Sullivan,Greg Hartnett,Shane Whiteside,Tim Stuart, ay Silver,Joe Shaw,&Jerry Bame Front)R w: Sharie Sneddon,Shirley Dettloff,Dick Harlow,Marijo Johnson,Gary Kutscher,& i Patrick renden(Ralph Bauer missing) I II8 9 Item - Page 9 y :®. �,0Z 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 11—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. (teen - Page 10 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 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. 2 Item - Page 'I'I 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-eWeled-, heweve6 that once inGluded within the system, no effiGer-er empleyee shail 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 Item - Page 12 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 VIII—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. 4 Item - Page 13 Charter Review Commission Final Report 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 Item - Page 14 KEY INSERTIONS: Bold 14 pt. font, Double undffLine DELETIONS &qg4ethrexg� Proposed Charter Language - March 23, 2010 CITY OF HUNTINGTON EACH CITY CHARTER 11N 0 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 .5/1/5 0 New Charter..................................................................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/78 45990 09-2312/45990 Item - Page 15 KEY INSERTIONS: Bold 14 pt. font, D u le underline DELETIONS Proposed Charter Language - March 23, 2010 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised..............................................................�/ 1�® 45990 2 09-23 12/4 5 990 Item e Page 16 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &6l Proposed Charter Language - March 23, 2010 CITY CHARTER TABLE OF CONTENTS ARTICLE I.INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102.Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II.FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III.ELECTIVE OFFICES Section 300. 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 45990 3 09-2312/45990 Item - Page 17 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Stfi c erg Proposed Charter Language - March 23, 2010 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 VIIL MISCELLANEOUS Section 800. Transition Section 801.Definitions Section 802.Violations Section 803. Property Rights Protection Measure Section 804. Charter Review 45990 4 09-2312145990 Item e Page 18 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Proposed Charter Language - March 23, 2010 Fellevvifig is a motion adopted by the City Couneil en Adyll, 1994. inelusion of this fnetion on this page e „ „ 45990 5 09-23 2 2/45990 Item - Page 19 KEY INSERTIONS: Bold 14 pt. font, D ub e underline DELETIONS et#rexgt Proposed Charter Language - March 23, 2010 CHARTER We the people of the City of Huntington Beach, State of California believe fiscal res onsibility 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 lust 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. 45990 09-2312/45990 Item m Page 20 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Sil�eeur Proposed Charter Language - March 23, 2010 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 II FORM OF GOVERNMENT Section 200. COUNCIL ADMINISTRATO MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administr-atef 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. 45990 7 09-23 1 2/4 5 990 Otero - Page 21 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 84ik a ou,n b Proposed Charter Language - March 23, 2010 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. 45990 $ 09-2312/45990 Items - Page 22 KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS Sti4 -fie , Proposed Charter Language - March 23, 2010 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 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 45990 9 09-2312/45990 Item - Page 23 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS c�.-i'i�A1]C�h b Proposed Charter Language - March 23, 2010 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 Couneil shall also designateone r its Gotmeil. 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. 45990 10 09-23 t 2/45990 Item s Page 24 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS tr-i s Proposed Charter Language - March 23, 2010 (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 Temnore. (2) If any member declines their term as it arises in rotation, that member shall remain in the same Mace 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 ^dfni istf tar 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 Admiffistfa Manager solely through the City ^dmiaistr for Manager, and no member of the City Council shall give orders to any subordinate of the City ^an mist---ate 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 45990 11 09-2312/45990 Item - Page 25 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 94ike� Proposed Charter Language - March 23, 2010 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. 