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HomeMy WebLinkAboutCharter Revision Committee - Final Report to the City Counci k"1 I� CHARTER REVISION COMMITTEE FINAL REPORT TO THE CITY COUNCIL Section I The Charter Revision Committee Section II The Proposed Charter E Section III Position Statement e=► Gy a �r �.. ��.. Section I CHARTER REVISION COMMITTEE i�' 2 r, A i of Huntington Beach City 1�ir�n g • P.O. BOX ISO CALIFORNIA 92648 13 CHARTUR REVISION COMI TTEE r► October zS , 1977 The Honorable Mayor and City Council City of Huntington Beach n P. 0. Box 190 Huntington Beach, California 92648 Dear Mayor and City Council Members : Enclosed is the report of the Charter Revision Committee of the City of opt Huntington. Beach. This Committee gave Icareful consideration to questions about the present City Charter raised by the public, City staff, and Councilmembers. It benefited greatly from this input and could not have completed its task in the period of time assigned to it without such vital information from these concerned individuals. The mcmbership of the Charter Revision Committee represented a variety of viewpoints , reflecting Coutjcil 's effort to make it broadly represen- tative of the whole community. It also dealt with a number of controver- sial. issues. Despite these two facts , the Committee unanimously adopted and approved its final draft for the City Council. A synopsis of the Committee's actions is contained in the Position Statement which follows ra the final draft. Each of the .recommendations of this Committee emerged after careful stt±dy and consideration of subcommittees as well as full discussion by the 'en- tire Committee. . 7he Committee did not attempt to sidestep issues because of a fear that its recommendations would be criticized by individuals or Q groups. Although such criticism will be sure to come, the Committee en- dorses the proposed revisions with the belief they will strengthen our municipal government and enable it to adapt to changes in the years to come. Huntington Beach has changed dramatically in recent years, in psychological �C+ as ''srell as physical terms . Therefore, the work of the Charter Revision Committee has special significance when seen as part of a series of actions by City government to deal with the profound changes our community has experienced. The Charter Revision Committee recommends that the proposed charter be 0 placed on the ballot for the April, 1978 elections . We thank you for f sl Mayor and City Council Charter Revision 2 October 17, 1977 the opportunity to partiLlpate in the study of such important issues and look forward to your decisions regarding our recommen6ations. Sinc:erel� r Na,d`old S. Bauman Chairman, Charter Revision, Committee NB:bt c G u r CHARTER REVISION COMITTEE CITY OF HUNTINGTON BEACH The Final I Report of the Charter Revision Committee of the City� of Huntington Beach was approved by the members for submittal to the City Council on the 25th day of October 19 r r Har d S. Bau a , Chairman i ome ame , ice C aiTman Tor, N. Liver good William R. Burke Mary Ai1 en Matheis h I Chester W. a 1 Ph is Sarie Gske1 y o g T it Elaine ankin William Tixxard �a U ;J • 1 a � � Section pROPOSED CHARTER r r 1 1 CITY CHARTER TABLE OF CONTENTS. h ARTICLE I . INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. BoundariEi Section 103. Powers of the City Section 104. Constr►action Section 105. Intergovernmental Relations ARTICLE II . rORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE 111. ELECTIVE OFFICES Section 300. Elective Officers Section 301, City . Counci,1 . Composition , Eligibility Election and Term Section 302. Powers, Vested i6', City Council Section 303. Compeeisation: and Expenses Section 304. Meetings and,;Location Secti6n' 305. Quorems�;rProceedings and Rules of Order Section 306. Presiding `Officer Section 307. Mayor ,Pro-Tempore Section 308. Non-Interference with Administration Section 309. Offi cial" 0 6`6 ds 1 Section 310. City Attorney. Composition, Eligibility, El ection , d Jerm Section 31 1. City Attorney. , Powers and Duties Section 312. Ci ty 'Attorneys';. Compensation Section 313. City Comptroller. Composition, Eligibility, Election :and,'Term Section 314. City Comptroller. Powers' and, Duties Section 315. City,,Comptroller. Compensation Section 316. Vacancies, Forfeitures and Replacement Section 317. Conflict of Interest, Nepotisn► ARTICLE`' IV. APPOINTIVE �OFFICES ANO PERSONNEL Section 400. City. Administ'rator. Composition, Term, �. Eligibility and Removal Section'`401. Powers and s Section''402. Acting City Administrator Section' 403. City Clerk Section 404. City Clerk. Powers and Duties Section 405. Administration/Personnel Section 406. Retirement System Section 407. Boards, Commissions and Committees c"o c-1 I r ARTICLE V. , - ORDINANCES AND RESOLUTIONS Section SOO. Regular. Ordinances Section 501. Emergency,: Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI , FISCAL!,VMINISTRATION Section 600. Fiscal Year, Section 601. Annual Budget. , Preparation by City Administrator Section '602. Budget, Submission to City Council r' Section 603. Budget. Public Hearing Section 604. Budget. Further Consideration and Adoption Section 605. Budget. Appropriations Section 606. Determination of City Tas; Rate Section -607. Tax Limits Section 608. Vote `Requirod for Tax Measures Section 609. Real=;Estate Transfer Tax Section 610. Bonded; Debt, Limit Section 611. Revenue Bonds Section 612. Sale of Public :Utility Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit ARTICLE' II `" ELECTIONS,:.._ Section 100. General, Municipal ,Elections r, 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 i Section 802. Violations Q c-2 V � 1 CHARTER We, the people of the City of Huntington Beach, State of California , do ordain and establish this Charter as the •+ fundamental law of the City of Huntington Beach under the Constitution of the State of California. ARTICLE I INCORPORATION AND JOWEkS OF THE CITY +� Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to axist as a municipal corporation under its present name of "City of Huntington Beach. " Section 101. SEAS.. The City shall have an official �+ seal which may he 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 Ly law. I Section 103. POWERS OF CITY. The City shall have the power to make, and enforce all laws and regulations in respect i to municipal affairs , subjdct only to such restrictions and limitations as may be provided in this Charter or in f+ the Constitution of the State of Californ", r Section; 104. CONSTRUCTION'.,;..,The„general grant of power to .the City' under this Charter shall be construed bra'adly in numerated favor ' fl,the`City. The :specific provisions: eintended er are i ntended to be and steal Ube � • interpreted as limitations upon the general grant of power and shall be construed narrowly. .:. If any provision of this Charter, or the appli'cati`an thereof, to any person or circum- stance is held invalid, the remainder. of the Charter and the application of such provision to other persons oi- circum- stances , shall not be affected thereby. Section 105. INTERC^�ERNMENTAL RELATIONS . The City may exercise. any of, its` powers or.. pPerfo';•m 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. i ARTICLE 'I I FORM OF COVEMENT Section 200. COUNCIL.