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HomeMy WebLinkAboutProposed Charter Amendments 11/06/1984 Measure D - Measure E CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 4, 1984 Office of the Secretary of State March Fong Eu Ill Capitol Mall Sacramento, CA 95814 - Attn: Dorothy E. Anderson cm�_- Certification Officer RE: Charter Amendments The City of Huntington Beach held their General Municipal Election consolidated with the County on November 6, 1984. Our ballot had five measures on it, two of which passed. I am enclosing two copies each of Measures G and H, the Certification of the Election by the Registrar of Voters, two existing City Charters and two copies of Resolution No. 5469 reciting facts of the election and declaring the result of the charter measures. Also enclosed, for your information, is a copy of the Voters Pamphlet. If anything else is needed for your certification of the passage of Charter Amendments G and H, please feel free to contact me at 714-536-5404. _ 26� 1 Alicia M. Wentworth City Clerk AMW:bt Enclosures 1 Tela phone: 714-536-5227) ---- --- — --- -- — --- — MEASURE G Shall existing City Charter Section 310, which nuw sets out the Iwwcrs and duties of the City Clerk, be YES pnopOSED CHARTER A14ENDfrAENT G amended to include additional minimum yualificatiuns -- The Charter of the City of Huntington Beach is hereby amended by amending for the l"itiun of City Clerk, including three years of NO Section 310 to read as follows: relevant work experience? I Section 310. CITY CLERK. POWERS AND DUTIES. "fhe City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsi- ble for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of die Clerk annexed to each thereof staling the same to he the original or a correct copy,and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d)Keep all books and records in his possession properly indexed and open to public inspection when not in actual use- (e) Be the custodian of the seal of the City. (0 Administer oaths and affirmations,take affidavits and depositions pertain- ing to the affairs and business of the City and cenify copies of officials records. (g)Be ex officio Assessor,unless the City Council,has availed itself,or dots - 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 Charier as may be required by ordinance or resolution of the City Council. Ilre City Clerk may,subject to the approval of the City Council,appoint each t deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Clerk shall be three years of relevant work experience which demonstrates record management skills and practice of administrative procedures. -- MEASURE H Shall existing City Charter Section 311, which now YES PROPOSED CHARTER AMENDMENT sets out the powers and duties of the City Treasurer,be H amended to include additional minimum qualifications The Charter of the City of I-luntington Reach is hereby amended by amending for the position of City Treasurer, including a cony Section 311 to read as follows: bination of education and experience in an area related NO Section 311. CITY TREASURER. POWERS AND DUTIES. The City to fiscal management? 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 undercontrol of the City or any office,department or agency of the City government and deposit or cause to be deposited all funds corning into his hands in such depository as may be designated by resolution of the City Council,or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c)Pay out moneys only on proper orders or warrants in the manner provided for ill 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 relxrrts with the City Adminisnatur and City Council. (c)Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensa- tion as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a Combination of education and experience in an area related to fiscal management. 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 ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances . Enactment, Adoption, Publication, Amendment , When Effective and Codification v. c-1 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 . 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 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 (Amended Charter effective December 9, 1982) c-2 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 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 provision of this Charter, or the application thereof to any person or circum- stance is held invalid, the remainder of the Charter and the application of such provision to other persons or circum- stances , 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. c-3 ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator 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 April , 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April , 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than 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 expira- tion 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 c-4 �.. 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 his election. Ties in voting among candidates for office shall be settled by the casting of lots . Section 301 . POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as other- wise provided in this Charter. Section 302 . COMPENSATION . The members of the City Council including the Mayor shall receive as compensation for their serv- ices 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 of- ficial duty upon submission of itemized expense accounts therefor. In addition , members shall receive such reasonable and adeauate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and ordi- nary expenses , losses and costs imposed upon them by virtue of their serving as City Councilmen . 