45990 12 09-2312/45990 Item - Page 26 KEY INSERTIONS: Bold 14 pt. font, D u le underline DELETIONS Stfi�b Proposed Charter Language - March 23, 2010 (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 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 boobs records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books 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 and 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 45990 13 09-2312/45990 Item - Page 27 KEY INSERTIONS: Bold 14 pt. font, Dauyie underline DELETIONS &rik -n b Proposed Charter Language - March 23, 2010 and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (i) 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. The minimum quali-16cations fef the pasitien of City GledE shall be three years of relevant w (12 ) Section 311. CITY TREASURER. POWERS AND DITTIES. 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. 45990 14 09-2312/45990 Item m Page 28 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &tiket-braegll Proposed Charter Language - March 23, 2010 (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 Administfatef 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. (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 Administfate and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. !f1 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 45990 15 09-2312/45990 Item - Page 29 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Sty n b Proposed Charter Language - March 23, 2010 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 Adrninistrater 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 ADMINISTRATO MANAGER. COMPOSITION, `PERM, ELIGIBILITY, REMOVAL. (a) Composition. There shall be a City AdministfatofManager who shall be the chief administrative officer of the City. (b) Term. The ^am mist at 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 Administfatof City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge 45990 16 09-23 1 2/4 5 990 Item - Page 30 KEY INSERTIONS: Bold 14 pt. font, Double unde ine DELETIONS gtfil g Proposed Charter Language - March 23, 2010 of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City Admi rater Manager or Acting City Administfatef 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 Adfflinistf4ef 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 Admirrist 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 ^dtninist,.^te 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 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 Administral 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 ^,1., inist,.^tef City Manager from duty, but his 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 administfatefManager 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 Administr­ 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 Administr 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. Howevef, ne ,lepaftm t head shall be appointed c- .e..,. .ed until the City Administ-fater- shall first have feviewed sueh appointment Of!removal with the City f, l City Coidneil (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. 45990 17 09-2312/45990 Item - Page 31 KEY INSERTIONS: Bold 14 pt. font, D u le underline DELETIONS SEA# Proposed Charter Language - March 23, 2010 (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, except thew difeetlyappointed by the City Cetme•l and prescribe such general rules and regulations as he may deemed necessary or proper for the general conduct of the administrative offices and departments of the City under his their jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY ADAHNISTRATOR MANAGER. During any temporary absence or disability of the City na, :,,;s*ra*er Manager ^the '�' *� am:n:s*-a+er shall sefve Administrator-, and the Assistant r ity Administrator-, the City ^-',,, stfater Manager shall appoint one of the other officers or department heads of the City to serve as Acting City ^dmin:s*,.,te Manager. In the event the City AdminisirateT 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. 45990 1$ 09-23 1 2/4 5 990 Item - Page 32 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Stfi� Proposed Charter Language - March 23, 2010 The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City 1Vlana= Ad tfater--Tssis acA Git- "aministr^*e=— 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., provided, however-, that onee ineluded withi the system, no effieef or- effiployee shall be withdr-awn thefeffem (unless the effiee of pesitien is elee-tien-by a-majority ofthe voters voting on eh r sitien. 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 and second reading, an ordinance shall 45990 19 09-2312/45990 Item - Page 33 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS StTi�, Proposed Charter Language - March 23, 2010 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 sho --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. 45990 20 09-2312/45990 Stem - Page 34 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Str4, Proposed Charter Language - March 23, 2010 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 emergeney ordinance shallee�1 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 rain july 1 to itme 30 „nles other-wise established by er-din nee as set forth by resolution of the City Council. Section 601. ANNUAL, BUDGET, PREPARATION BY THE CITY ADAIINISTRATO MANAGER. At such date as the City Administratef Manager shall determine, each board or commission and each department head shall furnish to the City Administfatof 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 Administfatef1Vlanager. In preparing the proposed budget, the City n dm finis+, 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 Administi, Manager shall submit the proposed budget to the City Council at least six-ty 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 45990 21 09-23 1 2/45 990 Stem; - Page 35 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 84i3� Proposed Charter ]Language - March 23, 2010 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 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 AdministratefManager 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. 