-ADMINISTRATOR FORM OF GOVERNMENT. �+ The municipal government provided by this Charter shall be known as the Council-Administrator form of government. c-3 r ARTICLE III ELECTIVE OFffCES Section 300. ELECTIVE OFFICERS. The elertiire officers of r the City shall consist of seven members of the City Council , a City Attorney and a City Comptroller. Section 301. CITY COUNCIL . COMPOSITION , LLIGIBILITY, ELECTION AND TERM, ( a) Compusition. There shall be a City Council of seven memoers elected by the qualified voters of the City at large. (b) Eligibility. Only qualified voters of the City of Hunt ;ngton Beach who have resided in the City for a period exceeding thirty days prior to the date established for filing nomination papers shall be eligible to hold office as members of the City Council . 11�(c) Election and Terms . Four members of the City ' Council shall be,-elected at the general municipal 'elections held . in April , 1978 and each fourth, year thereafter. Threa member- of the City 'Council shall be elected at the general Municipal elections held` in April , 1980 and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a m::mber for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. This section shall apply to persons currently members of the City Council . Section,1302`0' POWERS; VESTED rN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in, this Charter. Section, 303. COMPENSA TION AND EXPENSES. The members "of the City Council including the Mayor shall receive as compensa- tion for their services a monthly salary the amount of which shall be determined by the following schedule : Population Monthly Salarl (a ) 150 ,000 to and including 200,000 $400 0 (b) Over 200,000 to and including 250,000 $500 (c) Over 2bOv000 $600 0 -a 1 � i The Mayor shall receive an additional $100 monthly stipend to supplement this salary. For the purposes of this ,r► section the population shall be determined by the estimates of population rude b;; the Department of Finance of the State of California. In addition , each member of the City Council shall receive reimbursement on order ,of the. City Council for Council authorized traveling and other expense when on official duty upon submission of itemized expense accounts therefor. Any fringe benefits paid by the City to department heads shall be available to City Couiicil members. Section 304 . MEETINGS AND LOCATION. (a ) Regular Feetings. The City Cnuncil shall held regular meetings at least twice each month at such tima as it shall fix; by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain I which shall be specified in the order of adjournment and when i so adJourned,, eachh adJourned neeting 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 anytime b :the Mayor, or by a majority of; the members of tfte �City Council , by' written notice,f, to each,member of the Ci y ;Council , and to each:: local newspaper 'of general c1 rcul &- tion';. radio;; c�r television station requesting: notice in writing. Such. notice must; be., delivered ppersonally or ;by mail ,at least i:wenty-four hours before!.the time; of, such meeting , as specified in the notice. The call ; nnd notice shall:' specify -the tii.1P: and place of the, sppecial' meeting and the business , usiness to;be transacted. No other business.ishall be considered at . such.'meeting. If any person entitl'ed� to such written, notice,- files a written waiver of notice with the City„ Clerk,Jt.;.may be dispe' ns'ed:.with. Such waiver may ' be given by,r,tel'egr,a'm. This notice requirement shall. be ., considered fulfilled as to any person who is actually present at the meeting :at the time it- convenes , In the event of..,. an emergency, 'affecting the public peace , health or safety, a special meeting may be called as provided in this section ' with less than twenty-four hours written notice, provided that the Mature of the emergency is set forth in the m W Ltes of the meetin,. c-5 f �, 014 {c) Place of Meetings . All regular meetings sha : ; be held in the Council Chambers of the City or in such place withi,, 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 geld 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 m3J ority of the members of the City Council . n (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 n meetings , no person shall be denied the right to be heard Gj the City Council . Section 305. QUORUMS, PROCEEDINGS AH11 RULES OF ORDER. (a)-, Quorum. A majority of the nwmbers 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 nierabc:-s of the City Council from any regular meeting or adjournrn. ..., . regular meeting, the City Clerk may declare the same adOdurned 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 C City Clark 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 i the same manner as specified in this Charter -for dispensing with notice of special meetings of the City Council .$ (b) ;;,'Proceedings: The Ci':y Council shall : �udge the qual:ificatiore ofIts: members' as set, forth by ,the Charter.;;, It shall, judge all election, returns. Each,; membe'r- of the City Council shall have the. power, tor;a'dminister 'oaths, and affirmations t r _ p gp he City ri.,. , gity, Council ' shall"-have ` in any nvesti endin before t Council . The ve the ower,;and authority to. comps,,the attendance: of witnesses , to examine ,them under oath and Ito compel; ;the 'production of evidence before it.,,. :Subpoenas shall be :issued in the name oil the City and be attestedby. the City Clerk. They shall. be, served and complied`,with in the same manner as subpoenas in civil action$ . Disobedience of such`'subpoenas, or the-.refusal to testify (upon G other than constitutional grounds ), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Chanter are punishable. (The City Council c-6 1 � y '1 shall have control of all legal business and proceedings and all propert; of the legal department, and may employ other attorneys to take charge of or may contract for Any prosucrr- �� tions,_ lit•igation or other legcl matters or busitit�ess. ) (c) Rules of Order. The City Councillrth establish ruler for the conduct of its Proceedings and, uvict or proseciite any member or other person for disorderly conduct at any of its meetings . Upon adoption of any ordinances , resolution , or order for payment of money, or upon the demand of any membet,,, the City Clerk shall call the roll and shall cause the Ayes and noes taken on the question to be entered in the minutes of the meeting. Section 306. PRESIDING OFFICER. At the Coiinznil meeting at which any Council menber . 