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 speci- fied in the order of adjournment and when so adjourned each ad- journed 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 spe- cial meeting and the business to be transacted. No other business c-5 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. Such waiver may be given by telegram. This notice requirement shall be considered ful- filled 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 emer- gency 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 . 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 qualifi- cation 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 investiga- tion or proceeding pending before the City Council. The City c-6 Council shall have the power and authority to compel the attend- ance o£ 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 consti- tute 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 prop- erty 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 meet- ings . 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 auestion 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 va- cancy 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 responsi- bility for interpreting the policies , programs and needs of the City government to the people , and as occasion requires , may in- form 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 Council shall also designate one of its members as Mayor Pro Tempore , who shall serve in such capacity at the pleasure of the City Council . The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor' s absence or disability or at the Mayor' s request . 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 c-7 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 sub- ordinate of the City Administrator, either publicly or privately. 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 be- come and remain eligible for City Attorney the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his election or appointment . The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices . (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 pro- ceedings in which such officer or employee is concerned or is a c-8 party for any act arising out of his employment or by reason of his official capacity . (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e ) Approve the form of all contracts made by and all bonds and insurance given to the City , endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office and at such place as may be specified by the City Council . (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary . (i ) Surrender to his successor all books , papers , files , and documents pertaining to the City' s affairs . Section 310 . CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to : (a) Attend all meetings of the City Council, unless ex- cused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be de- voted to such purpose . (b ) Maintain separate books , in which shall be recorded respectively all ordinances and resolutions , with the certifi- cate of the Clerk annexed to each thereof stating the same to be the original or a correct copy , and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds . (d ) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use . (e ) Be the custodian of the seal of the City . (f) Administer oaths or affirmations , take affidavits and c-9 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 pro- visions of the general laws of the State relative to the assess- ment of property and the collection of City taxes by county officers , or unless the City Council by ordinance provides other- wise . (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. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordi- nance or resolution prescribe . Section 311. CITY TREASURER. POWERS AND DUTIES. 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 de- posited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds . (c ) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts , disbursements and fund balances , and shall file copies of such reports with the City Administrator and City Council. (e ) Perform such other duties consistent with this Charter c-10 as may be required by ordinance or resolution of the City Council . The City Treasurer may , subject to the approval of the City Council , appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. 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 is convicted of a crime involving 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 of- fice , 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 va- cancy 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 sal- aried 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 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 C-11 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. COMPOSITION, TERM, ELIGIBILITY, REMOVAL. (a ) Composition. There shall be a City Administrator who shall be the chief administrative officer of the City . (b ) Term. The Administrator shall be appointed by the af- firmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; pro- vided, however, that the person occupying the office shall not be removed from office except as herein provided. (c ) Eligibility . The Administrator shall be chosen on the basis of executive and administrative