45990 22 09-2312/45990 Item 4 Page 36 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS tr4 a,R Proposed Charter Language - March 23, 2010 (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. 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. 45990 23 0 9-2 3 1 2/4 5 990 Item - Page 37 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS &16 g1 Proposed Charter Language - March 23, 2010 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. 45990 24 0 9-2 3 1 2/4 5 99 0 (teen - Page 38 KEY INSERTIONS. Bold 14 pt. font, D u ie underline DELETIONSilfeteugl} Proposed Charter Language - March 23, 2010 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 $100,000.00 $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 I_,os A.nggles-l2iverside- 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 aboveground public works utility structures under 3,000 square fm 4) to underground public works utility structures if park or beach use is not impeded: 45990 25 09-2312/45990 Item - Page 39 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS Stfi� Proposed Charter Language - March 23, 2010 (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. (12/7t90) 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 Administfatef Manager upon forms approved by the City Administfator 1Vlanager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure omore than Twenty five Tl.,,.,sand Dollars ($25,000` 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 sum of T.<,epAy rive Thousand D "^r^ �} amount set by ordinance, shall be let to the lowest responsible bidder after notice 45990 26 09-23 1 2/4 5 990 Item a Page 40 KEY INSERTIONS: Bold 14 pt. font, Doubt underline DELETIONS Str-�� Proposed Charter Language - March 23, 2010 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 than Twenty five-Thousand Da'a ($25 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 f;. Thousand Dollar-s ($25,000) the amount set by ordinance may be let and purchases exceeding the sum of Twenty five Thousand Dollars ($25 nnm 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. 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. 45990 27 09-23 1 2/4 5 990 Item - Page 41 KEY INSERTIONS: Bold 14 pt. font, Doub e underline DELETIONS 94ik e a Proposed Charter Language - March 23, 2010 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 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." " They inelede storm drains, stefmvNuter- pump statieiis, alleys—, streets-, highways, eu , ways.signals, stfeeflights, bloek walls along after-ial highways, and all publie buildiiigs and piublie 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. In (b) Revenues placed in the I ffastraettire Fund shall not suppla,4 existing infr-astfuetu and maintenance, Qr- the five (5) year period--e€-1996-te 2081,-i� and was-1T:�%.- Expenditures for infrastructure improvements and maintenance, sul3sequent-t-- 2881, 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 45990 28 09-2312/45990 Item - Page 42 KEY INSERTIONS: Bold 14 pt. font, Double underline DELETIONS 84ike� Proposed Charter Language - March 23, 2010 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. 45990 29 09-2312/45990 Item - Page 43 KEY INSERTIONS. Bold 14 pt. font, Double underline DELETIONS S'����i' i Proposed Charter Language - March 23, 2010 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 end shall be punishable upon eanviefien by a fine not exeeeding Five Htmdred Dollars ($500" of by impfisonment for- a teffa of not emeeeding six months of by both stieh fine eaeh day that any sue.h.violation eonAinues shall eofistittAe a separate violation. 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 45990 30 09-2312/45990 Item - Page 44 KEY INSERTIONS: Bold 14 pt. font,Double underline DELETIONS £wiles Proposed Charter Language - March 23, 2010 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. 45990 31 09-2312/45990 Item - Page 45 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 II.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 45986 C-1 jrn/kc Item a Page 46 CITY OF HUNTINGTON BEACH CITY CHARTER .--- _ Ui tl 9 + 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...................................................................5/9/4 9 Revised............................................•-•-----....-----....----.............5/1/50 NewCharter..................................................................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 09-2312/45986 Item - Page 47 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II.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 45986 C-1 J m/kc Item - Page 48 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 45986 C-2 J rn/kc Item - Page 49 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. 45986 C-3 J m/kc Item m Page 50 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 45986 C-4 jm/kc Item - Page 51 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 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 45986 C-5 j m/kc Item - Page 52 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 TEMPORE. 