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 ^ proceeding,. The Mayor shall be the official hoad of the City for all ceremonial purposes ; shall have the primary but not the exclusive responsibility for interpreting the policies , I progirms .and needs of the City government to the people, and as occasien . requires , may inform the people of airy majcr change in policy or program; and shall per"orm such other duties consistent with the office as may be prescribed by this Charter or an may be . imposed by the City Council . The May r shell serve in such capacity at the pleasure oil the City Council . Section 307 . MAYOR PRO-TEMPORE. The City Council shall also•,designate one of. its members as Mayor Pro-Tempore, who zhall servo in such capacity at the pleasure of the City Council . The ' Mayor Pro-Tempore shall perform the duties of the Mayor during the Mayor' s absence or disability or at the Mayor's request. Section-„ 308. NON-INTER FERENCC' WITH ADMINISTRATION; Except aa,.,.otherwise provided in this Charter, no member' of the City „..Council shall. order, directly or indirectly, the appointment', by the City Adrninistr'atcr, or by, any, of .the, department heads in the administrative service o*, the City, of any person to any. office.,or empjo., ment, .or, ,rem6,val ; there- from. Except. for the7, "I purpo'se` of investigations and inquiry, the nierrbers of the City Council: shall deal with the adminis- trative ,servi+ e under. the Jurisdiction of the City Administratur solely thro!igh ;.ne City Administrator, and 'no member of the City Council shall give orders to any subordinpte of the 1 City Administrator, either publicly or privately, c-7 �.-...... .�....w...r��_...�_. ._....,... ....... • aa. . NI .�� ► Mom. 7M Section 309, OFFICIAL WIDS . The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same: protection as the required separate bonds would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond , there shall be no personal liability upon, or any right to recover against , the employee 's superior officer or other officer or employee or. the bond of the latter, unless sitch 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 causinS the loss. Section 310. CITY ATTORNEY - COMPOSITION , ELIGIBILITY , ELECTION AND TERM. n ( a ) Composition. There shall be a City Attorney elected by the qualified voters of the City ut large. ( b) Eligibility. "To become and remain eligible for the office of City Attorney , a person must be a qualified voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the date established for filing of nomination papers and an attorney at law, duly licensed as such under the laws of the State of California . i W Election and Term. The City Attorney shall be elected at the general municipal electiuns held in April of .� 1978 and each fourth year thereafter. ;n ft•hi'i 1 Section 311. CITY ATTORNEY . UmE45 AND DUTIES. The City Attorney shall have the power and may be required to: (a) Represent an6 advise the Ciro Council and all City c . 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, i or former City officer or employee, in any or all civil actions . r or proceedings in which such officer or employee is concerned or j is a party for any act arising out of City employment or by i repson of official capacity. i c-$ w l`� j (d) Attend all regular meetings of the City Council , unless excused , and dive advice or opinion orally or in writing whenever requested to do so by the City Council or fby any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City , endorsing approval thereon in writing. I (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Dev3te such time to the duties of the office and at such place as may be speci •lied by the City Council . (h ) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. lei ( i ) Surrender all books , papers , files , and documents pertaining to thepCity' s affai s ,to a duly qualified successor. ection 312 . CITY ATTO Nt:Y. COMPENSATION. The City Attorney shall receive compensation and fringe benefits to be fixed by the City Personnel Commission effective the i beginning of each fiscal year based on objective criteria for the position . The compensation of the City Attorney ' shall not he reduced nor shall fringe benefits be diminished below those normally enjoyed by department heads after the Election or during a term of of•tice. Section 313 . CITY COMPTROLLER. COMPOSITION, ELIGIBILITY, ELECTION AND TERM. (a ) Composition. There shall be a City Comptroller elected by the qualified voters of the City at large. (b) Eligibility. To become and remain eligible for the office of City Comptroller, a person must be a qualified ! voter of the City of Huntington Beach who has resided in the City for a period exceeding thirty days prior to the I date established for filing of nomination papers and a college graduate with a Bachelor of Science or Bachelor of Arts i degree and a major in accounting or finance. (c) Election and Term. The City Comptroller shall be Elected at the general municipal election held in April I of 1980, and each fourth year thereafter. �V c-9 J J Section 314. CITY COMPTROLLER. P0WERS AND DUTIES. The City Comptroller shall have the power and may be required to: (a) Develop an internal audit mechanism and be solely responsible for conducting the internal financial and operational audits of City records , accounting and financial operations and systems , and City operating procedures. (h) Submit monthly reports tc the City Council including findings and recommendations . r (c) Submit an open annual report and any supplemental reports as are necessary to the people containing an ev:.luation of the financial status of the City. (d) Review internal control procedures to assure accounta- bility of revenues and expenditures and accuracy and effectiveness of accounts records, transactions and operating policies of all City departments. The Council shall provide reasonable staff and budgetary support necessary for the performance of the duties of the r, City Comptroller. Section 315. CITY COMPTROLLER. COMPENSATION. fhe City Comp- troller shall receive compensation and fringe benefits to be fixed by the City Personnel Commission effective the beginning of each fiscal year based on objective criteria for the pnsition.' The r-> compensation of the City Comptroller shall not he reduced nor shall fringe benefits be diminished below those normally enjoyed by department heads after the election or during a term of office. Section 316. VACANCIES, FORFEITURES AND REPLACEMEN1 . (a) Vacancies. A vacancy in the City Council , City Attorney, or City Comptroller, from whatever cause arising, shall be filled by appointment by the City Council , such appointee to hold office until a successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of the unexpired term. In this paragraph , the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect 3 successor. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes , the office shall become vacant . If an elected City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City, the office shall become vacant. The t c-lU 1� c 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 ) Replacemait . 