qualifications , with special reference to actual experience in and knowledge of accepted prac- tice as regards the duties of the office as herein set forth. No person 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 member- ship on the City Council. (d) Removal . The City Administrator shall not be removed from office during or within a period of ninety days next suc- ceeding 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 vote of a majority of the members of the City Council. At least thirty days prior 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 seven days after receipt of such notice , the City Administrator may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meet- ing place before the expiration of the thirty-day period above referred to . The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator with written notice of the intended removal, the City Council may sus- pend the Administrator from duty , but his compensation shall con- tinue until removal as herein provided. In removing the City c-12 Administrator, the City Council shall use its uncontrolled dis- cretion 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 pro- vided in this Charter, the City Administrator 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 Administrator 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, 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. (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 condi- tion 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 con- tracting for, purchase, inspection , storage , inventory , distri- bution and disposal of all supplies , materials and equipment re- quired 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 , ex- ercise control of all administrative offices and departments of c-13 the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and de- partments of the City under his jurisdiction . (i ) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402 . ACTING CITY ADMINISTRATOR. During any tempo- rary absence or disability of the City Administrator, the Assistant City Administrator shall serve as Acting City Administrator. Dur- ing 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 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 Administrator, the officers and employees of the City shall con- sist 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 Administrator, Assistant City Administrator and any officers designated as elective by the Charter shall be exempt . The system shall consist of the estab- lishment 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 in- cluded 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 withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. Section 404. RETIREMENT SYSTEM. The City shall participate c-14 in a retirement system. Section 405 . BOARDS, COMMISSIONS AND COMMITTEES . The City Council shall establish such boards , commissions and com- mittees 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 be read by title only . Unless a higher vote is required by other pro- visions 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 typo- graphical 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 , 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. (d) Amendment . The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of c-15 such section or subsection at length , as amended. (e ) When Effective . Every ordinance shall become effec- tive 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 oro.ceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3 ) An ordinance declaring the amount of money nec- essary 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 pro- vided 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 codi- fications 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 . EDIERGENCY 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 im- mediately upon adoption if passed by at least five affirmative votes . Section 502 . RESOLUTIONS. The City Council may act by reso- lution 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 . c-16 No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in con- formity with this Charter or law or ordinance . ARTICLE VI FISCAL ADMINISTRA^_ION Section 600 . FISCAL YEAR. The fiscal year of the City shall be from July 1 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 de- termine , each board or commission and each department head shall furnish to the City Administrator, 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 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 . 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 re- visions as it may deem advisable , the City Council shall hold a public hearing thereon at least fifteen days prior to the begin- ning 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 pub- lic 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 per- sons 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 re- visions , 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 c-17 Administrator, Director of Finance , City Treasurer and the per- son retained by the City Council to perform the post audit func- tion, 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 de- partments , offices and agencies of the City . Section 605 . ANNUAL BUDGET APPROPRIATIONS. From the ef- fective date of the budget , the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments , offices and agencies for the respective objects and purposes therein named; provided, however, that the City Administrator may transfer funds from one object