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. 45986 C-6 jm/kc Item - Page 53 (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 . ectly 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, 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. 45486 C-7 jm/kc Item a Page 54 (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. 45986 C-8 J m/kc Item - Page 55 (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. 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 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. 45986 C-9 jm/ke Item - Page 56 (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. 45986 C-10 j m/kc Item - Page 57 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 DUTIES. 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:. 45986 C-1 I jm/kc Item - Page 58 (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. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITE' 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 45986 C-12 ,J m/kc Item - Page 59 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. 45986 C-13 j mlkc Item m Page 60 (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 foIIowing, 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. 45986 C-14 jm/kc Item Page 61 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. 45986 C-15 jm/kc Item a Page 62 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. 45986 C-16 jm/kc Item - Page 63 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. 45986 C-17 jmlkc Item a Page 64 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 45986 C-18 j m/kc Item - Page 65 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. 45986 C-19 j m/kc Item - Page 66 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 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. 45986 C-20 jm/kc Item - Page 67 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. 45986 C-21 jm/kc Item a Page 68 (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 45986 C-22 j m/kc Item - Page 69 (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. 45986 C-23 jm/kc Item - Page 70 November 12, 2009 To: Members of the Huntington Beach Charter Reform Commission From: Raphael Sonenshein, Consultant Subject: City Administration In the council-manager form of government, policy is in the hands of the city council and administration is under the control of an appointed city manager. In the classic council- manager city, the manager hires and fire department heads, prepares the budget for council approval, and manages the day-to-day operations of the city government. The council is forbidden to interfere with city administration. The council, by majority vote, can remove the city manager at any time. Naturally, cities like to experiment. The pure form of the council-manager form gets tweaked into different versions. Some cities require the council to have a supermajority vote to remove the city manager. Other cities give the council the power to approve hiring and removal of department heads. But at the end of the day, what makes the position a real city manager is that the appointed official who holds that post can direct a coherent city government in response to policy set by the city council. Those who wanted to improve the mayor-council system, which was in competition with the council-manager system, proposed to create a CAO, a chief administrative officer. This CAO would have professional management skills, and would assist the mayor and council in implementing sound policies. In this way, mayor-council cities could have the best of both worlds: the electoral energy of the mayor-council system, with the management efficiency of the council-manager model. In 1951, Los Angeles voters narrowly adopted a measure to create a CAO, to assist the Mayor in developing policy and in managing departments. While CAOs have become reasonably popular in mayor-council cities, and in some cities without elected mayors, they are not the same as city managers. In the "council administrator" or "mayor-council-administrator" models of local government, the "role of the CAO can vary all the way from errand boy to competent administrator performing functions similar to those of a city manager." (Hogan, quoted in Ammons 2008) But because the administrator is unlikely to have the broad independent management authority of a city manager, it is a less imposing and often more frustrating job. No matter what one labels this position, those in the professional field of urban management read the charter and figure it out. For example, until its 2005 charter reform, Culver City had a city manager, at least on paper. Yet the charter dictated that Z/ /� ?