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 unexpirc-d term. Section 317 . CONFLICT or INTEREST, NEPOTISM (a ) Conflict of Interest. The City Council shall adopt or approve rules and regulations rejulating conflicts of interest ind 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 aiiy one or more of the members of such City f Council , nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position . This provision shall .., not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by. this pro- vision ; however , Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person . ARTICLE IV APPOINTIVE OFFICES RD PERSONNEL Section 400. CITY ADMINISTRATOR . CUMPOSIIION, TERM, ELIGIBILITY , REMOVAL. (ai Composition. There shall be a City Administrator who shall be the chief administrative officer of the City. (b) Terre. The Administrator shall be appointed by the affirmative vote of at least a maJority of the members of the City Council and shall serve at the pleasure of the City Council ; provided , however, that the person occupying the office shall not be removed from office except as herein provided. I c-11 i I I r I (c) Eligibility . The Administrator shall be chosen on the basis of efeective and administrative qualifications , with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office: as r- herein set forth . No persin shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on the City Council . (d) Removal . The City Administrator shall not be removed .• from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected . At any other time the City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members cf the City Council . At least thirty days prior r• to the effective date of removal , the City Administrator shall be furnished with a written notice stating the Council ' s intentions and , if requested by the City Administrator, the reasons therefor. Within sever days after receipt of such notice , the City Administrator may by written notification to the City Clerk request a ublic hearing before the City 0Council , in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Admi►►istrator with written notice of the intended removal , the City Council C.' may suspend the Administrator from duty , but the compensation i shall continue until removal as herein provided. In removing the City Administrator, the City Council shall use its j uncontrolled discretion and its action stall be final and shall not depend upon any particular showing or degree of i proof at the hearing, the purpose of which is to allow the 01 City Council and the City Administrator to present to each I other and to the public all pertinent facts prier to the final action of removal . ' Section 401 . POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Administrator shall be C_ , responsible to the City Council for the proper administration of all affairs of the City . Without limiting this general grant of powers and responsibilities , the City Administrator shall have the power and be required to: (a) Appoint, promcte, demote, suspend or remove department heads , officers and employees of the City except elective officers. However, no department head shall bu appointed or removed until the City Administrator shall fir:ct have reviewed such appointment or removal with the City Council and received 1 its approval for such appointment or removal . i c-1Z l� 1 , (b ) Prepare the budget annually, submit it to the City Council , and be responsible for its administration upon adoption. (c ) Prepare and submit to the City Council as of the end of each fiscal year , a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d ) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Establish a centralized purchasing system for all City offices , departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchasing , inspection , storing , inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. City with the laws e responsible oftheS compliance State pertaining to e the City, the provisions of this Charter and the ordinances , franchises and rights of the City. (h) Prescribe such general rules and regulations as may be deemed necessary or proper for the general conduct of subordinate administrative offices and departments of the City. (i ) Perform such other duties consistent with this Charter as may be required by the City Council . Section 402 . ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the City Administrator, the Assistant City Administrator shall orve as Acting City Administrator. During any temporary absence or disability of both the City Administrator and the Assistant City Administrator, the City Administrator shall appoint one of the other officers or department heads of the City to serve as Acting City Administrator. In the event the City Administrator fails to make such appointment, such appoint- ment may be made by the City Council . Section 403 . CITY CLERK. There shall be a City Clark appointed by the Ciey Administrator with the approval of the Gity Council . .`; c-13 G IS A Section 4u4. CITY CLLRK. POWERS AND DITTIES . The City Clerk shall have the power and shall be squired 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 Counci : in books that shall bear appropriate title and be devoted to such purpose. ( b) Maintain separate books , in which shall he recorded respectively all ordinances and resolutions , with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication , stating that the same has been published or posted in accordance with this Charter. ( c) Maintain separate records of all written contracts and official bonds . ( d) Keep all books and records properly indexed and open to public inspection when not in actual use. ( e) Be the custodian of the Seal of the City. ( f) Administer oaths or affirmations, take affidavits ind 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 r� availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Be responsible for the conduct of all City elections. (1) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council . The City Clerk may, subject to the approval of the City Council , appoint such deputy or deputies to assist or act for the City Clerk, at such salaries or compensation as the Council may by ordinance or ►•esolution prescribe. Section 405. ADMINISTRAIION/PERSONNEL.. (a) Administration . In addition to the City Council , a City Clerk, a City Comptroller, a City Attorney and City Administrator, the officers and employees of the City shall c-14 consist of such other officers , assistants , deputies and employees as the City Council may provide by ordinance or ' ^ resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for ; each offices , officials and employees except as herein provided. (b) Personnel . The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Administrator, the Assistant City Administrator, the City Clerk , City Attorney, City Comptroller and Department Heads shall be exempt. The system shall consist of the establishment of minimum standards of eir to ment and qualifications for the various classes of employment and i procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City !