or purpose to another within the same department , office or agency . All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encum- bered. At any public meeting after the adoption of the budget , the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total mem- bers 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 mu- nicipal 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 mu- nicipal 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 au- thorized 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 ad- ditional 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 : c-18 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 sub- ject to the above limitation, may be made annually, based on City Council approved estimates , for the following specific pur- poses , 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 pur- pose 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 pur- suant 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 reim- burse the City for the cost of performing any regulatory func- tion 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 serv- ice , and is to pay or reimburse the City for the costs of pro- viding 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 c-19 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 elec- tion. Section 610 . BONDED DEBT LINT. 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 as- sessed valuation, for purposes of City taxation , of all the real and personal property within the City . No bonded indebtedness which shall constitute a general ob- ligation 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 sane 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 pay- able 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 rev- enues , 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. Section 612 . SALE OF PUBLIC UTILITY. No public utility now or hereafter owned or operated by the City shall be sold, leased or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership c-20 of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a gen- eral or special election at which such proposition is submitted. 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 des- ignated 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 au- thorize the City Administrator or other officer to bind the City , with or without a written contract , for the acquisition of equip- ment , 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 pro- vide 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 Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. Section 614 . CONTRACTS ON PUBLIC WORKS. Except as herein- after expressly provided, every contract involving an expenditure of more than Twenty-five Thousand Dollars ($25 ,000 ) for the con- struction or improvement (excluding maintenance and repair) of public buildings , works , streets , drains , sewers , utilities , parks and playgrounds , and each separate purchase of materials or sup- lies for the same , where the expenditure required for such pur- chase shall exceed the sum of Twenty-five Thousand Dollars ($25 , 000 ) , shall be let to the lowest responsible bidder after no- tice 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 Dollars ($25 ,000 ) , the City Council may declare and de- termine that in its opinion, the work in question may be performed better or more economically by the City with its own employees , c-21 or that the materials or supplies may be purchased at a lower price in the open market , and after the adoption of a resolu- tion to this effect by the affirmative vote of a majority of the total members of the City Council , it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum. of Twenty-five Thousand Dollars ($25 , 000) may be let and purchases exceeding the sum of Twenty-five Thousand Dollars ( $25 ,000 ) 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 ex- cepted 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 nec- essary. Such audits shall be made by a certified public ac- countant or firm of such accountants who have no personal in- terest , direct or indirect , in the fiscal affairs of the City government or any of its officers . The Council may , without re- quiring competitive bids , designate such accountant or firm an- nually 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 dis- tributed 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. c-22 ARTICLE VII ELECTIONS Section 700 . GENERAL MUNICIPAL ELECTIONS . General munic- ipal elections shall be held in the City on the first Tuesday in November in each even-numbered year. Section 701 . SPECIAL MUNICIPAL ELECTIONS. All other mu- nicipal 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 elec- tions shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now ex- ists 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 mu- nicipal 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 cur- rent 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 . - c-�3 . Section 801 . DEFINITIONS . Unless the provisions or the context otherwise requires , as used in this Charter: i (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 conviction by a fine not exceeding Five Hundred Dollars ( $500 ) 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-24 MEASURE D A. A PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Section 300 to read as follows: Section 300. CITY COUNCIL, ATTORNEY, 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 suc- cessors qualify. Subject to the provisions of this Charter, the five