/ /0 y `pia ) rz-:- � � � the city council directly hired and fired department heads. Culver City would get applications for the position from all over, until the applicants found out that it was really a council-administrator system. The pool got too small. So in 2005 voters expanded the role of the manager by vesting hiring and firing in the manager, and making the clerk and treasurer appointed. Now the post of city manager looks just like a real city manager. (For the ballot arguments for and against these changes, see the attached or link to http://www.smartvoter.org/2006/04/11/ca/la/measN/). Glendale also has a council-manager system, but department heads are protected by civil service. While the city manager has the principal role in appointing department heads, their civil service protection provides a limitation on the manager's ability to direct staff. Basically, a city has a city manager if the council appoints and removes the manager, and the manager has direct control of the day-to-day operations of the city government, including appointment and removal of department heads. Even if these roles are limited, such as by the council voting on the hiring and removal of department heads or by electing department heads like city attorney, clerk, and treasurer, this is still a city manager system. But this will be a city manager who is more limited in his or her ability to directly manage the city administration. Huntington Beach The Huntington Beach charter defines the city's form of government as council- administrator in Section 200: "The municipal government provided by this Charter shall be known as the Council- Administrator form of government." However, the roles and duties of the city administrator look similar to those that are standard with city managers: the appointment and removal of department heads, except those that are elected, the preparation of the budget, and the supervision of the city's administration. The label of council-administrator government may lead to a misunderstanding of the manager's role, and to the belief that the council should be involved in administration. Yet the charter itself has a clear non-interference clause: Section 307. NON-INTERFERENCE WITH ADMINISTRATION. "Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately." In my view, it would be better to revise the charter to label the system "council-manager" instead of"council-administrator" and then make choices about how to define the city manager's role. There are several areas of possible discussion issues for the city manager's role in Huntington Beach. First, while the provision that the council approve the hiring and firing of department heads is not unique among our comparison cities, it has the potential to undermine the manager's ability to supervise department heads. This is especially true of a council role in approving the removal of a department head, if such a person can build alliances on the council to prevent removal. Secondly, the election of the clerk, treasurer, and city attorney creates ambiguities in the manager's supervisory authority over day-to-day operations of the government. As these offices evolve, their relationship to other city departments (e.g., the Treasurer and the Finance Director) may change and some coordination must be provided by the city manager. If those offices are to remain elective, the Commissioners might consider placing language in the charter that explicitly defines those who hold these offices as members of the city administration team. An example can be found in the Fremont Charter: "It shall be the duty of all subordinate officers, and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the city." This language could be modified to read: "It shall be the duty of all department heads, whether elected or appointed, to cooperate with...." Finally, the city administrator/manager should have authority to create and present the agenda of council meetings. If there is any confusion about how items are placed on the agenda, they should be filtered through the manager's office. Sources: David N. Ammons. City Manager and City Administrator Role Similarities and Differences: Perceptions Among Persons Who Have Served as Both. The American Review of Public Administration, 2008; 38,1 (March): 24-40. Quoting J. B. Hogan, The Chief Administrative Officer. An Alternative to Council-Manager Government. Tuscon: University of Arizona, Institute of Government Research, 1976. See also: James H. Svara. The Shifting Boundary Between Elected Officials and City Managers in Large Council-Manager Cities. Public Administration Review, 59, 1 (Jan-Feb 1999): 44-53. Victor S. DeSantis and Tari Renner. City Government Structures: An Attempt at Clarification. State and Local Government Review, 34,2 (Spring 2002): 95-104. ATTACHMENTS: 1. Culver City Measure V April 11, 2006 Election Measure V Charter Revision City of Culver City 2,445 / 54.2% Yes votes ...... 2,067 /45.8% No votes See Also. Index of all Measures Information shown below: Impartial Analysis I Arguments Full Text ®iiiou�l Wormation ' Shall the Revised and �Deberia ser Adoptada la City of Culver City Reorganized Charter of the Modificada y Reorganizada Carta City Charter as Approved"in - City of Culver City, as set de Constitucion Municipal de la 1�979,Wit hhproposed,ehanJ.ges forth in the Proposed Ciudad de Culver City, segun se ('strike out version', b file; 49 Measure, be adopted? expone en la Medida Propuesta? pages) Impartial Analysis from City Attorney Carol City�C City saav lnffopouncil�Ca`�rrd�t add' a E Schwab te .. _.. _ . . Positions This City-proposed measure would substantially revise and News and Anallyso reorganize the Charter of the City of Culver City, which operates ; as a "constitution" for the City and gives it certain powers over ` Culver City Star/LEA municipal affairs under the California Constitution. After review , < 16depentlent and recommendation by the citizen Charter Review Committee, w ' the City