^ Council may amend the system or the list of appointive officers and employees included within the system, provided , however, that once included within the system, no officer or employee shall be withdrawn therefrom (unless the office or position is actually abolished or eliminated) without the approval of such ilithdrawal at a regular or special election by a majority of the voters voting on such proposition . The system shall comply with all other provisions of this Charter. Section 406. RETIREMENT SYSTEM. The City shall participate in a retirement system. The benefits providers y the retirements stem in which the City y participates 4 shall not be less than those provided by the State Employees' Retirement System. Section 407. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards , commissions and committees as are deemed necessary for the orderly func- tioning of the City. All such boards , commissions and committees shall report directly to the City Council and } shall operate as follows: (a ) Boards shall carve in an advisory capacity to the City Council . (b) Commissions may have decision making authority in those activities delegated to them by the City Council . (c ) Committees shall be established on an ad hoc basis to advise the City Council on particular matters. c-15 I ARTICLE V ORDINANCES"AND RESO'LUTI ONS 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 introductions a regular ordinance shall be read in full unless a full reading thereof is waived by I unanimous consent of City Council members present at that i meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four member:, ; of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the Y � 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 i typographical or clerical errors shall not constitute the making ! of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance - � to be published at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper published + in the Ccunty or the City and circulated in the City which is selected by the City Council for that purpose. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length , as amended. (e) When Effective. livery ordinance shall become effective thirty days from and after the date of its adoption, r:xcept 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; c-16 i (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, I ^ 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 repeated as of the effective date of the codification. Amendments to the code shalt be enacted by ordinance . Section 501 . EMERGENCY ORVINANCES . Any ordinance declared by the City Council to be necessary as an emergency measuro 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 3xcept that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes . Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance . Section 503. PUBLISHING OF LEGAL NUTICES. The City o Council shall cause to be ,published all legal notices and other matter required to be published by law in a daily. semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL AUMINI.SRATION Section 600 . FISCAL YEAR. The fiscal year of the City c' shall be from July I to June 30 unless otherwise established by ordinance. Section 601 . ANNUAL BUDGET, PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator, personally, or through c-17 V i n r the Director of Finance , estimates of the department' s, board 's or commission 's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget, the City Administrator shall review the estimates , hold conferences thereon with the respective department heads , boards or commissions as necessary, and may revise the estimates as may be deemed advisable. n Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least sixty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least f 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 propused budget shall be available for inspection by the public in the offices of the City Clark 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 i budget with revisions, if any, by the affirmative votes of r� at least a majority of the total members of the Council . ! Upon final adoption , the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Fi!iance , City Comptroller and the person retained by the City Council to perform the post audit function, and a. further c � copy shall be placed, and shall remain on file, in the office of the Cite Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and capies made available for the use of the public and of depart- ments , offices and agencies of the City. G 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 C c-18 "1 respective objects and purposes therein named; provided, however, that the City Administrator may transfer funds from one object or purpose to another within the same department , office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council . Section 605. DETtRMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance foil 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 precedinn 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 e% the current fiscal year. Section 607 . TAX LIMITS . (a ) The City Council shb: not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section , unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of ry years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation , if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City under the State Employees ' Retirement System, the Federal Insurance Contributions Act, or other plan , for the retirement of City Employees , due and unpaid or to become due to during the ensuing fiscal year. 4 c-19 U � . ti (c) Special levies, in addition to the above and not subject to the above limitation , may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth , to wit: parks and recreation not to exceed $0.20 per One Hundred Dollars ; libraries not to exceed $0.1b per One Hundred Dollars; adver- tising, music and promotion not to exceed $0.05 per One hundred Dollars; civil defense and disaster preparedness not tc exceed j $0. 03 per One Hundred Dollars ; and for public museums of natural and historical objects not to exceed $0.02 per One Hundred Dollars . The proceeds of :.ny such special levy shall be used for no other purpose thai that specified. Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax , property tax, or other measure whose priiiicpal purpose is the raising of revenue, or &ny inc-ease in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative votes of at least five (5) members �I 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 �I 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 C costs of providing such use or service. i This Section shall not apply to any fee or charge relating to any franchise or properietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative votes of a majorlty 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 f ' an indebtedness evidenced by general obligation bonds which shall in the aggregate e.tceed the sum of twelve percent of the total assessed valuation , for purposes of City taxation, of all the real and personal property within the City. i c-20 . I Zs� 1 i r No bonded indeL . ,s which shall constitute a general obligation of the City ma, created unless authorized by the affirmative votes of tht Ofority 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 BUNGS. 