members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified, and shall constitute the City Council until two ad- ditional members are elected as hereinafter provided. Four members of the City Council shall be elected at the general municipal election held in April, 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April, 1968, and each fourth year thereafter. P}e-peeseR-eka}}-He-a}ae�ed-se-s-xierxbe� e€-eke-6#��-6eape#}-€ep-x+eee-�l�er�-��te-esRaeeut#rye-bep�xa-s�t�-ee �eesee-wke-sae-bee�a-a-raerx�e�-€ee-�xe�e-Ikea-twe-�es�s-a€-s-�eex+ ke-wk�#ek-eerae-e�ke�-pepsew-wes-e}eeke�-s-�text�ee-ske}}-�e-a}ae�ed 8e-eke-6#��-6eape#}-x�eee-�kse-eae-€et��ke�+-eetseeett�#ate-�ePxlr In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two members of the City Council are then elected, a special election shall be called and held not less than sixty (60) nor more than ninety (90) days after the effective date of this Charter to elect two additional members of the City Council for the remainder of the terms expiring in April, 1970. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expira- tion 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 April, 1968, and each 1. %- to fourth year thereafter. A City Attorney shall be elected in April, 1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. 2. MEASURE E PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by repealing section 310, and amending sections 300 and 403 to read as follows: Section 300. CITY COUNCIL, ATTORNEY, GLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a-G4!4y-61e1'ks 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 five members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified, and shall constitute the City Council until two ad- ditional members are elected as hereinafter provided. Four members of the City Council shall be elected at the general municipal election held in April, 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April, 1968, and each fourth year thereafter. No person shall be elected as a mem- ber 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 consecu- tive term. In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two members of the City Council are then elected, a special election shall be called and held not less than sixty (60) nor more than ninety (90) days after the effective date of this Charter to elect two ad- ditional members of the City Council for the remainder of the terms expiring in April, 1970. Subject to the provisions of this Charter, the 8lt�Y-61e1'kT City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expira- tion of their respective terms and the qualification of their successors. A 64!4y-G19Pk-eadCity Treasurer shall be elected 1. at the general municii, election held in April, 1968, and each fourth year thereafter. A City Attorney shall be elected in April, 1966, and each fourth year thereafter. The term of each member of the City Council, 4he-614y 6lerkT the City Treasurer and the City Attorney shall com- mence on the first Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. seat#eR-3�6r--6#`€�-S�SRKr--gBW$FFS-AW8-B8'€#$Sr--`#'he-8#tyi 6#erk-aha##-have-46he-pewer-and-she##-be-re�a#red-te+ {B}--Attend-&��-FNeet#Rg6-9€-the-6#��-6eaRe#�-lkR�@aB-B*- eseedT-and-be-rea�eRB#b#e-€er-the-reeard#Rg-end-x+e#Rte#R#Rg-e€ e-€a##-end-trae-reeerd-a€-a##-s€-the-pressed#Rge-e€-the-6#tyi 6eawe##-#R-beaks-tket-she##-hear-egprepr#ate-�#�#eB-end-be-da- veted-te-sash-psrgeaer 4b}--A4a#Rte#R-Begerete-beekBT-#R-wh#eh-she##-be-reeerded reepeet#ve#y-a##-erd#ReReea-and-r��e�at#eRaT-w#th-the-eert#€#- eate-e€-the-6 lei-k-aRRe*ed-te-eaek-theree€-stet#Rg-the-salae-te be-the-er#g#Ra#-er-a-eerreet-eepy�T-and-aB-te-aR-erd#Renee-re- Qa#r#Rg-jiab�#aBt#6AT-Btat#Rg-thB�s-the-BaFRe-haB-been-�ab�#Bhad er-peated-#R-aaeerdaRee-w#th-th#a-6harter. ke}--P9s#Rbe#R-Sep arate-reaerds-9€-all-wr#tteR-eeRtraeta and-a€€#e#3�-beRdBr {d}--Kseg-a}#-bsekB-and-reeerdB-#R-h#a-geaBeaa#eR-Prager#yr #Rde*ad-and-OP an-te-1aab##B-#RBpeak.#eR-wheR-Reb-In -aetaa#-user Ee}--8e-the-eaBted�eR-e€-the-aea�-e€-the-6#t$T F€}--Ad�x#R#star-esthB-er-a€€#meat#eRBT-take-a€€#daV#ta-and end-degas#t#eRe-parts#R#Rg-te-the-a€€a#ra-end-baB#Rase-e€-the 6#ty�-end-Bert#€y-esg#eB-a€-a€€#e#e#-reeerda� Eg}__Be-a*-s€€#e#s-ABBeaserT-aR#eaB-the-6#ty�-8euwe#}T-has eve##ed-#tae#€T-er-deeB-#R-tHe-€stare-eve##-#tse#€T-e€-the-gre- v4a4eRa-s€-the-gewera}_#awB_e€-the-State-re#at#ve-te-the-eaaesa- reeRt-a€-Hrepertyc-end-t}�e-Be##set#eR-a€-6#ty-to*ea-by<-eeaRty� e€€#eeraT-er-aR#eaB-the-6#ty-6esRe##-byi-erd#Renee- rev#des-ether- w#0er {h}--gave-sharps-a€-a}#_g#tyT_e#set#ena� �44--gar€errs-eaeh-ether-dat#eB-9eRB#BteRt-w#th-th#e-6herter sa-reed-be-reQu#red-b�-erd#Ranee-er-rase#at#en-e€-the-6#tyF-6eune##� 2. 6eawe##T-eggs#RYa-aaeH-�ega��-e�-�egLtb#ea-�@-sea#a�-k1#�x-@�-&et €ems-k#txT-e�-ettek�-as#ate#ea-e�-eerageaae�#apt-ea-tke-6etttae##-a�ey-�y ard#wewee-er-�eae#�t�#ek-p�eaa�#ber Section 403. PERSONNEL. In addition to the City Council, a-6#k -S#e�kT a City Treasurer, a City Attorney and City Administrator, the officers and employees of the City shall con- sist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such officers, officials and employees except as herein pro- vided. 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 estab- lishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be fol- lowed in advancement, demotion, suspension and discharge of em- ployees 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 ordi- nances the City Council may amend the system or the list of ap- pointive officers and employees included within the system, pro- vided, 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 ap- proval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. 