Council directed the City Clerk to place the proposed � New Charter Draws Fire Charter on the ballot of the April 11, 2006, Municipal Election. Over.City Manager; 2/( 8/06) If a majority of those voting on this proposed measure approve it, the new Charter will become effective on July 1, 2006, or the date The Fro nt Paged accepted and filed by the California Secretary of State, whichever is later. If not approved by a majority, the existing Charter will Ftlwood.Respondsto � remain in effect. The substantive changes proposed are: -111'ke Claim (2/1°5/06) a 1. The form of the city s administration would change from the existing Council-Chief Administrative Officer form to a Council-City ' This elec#ion is'archived. Any Manager form of government. Currently, the Chief Administrative iainksto�sources outsideof.` . Officer exercises direction and control over the City's Smart Votermay no longer bej administration, subject to City Council direction. Under the active: No further links will be,` proposed Charter, y g yresponsible ;added to' is page; , the City Manager would be directly — -- - for day-to-day management of the City, with limited Council Links to sources ouside oft � . interference. Smart Vfer are proydedfor Currently, the Council appoints all department heads. The No�mation only anal doiot proposed Charter gives the City Manager authority to hire and amply endrsrnent � terminate all City employees, including department heads, except the City Attorney, Fire Chief and Police Chief whose positions k would continue to be hired and terminated by the Council. �� . 2. Currently, the Charter provides the City Clerk and City M Treasurer are elected offices, with duties outlined in the Charter. Effective April 8, 2008, the proposed Charter would authorize the City Manager to appoint the City Clerk and City Treasurer, with duties established by ordinance. 3. A Preamble is added to the Charter, setting forth the goals and u purpose of City government. 4. Under the Charter,proposed ro ��p p the department head positions of RK Community Development Director; Fire Chief; Parks, Recreation and Community Services Director; Police Chief; and Transportation Director would be removed from the civil service w ~x system. The City Attorney, City Clerk, City Treasurer and Public Works Director positions would remain outside the civil service system, as would the City Manager. .n 5. A section is added prohibiting the Council from interfering in some City operations, including performance of duties of City , employees. The Council could continue to give advisory information to assist the City Manager and to contact employees for information, to make inquiries and to advise about citizen complaints. 15 6. Operational aspects and policies for City government would be set by ordinance, instead of by Charter. These policies include < �� � m public works contracting, purchasing products and services, and K,� creating and abolishing commissions, boards and committees. 4 7. The proposed Charter would give the Council discretion to adopt an ordinance authorizing municipal elections conducted wholly by mail, cast in the same manner as absentee ballots. 8. The proposed Charter would allow the City's fiscal year to be established by ordinance of the Council, instead of by Charter. 9. The proposed Charter also simplifies archaic and ambiguous w language, adds definitions and reorganizes various sections. ,ArggMgnts For Measure.V 1 Arg_uments�Agaenst Measure V Culver City is a great city that deserves a great What is the problem? charter. Formed in 1917, Culver City has grown more than four-fold in area and 70 times in What's wrong with our city that we need to re-do population, yet the charter has not kept pace. its foundation? Our city is the envy of most other That is why the City Council appointed a 10- cities. Why change it? Once done, a new charter member committee to review the city charter. cannot be un-done without again re-writing the After 22 public meetings and extensive research, "constitution" of the city! the committee voted unanimously to adopt a new charter designed for the 21 st century that The people of Culver City have the right to make recognizes our city's unique qualities. choices. If this proposed new charter would be good for the city, they would give you a chance to The new charter makes government more select what you want. It is "all or nothing" because responsive. efficient. flexible and accountable. there are things in it that they know you won't like. Currently, department heads are appointed by For that reason alone, vote "No" on the proposed and accountable to the City Council. The problem new charter. for the dedicated employees who keep our city running is having five part-time bosses instead of This new charter will increase costs and will add a one full-time manager. It is easy to see why no whole new level of bureaucracy between the other charter city in the state operates this way. people and those doing the city's work. It will require more staff. It will also slow things down a The new charter places policy making authority lot, and will make it harder for people to get where it belongs. with the City Council. and day to answers from this new "top heavy" government. day management where it belongs. with a Who wants that? Professional city manager. This is the foundation of the new charter, from which