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. j No such bonds payable out of revenues „call be issued without the assent of a majority of the voters voting upon the propo- ,� sition for issuing the same at an election at which such preposition shall have been duly submitted tc the registered voters of the City. fIt small be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds lei 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 transfo+r out of such fund, and other appropriate convenants. Money placid 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 ex:ept for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for .� the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. SALE OF PUBLIC U-fILITY. No public utility now or hereafter owned or operated by the City shall be sold , leased or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a maJority. of the total membership of the City Council and by tF.z affirmative votes i of at least a maJority of the electors voting on such proposi- tion at a general or special election at which such proposition j is submitted . Section 613. EXECUTION OF CONTRACTS . Except as herein- after provided, the City shall be bound by contract only if it is made its 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 : I i { A i f (a) By ordinance or resolution the City Council may authorize the City Administrator or other c .'ficer 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 needod 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 nay be made by the manager of such utility or by the head of thy. department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council . (d) Any contract deemed by the City Administrator or any head of a City department to be necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be entered into on behalf of the City by such City officer without the prior approval of the City Council , in an amount nct to exceed $25,000. r (e) Except Ps hereinafter expressly provided every contract .involving an expenditure ,- more than $ 5,000 for services , unless by ordinance the City Council establishes a lower figure, shall be let to the lowest responsible bidder after reasonable notice. The City Council shall establish the manner and form of notice by ordinance. i The City Council Tray reject any and all bids presented, and may readverti se in its discretion. Written proposals rather than competitive bidding may be required for special services as defined in California Government Coda Section 53060. The City Council may reject any and all proposals received and may require additional proposals in its discretion. If the City Council decides to execute a contract for such services , it shall award the contract to the firm or individu4l (s ) which the CounV11 , 'in its discretion, finds best qualified to serve the needs of the City. After receipt of bids or proposals, the City may negotiate such amendments and changes as it deems necessary so long as all bidders or applicants are given the opportunity to modify their bids or proposals. c-z �� 4 i I i All bids after opening and all proposals after the finel submission date shall be available for public review. In the event of an emergency where the City must act for the immediate preservation of the ppease, health at, safety, the provisions of this subsection may be waived by the City Council . Section 614. CONTRACTS ON PUBLIC WORKS. Except as herein- ' after expressly provided , every contract involving an expenditure of more than Ten Thousand Dollars ($10 ,000) for the construction or improvement (excluding m;.intenance and repair) of public: buildings , work.., streets , drains , sewers , utilities , parks and play ^rounds , and each separate purchase of materials ur r+ supplies for the sarn2, where the expenditure required for such purchase shall excee.i the sum of Ten Thousand Dollars ($10,000) , shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions , the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and al'i bids presented and may readvertise in its disci•ution. After rejectir;g bids, or if no bids are received , or without advertising for bids if the total amount of the contract or project is less than Ten Thousand Dollars ($10,000) , the City Council may declare and =' determine that in its opinion, the work in question may be performed better or more economically by the City with its own employee_ , or that the materials or supplies may be purchased I at a lower price in the open market, and after the adoption of a resolution to this effect by the affirmative votes of a majority of the tutal members of the City Council , it may proceed to have said work done or such materials or supplies purchased in t' manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum of $10,000 may be let and purchases exceeding the sum of $10,00u 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 my such utility may be excepted from the requirements of this section by the affirma- tive vote of a majority of the total members of the City Council . c-23 J 2 r 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 r interest, direct or indirect, in the fiscal affairs of the City government or any of its officers . The Council may, without requiring competitive bids , designate such accountant or firm annually provided that the designation for any parti- cular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. As soon as practicable after the end of tho fiscal year, a final audit znd 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 iaspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the } official newspaper. ARTICLE VII Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the second Tuesday in April in each even-numbered year. Section 701 . SPECIAL MUNICIPAL ELECTIONS . All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections . Section 702. PROCEDURE FOR HOLDING ELECTIO:'S. All , elections shall be held it accordance with the provisions of the electi is code of the State of California , as the same now exist o►- hereafter may be amended, for the holding of municipal elections , so far 3c the same are not in conflict with this Charter. Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors -�f: th.= 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 er. ist 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. c-2a 4 } b , I n Section 704 . NOMINATION PAPERS. Nomination papers for candidates for elective municipal office mlist be signed by fifty electors of the City. 4n ARTICLE VIll MISCEFLAFMS Section 800. TRANSITION . Elective officers and elective offic-ers whose offices are made appointive of the City shall continue to hold such offices until the completion of their n current terms and the election or appointment and qualifica- tions of their respective successors under this Charter. All boardst 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. A.1 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 Mo. 