3. MEASURE F PROPOSED CHARTER AMENDMENT The Cbarter of the City of Huntington Beach is hereby amended by repealing Section 311, and amending Sections 300 and 403 to read as follows: Section 300. CITY COUNCIL, ATTORNEY, AND CLERK.AND-TRBASURERr TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter, the five members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified, and shall constitute the City Council until two ad- ditional members are elected as hereinafter provided. Four members of the City Council shall be elected at the general municipal election held in April, 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in April, 1968, and each fourth year thereafter. No person shall be elected as a mem- ber 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 consecu- tive term. In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two members of the City Council are then elected, a special election shall be called and held not less than sixty (60) nor more than ninety (90) days after the effective date of this Charter to elect two ad- ditional members of the City Council for the remainder of the terms expiring in April, 1970. Subject to the provisions of this Charter, the City Clerk, 6#k -�F�eeettrer and City Attorney in office at the time this Cbarter takes effect shall continue in office until the expira- tion of their respective terms and the qualification of their successors. A City Clerk shall be elected 1. *► at the general municipal election held in April, 1968, and each fourth year thereafter. A City Attorney shall be elected in April, 1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, bke-6#� -�reaettrer and the City Attorney shall commence on the first Monday following his election. Ties in voting among candi- dates for office shall be settled by the casting of lots. Seatlan-3}}r--6#� -�RBRSSRBRT--F9WBRS-RPIB-B8�#BST--eke-S#� Preaexrer-eha}} bhe-pewee am4-shs} 11-e4-t0e �e3--Rees#ve-eA-bake#€-e€-bke-a#��-s}}_tgeess-eefie66AleAteT }#eswee-€sae-&A�-ebke3�-reveA�eaa-a€-tke-6#tys-er-€er-tke-ae}}ee- k#nA-a€-wh#ek-tke-8#ty-#e-re®pews#b}es-aA�-reee#ve-s}}-tees-eP ai;ker-afewey-reee#�&b}e-by-tke-6#ty-€Tern-tke-6eawtys-State-er Febera}-geverAa+eAkes-er-€sea+-awy-eearts-er-€taro-aAy-a€€#eep department-ev-agemey-e€-16he-814yT be-er-r►Ader-eeAtre#-a€-bhe-6#i:y-er-ewy-e€€#ass-bagertrnewt-er agewey-e€-tke-6#ty-geverAareAt-ewb-begea#t-er-eaaee-te-be-�s- �ee#tab-a}}-€r�wbe-eeai#wg-#Abe-k#s-keABs-#A-soak-�eges#berg-se stay-be-bee#gwated-by-rase}at#ew-a€-tke-6#ty-AeaAe#}s-ere-#€-Ae ertek-rase}at#6A-be-ebegte�s-tkew-#A-sttek-depee#tery-bee#�weteb #w-wr#b#Ag-by-bhe-6#ty-Rear#w#etraters-awb-#w-aerng}#awes-w#th e}}_e€-the-grev#s#ewe-s€-the-State-6sAst#bttt#ew-sAb-}awe-e€-the State-geverA#Ag-the-kaw(3}#wgT-4eges#t#wg-aA44-Soo ttr#wg-a€-gab##e €ew�eT 4e}--gay-ekt-a+sways-ew}�-ew-gregep-er�ere-er-werreAta-#A tke-raawwer-grew#fed-€er-#w-tk#s-6herterT ��}}__Etagere-awd-sdbra#t-to-tke-B#raster-a€-F#wawee-raeAtk}y wt#ttew-regatta-a€-e##-reee#gtss-�#abareeraeAta-aAb-€trwb-ba}eweees ewd-eke}}-€#}e-a®g#ea-e€-seek-tepetka-w#tk-tke-6#ty-Rolm#A#etteter aA F}-6#ty-Sel3Ae#}T Eel--Far€arm-et�ek-ether-der#ee-sews#eteAt-w#tk-tk#e-6hettet ee-may-be-tegtr#te4-by-etEl#AaRe&-et-rase}at Ion-8P-the-6#ty-6'er*we#}T The-64ty-Ipteasstet-aRay;-eeb�eet-te-tke-appteva}-e€-the-6#ty 6ettAe#}p-epge#At,-ar�ek-bepeSy-er-4ep"#ee-4e-ass#st-k#fa-er-aet €et-h#ra;-et-sash-ea}at#es-et-esargeAeek#eA-ae-the-6ertwe#}-raay-by eta#wawee-er-reee}at#ew-gteset#beT Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Attorney and City Administrator, the officers and employees of the City shall con- 2. sist 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 resolu- tion 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 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 qualifica- tions for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public ser- vice. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subse- quent 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 withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. 3. MEASURE G PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Section 310 to read as follows: Section 310. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless ex- cused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certifi- cate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance re- quiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths and 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 as- sessment 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. 1. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. 'The minimum qualifications for the position of City Clerk shall be relevant work experience which demonstrates record management skills and practice of administrative procedures. 2. to MEASURE H PROPOSED CHARTER AMENDMENT The Charter of the City of Huntington Beach is hereby amended by amending Section 311 to read as follows: Section 311, CITY TREASURER. POWERS AND DUTIES. 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 collec- tion 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 de- posited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall bea B.A. degree in an area related to fiscal management or a combination of education and experience which demonstrates 1. ability to invest and count for moneys and which demonstrates knowledge oP gene�princip es and practices o Financial management. 2.