all other elements Why put all the business of the city through one flow. The city manager will appoint and remove individual called the city manager? The city most department heads, including the clerk and should be run by the five council members you treasurer. The council will have greater flexibility select, not just one person. Why have the council to meet the changing needs of city residents. if you have a City Manager? The new charter will provide a clear chain of The City Clerk and the City Treasurer would be command and accountability. It will enable the appointed by the City Manager, NOT the people. City Council to focus on policy, which is what we You lose that right. The writers of this new charter elect them to do. It will make the city more have wrapped everything up in one package so competitive in attracting and hiring the top you don't get the chance to choose. management talent. The new charter is also clearer and more accessible for the public. So, you have the choice to buy the whole costly bureaucracy, or keep our great city running like it Culver City is at a crossroads. We can do better. is. Just do what we all are doing and vote "No" on This new charter for the 21 st century will ensure charter reform. "If it ain't broke, don't fix it!" the best possible government for all of Culver City's residents. Albert Vera, Mayor Vote yes on Measure V! Carol Gross, Council Member Alan Corlin, Member, Culver City City Council Alice Barricello, Commissioner Steven J. Rose, Member, Culver City City Council Barbara J. Silverstein Crystal Alexander, City Treasurer, City of Culver MReliuttal to Arguments against {4 City Don't let misleading arguments stand between us and a better future! Jessica Beagles-Roos, Member, Culver City Board of Education "What is the problem?" Andrew N. Weissman, Chairman, Charter Review It's the difficulty of attracting and retaining quality Committee management Professionals don't want to be _w,_ _—_ _ micromanaged by five bosses (would you?). They Rebuttat�to Arguments For € want a clear chain of command as in any How can our city be more "responsive, efficient, organization: Board of Directors (City Council), flexible, and accountable" if everything has to go CEO (City Manager), managers and staff. Our through a City Manager? That's the old style of unprecedented executive staff turnover in the last top down organization that often results in an four years says something is "broke." The new entrenched bureaucracy and discourages quick charter will fix it. action and a decisive response. "it is all or nothing." Current organizational thought centers around a "flatter" organization with emphasis on interactive Yes, and the "all" was refined by the charter teamwork and creativity. Likewise, our current review committee - your friends and neighbors - CAO form of government empowers our from the input you gave over the course of a year, Department Heads with more responsibility and in 20 public meetings and 2 council hearings. authority along with more autonomy and Your choices are what went into this charier, accountability. This is efficient and effective where all the pieces fit together as a government, rather than managers hired and fired comprehensive whole. at the individual whim of a City Manager without input from your elected Council Members. Even "A whole new level of bureaucracy." the Police and Fire Chiefs would no longer have Civil Service protection. Nonsense! A City Manager replaces the current CAO. It's that simple. There is nothing "top heavy" The code of ethics prevents Department Heads about it. In fact, there are huge gains in efficiency, from being active in political or electoral matters. productivity and responsiveness. Privately, they have definite opinions regarding the City Charter and how it impacts their ability to "Why.have the council if you have a City best meet the needs of the City's residents. Do Manager?" not mistake their silence on this subject as support for a change. Some may agree, others We elect our part-time council members to make may not, but you, the voters, should consider this: policy. We need their time and energy focused on One bad or marginal Department Head, or even a that. The City Manager's full-time job is to poor City Council Member will not ruin a City. A implement those policies. bad or marginal City Manager can. We have seen it in other cities. "The City Treasurer would be appointed by the City Manager.'° You elected the City Council to run our city. If you vote for this Charter Reform, you've assigned that And our City Treasurer believes it should be that responsibility to an employee you did not choose! way! It's a job requiring sophisticated financial knowledge. Why keep this management position Vote "No" on Measure "V"! as a popularity contest? Albert Vera, Mayor Vote yes on Measure V! Carol Gross, Council Member Gary Silbiger, Member, Culver City City Council Alice Barricello, Commissioner Edward M. Wolkowitz, Former Member, Culver City City Council Susan Deen, Commissioner Steven Gourley, Former Member, Culver City City John Montanio, Retired Police Chief Council Paul Jacobs, Former Member, Culver City City Council Edward C. Little, Former Member, Culver City City Council a Esparza, Patty From: Flynn, Joan Sent: Friday, April 16, 2010 4A5 AM To: 'mark@bixby.org' Cc: Esparza, Patty Subject: Re; charter revision 