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" incluc' ; firm and corporation . Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding Five Hundred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment , and each day that any such violation continues shall constitute a separate violation. c-25 s Section III POSITION STATEMENT lie "SL s 1 POS I T I OM STATEMUT FINAL. RMIORT Of: 11HOPOSHU 11EVI,SIONS CHARTER REVISION COMMITTRE October 25, 1977 PHILOSOPHY OF TIM COMUTTEE The Charter Revision Committee has concluded that many of the provisions in the current Charter contain subjects that would better be handl�3 throi:uh ordinances or resolutions. Thus , the Charter will contain necessary safeguards for good government, but will also allow flexibility for the Council to set policies which will allow the most efficient and effective manner of man- aging the City at any point in time. If the Committee's recommend-. ell ations are implemented., the City Council will need to adopt appropriate ordinances and resolutions in order to complete the task of charter revision. The Committee has also strived to eliminate ambiguities in the Charter through using clear, concise language so that all who read -, it will know exactly what it means. PROPOSED CHARTER REVISIONS Not only has the Charter Revision Committee removed certain sections from the proposed Charter, but it has also made some changes and 7 added came provisions which Committee members believe will improve City government. Many changes are merely "housekeeping" items l which have been changed to conform with present law or to clarify meanings . Listed below, however, are some of the major proposed changes which we would like to bring to your attention. It must be emphasized that only by reading the actual proposed charter it.- self can all the Charter changes be noted. I CITY COUNCIL 1. Proposed Section 301. City Council Term. The Committee re- commen s that no person be elected aF a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. This section would apply to persons currently members of the City Council . J .J ^i Final Report 2 October 25, 1977 Charter Revision II . proposed Section 301. citz Council Com osition. The current city C arter provides that Council members Cberter e studl in this issue, h ft r la e. A g e d at r Y elect g Revision Committee recommends retention of elections at lu.ge , rather than tlhe estaolishment of districts . �! III . Pra osed Section 303. Compensation and Expenses . This Section would allow tie members of the City Council to i receive compensation for their services as determined by the following schedule , which presently applies to general law cities . Po ulation Monthly Salary (a) 151 ,000 to and including 200,000 $400 (b) Ovur 200,000 to and including 250,000 $500 (c) Ove7. 250,00 The Committee recommends that 'the Mayor receive an addit- ional $100 monthly stipend to supplement his salary. In addition, each member of the City Council would receive re- imbursemenw on order of the City Council for Council author- ized traveling and other expense when on official duty upon submission of itemized expense accounts . A provision in the 1 first draft allowing 51 annual increases has been deleted. G j IV. Proposed Section 304 . Meetings and Location. The. Committee propose tat n t e event at an emergency affecting the public peace, health or safety, a special meeting may be ` called with less than twenty-four hours written notice, provided that the nature of the emergency is set forth I in the minutes of the meeting. A provision in the first draft which allowed out of town meetings as long as no action was ` taken has been deleted. V. Proposed Section 306 . Presiding Officer. The present Charter provides t at the Mayor shall be elected by the City Council members. The Charter Revision Committee recommends retention of this procedure as opposed to a Mayor being directly elected i by the voters . CITY ATTORNEY I . Proposed Section 31.0. City Attorney Composition. The present charter Provides that the ity Attorney be e ected by the qualified voters of the City at large. The Committee recommends that the position remain elective. II . Proposed Section 312. City Attorney Compensation. This section states that file City ttorney s compensation and fridge benefits shall be fixed by the City Personnel Commission effective the beginning of each fiscal year based on objective criteria for �Y Final Report Charter Revision 3. October 25, 1977 the position. After an election or during it term of office, the compensation of the CIty Attorney shall not be reduced nor shall fringe benefits be diminished below the fringe benefits normally enjoyed by department heads . Elected C1tY Treasurer. The Charter Revision Committee recommends tit the electe 'City position be eliminated as the ! duties he performs (investments , risk manager, animal licensing) can be handled by other departments . Proposed Sections 313 314 ane 315. Elected City Comptroller. The Committee believes there Is a need for an eiM e o icial who is responsible to the people to be the "watchdog" over the internal operations of the City. This person would be empowered to not only conduct financial and operational audits , but also to perform management studies . The elected City Comptroller would be required to submit monthly reports to the City Council ! as well as an open annual report to the people. This proposed section also requires that Council provide reasonable staff and budgetary support necessary for the performance of the Coriptroller' s duties. His compensation shall he established yearly by the Personnel Commission in the same manner as the City Attorney's compensation. In the first draft, the City Comptroller was re- i ferred to as the City Auditor. Proposed Section 317. Conflict of Interest. A section has been proposed w c states !be Citycouncil—O T'1 adopt or approve rules and regulations regulating conflict of interest and promoting fair dealing in all City business . Th4.s is intended to be con- sistent with the obligations of the City Council under Proposition '7 9 and the rules of the Fair Political Practice, Commission. Pro osed Saction' 401 . CityAdministrator'3 Powers and Duties. The present Charter allows the City Administrator to appoint or remove department beads only after reviewing such action with Council and receiving their approval. After study, the Charter Revision Committee proposed retaining this requirement. Pro osed Section 402. ActinR City Administrator. The current ' charter states that tie City Administrator shall appoint, subject to the approval of Council, one of the other officers or department Beads to