4/19 study session comments Mark -- I have received your comments and they will be included in the late communication packet for Monday night. Joan Joan L. Flynn, CIVIC Huntington Beach City Clerk ----- Original Message ----- From: Mark Bixby <mark@bixby.org> To: CITY COUNCIL Cc: Flynn, Joan Sent: Thu Apr 15 21:25:12 2010 Subject: charter revision 4/19 study session comments Hi city council (Cc: Joan Flynn), I'd like to bring a few things to your attention regarding the coming charter revision process. First, I'd like to strongly encourage that any substantive council or staff charter amendment proposals be submitted in writing in advance for inclusion into the regular agenda packet so that members of the public (and council and staff) can have adequate time to review the proposals before the meeting(s). While I was serving on the charter commission, there were a few times when staff would submit amendment proposals as late communications, sometimes at the very last minute in the form of memos available only a few minutes before the start of the meetings. Such very late communications, or major amendments proposed verbally for the first time after the meetings have begun, do not permit the kind of deep-thinking measured deliberation that is commensurate with the importance of charter revision. I made sure that all of my own major proposals were submitted in writing to the regular commission agenda packet. You can see all of my proposals at http://www.bixby.org/charter/. I'd be happy to answer any of your questions about any of my proposals which you might feel merit further examination by the council. It's important to get this charter stuff right. On more than one occasion the commission would straw- vote to approve language that upon further reflection at subsequent meetings didn't really meet the commission's voted intent and so had to be revised. Therefore while I realize the council's schedule is tight in order to meet the ballot submission deadline, I hope you will avoid having just a single meeting at which amendments are made, language is drafted, and then everything is submitted to the Y ballot all in one night. An introduction/adoption process similar to ordinances would be more prudent if time permits. I would like to respond to something in the 4/19 study session agenda materials. The impression is given that commission action incorporated the intent of the Measure C 1994 minute action into the charter. That is not accurate in my opinion as one of the commissioners who voted against that language. The incorporated language, while requiring mandatory action via charter, is much weaker than the original minute action language. Measure C has been weakened by this language and the additional new exemptions, and thus this part of the draft charter may attract some opposition from the broader community, particularly from the original proponents of Measure C. The council may wish to consider splitting off the Measure C changes, which truly stand alone from the rest of the charter, into a separate ballot item so that opposition to these changes does not sink the rest of the charter. Sincerely, Mark Bixby 17451 Hillgate Ln Huntington Beach, CA 92649-4707 714-625-0876 mark(a)-bixby.org Remainder of .sig suppressed to conserve expensive California electrons... 2 Fikes, Cathy From: CynthiaCrossPR@aol.com Sent: Monday, April 19, 2010 3:26 PM To: Fikes, Cathy Subject: To all councilmembers Dear Mayor Green and Councilmembers, Tonight you will be voting on whether or not to put a separately elected, full-time Mayor on the ballot. I strongly encourage you to vote AGAINST this change to the city charter for two simple reasons: 1. We do not need party line based elections in our city. There is absolutely nothing wrong with the system we currently have and it seems the absolute epitome of"government waste" and "overreaching" to spend time fixing something that is not broken, or trying to "improve" something that has not shown any measurable flaws, when we have so many other important issues on which our city leaders should be working. 2. The money and outside interests that will be brought into every city election will do nothing to make this city better. I understand the argument that having an elected mayor may be more"prestigious," but I don't agree. I think an elected mayor is more about the mayor than the city. It's a vanity position, gaining the elected mayor a higher profile in party politics, nothing more, nothing less. For Republicans, it's a chance to begin a bigger pig in the mudhole and draw more attention from the already GOP-heavy county players. For Democrats, it's the opportunity to infiltrate our election with lots of outside interests and union money from beyond our borders. Having a separately elected mayor will do nothing demonstrably positive for the city, but has some very definite and negative consequences. Yes, it will provide a more attractive platform for those hoping to make living off taxpayers a career, and yes, it will most certainly up the ante on campaigning. But, there will be unintended consequences also, like never again being able to look at the other six seats as non-partisan. I truly hope you will put the interests of the city and our residents above ego and vote no on this rather silly proposal. Sincerely, Cindy Cross Huntington Beach, CA D� �-� �Yyz/YI ui✓i C.ofi7?l�i�.� �� IV