serve as Acting City Administrator in his absence. Re- cognizing the neea to have an Acting City Administrator when the Administrator is gone for a few days and prior Council approval to appoint a particular person has not been obtained, the committee suggests the following wording: During any temporary absence or disability of the City Administrator, the Assistance City Administrator shall serve as Acting City Administrator. During any temporary r Final Report 4. October 2S, 1977 Charter Revision absence or disability of both City Administrator r and the Assistant City Administrator.. the City Administrator shall appoint one of the other officers or department heads of the City tc, serve as Acting City Administrator. In the event the City Administrator fails to make such appointment, such appointment may be made by the City Council . Prn osed Section 403. City Clerk. The present charter provides that the City Clerk be elected. The Committee recommends that the City Clerk be appointed by the City Administrator with approval of Council . This is a change from the first draft in which the Clerk was to be appointed directly by the City Council. The City Clerk performs ministerial duties only and no purpose is served by keeping the position elected. The present City Clerk concurs that the position would best be filled by a thorough search for qualified applicants, rather than through an election for re- sidents only. r Proposed Section 405. Personnel System. It is our recommendation at tEe City ministra or, a Assistant City Admiristrator_,the.. City Attorney, the City CIerk, the City Comc_xoller and Department Heads should all be excluded from the Personnel System. Other than this.change, the.wordir ., of this section is basically the same as in the present Charter with.the exception of the deletion of reference to departments. The complete revision of the personnel system provided i:i the first draft has been deleted. Proposed Section 406. ; Retirement System. Instead of locking a particular retirement sys em n o he Charter, a provision is recommended which requires that any retirement pplan in which the City participates be no less than that offered by the State Public C Employees Retirement System. The Committee accepted the expressed concern that recruitment might be hindered by exclusion of the PERS System. Proposed Section 4'07. Boards, Commissions '. and ;Committees. The Committee recommends a ifhe named various boards or commissions C. be omitted from the Charter in order to allow the Council maximum flexibility to establish or eliminate such groups according to current needs . In addition, it was felt that definitions of the terms "board, " "commission," and "committee" were needed to promote uniformity. The following definitions are suggested. (a) Boards shall serve in an advisory capacity to the City Council (b) Commissions may have decision-making authority in those activities delegated to them by the City Council. (c) Committees shall be established on an ad hoc basis to advise the City Council on particular matters. v .� Final Report 5, Charter Revision October 25, 1Q77 Proposed Section 500 . Regular Ordinances . publication. This propose section states the J y er�c s a cause eac � ordinance to be published at least once within fifteen days after its adoption in a daily, semi-weekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose . This would allow �+ the City Council flexibility to choose newspapers which would have considerably wider circulation within the City than the e City currently yuse . for selection a newspaper wuldalsoapplytothe publication of Legal Notices (proposed Section 503) . Propose.d Section 602 . Bud et. Submission to cityCouncil. It �� 15 propose at the i y Administrator a requlrBd to su mit the proposed budget to Council at least 60 days prior to the be- ginning of each fiscal year. In addition, a public hearing on the budget is also required at least 15 days prior to the beginning of the fiscal year. This change is also reflected in Sect et 603. Bud et. Public Hearin . The Committee believes additionaltime or pu is input is essential to the budget process . Proposed Section 607 . Tax Limits . This section setting forth special levies which may be made for various departments remains ecial le it is in the witheaLsingleer. The first raft linit. After furtherombindd consideration, � levies into one w g this provision was deleted. Proposed Section 608. Vote Required for Tax Measure. Since both t e AN7 Committee' s propos tion an t e C ty s proposition were i approved in the last election,both are included in the present Charter. -Therefore, the hurter Revision Committee combined the i � two sections, clarified the language and changed the wording from I "three-fourths to the total voting members of the City Council" to "five members of the City Council ." Proposed Section 610 . Bonded Debt Limit. The proposed Charter lowers the bonded e t limit from 1 to 121 of the total assessed valuation. Both City Staff and the Charter Revision Committee agreed fifteen per cent was an unrealistically high figure. Proposed Section 613. Execution of Contracts. A concern of staff J is that they are not authorized o en in o contracts in ewer- ' gencies without Council approval. For instance , if the Santa Ana River is flooding and the Public Works Director purchases sandbags, he is violating the Charter. We propose that any contract deemed by the City Administrator or any head of a City department to be j necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency may be entered into on behalf of the City by such City officer without the prior approval of the 1 1 J �1 r Final Report Charter Revision h. October 25 . 1977 City Council, in an amount not to exceed $25 ,000 (rather than $10,000 as provided in the first draft. ) In addition, a completely new section not in the first draft has been added which requires competitive bidding for public service contracts over $25 ,000 , except for professional services . Council is permitted to establish lower limits if it desires to do so . Proposed Section 615. Granting of Franchises. Franchises would e better handled by ordinance in order to promote flexibility and assert Local control over any new agreements to the extent permitted under the State Constitution. Several items currently adopted in the Charter such as the Franchise Act of 1937 have r' handicapped the City in its dealings with utility companies. Therefore, the Committee suggests a simple phrase requiring the City Council to regulate the granting of franchises by ordinance. Pro nosed Section 800. Transition. It is proposed that elective o cers continue to Rela t exr offices until the completion of C their current terms. In Addition, those provisions of the current charter which are removed from the new charter will remain in effect until the City Council adopts the appropriate ordinances, or for one year, whichever occurs first. The provision regarding the City Comptroller would not take effect until 1980. CRC:bt �4 G 3