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November 2, 2010 - General Municipal Election - Declaring El
e I• - B • • -•- • •-♦ Ln 111 IL _ • • •S fir. a r1] Postage $ Certified Fee rq Postmark E:I Return Receipt Fee Here C7 (Endorsement Required) C3 Restricted Delivery Fee r (Endorsement Required) O L! Total Postage&Fees $ C3 Sent To n Tom_-Daly,___County_-_Recorder-_-_-Rosa_-Chave- Street,Apt No.; orposoxNo. 12 Civic Center Plaza #101 --------------------------------------------------------------------------------------- Aan d"WAa, CA 92701-4072 ® ® , m leteitems 1 2 and 3 .l 1 A.". rgna re p .Aso compete , item 4 if Restricted Delivery is desired. Ag t i Print your name.and address on the reverse Ad ressee so that we can return the card to you. B. eiv lint le'. C. Date of DeliveryM Attachthis card to the back of the mailpiece, 7! � j or on the front if space permits. t v 1. Article Addressed to- D. is delivery address different from item 1? ❑ es If YES,enter delivery address below: ❑No Tom Daly, County Recorder County of Orange Attention: Rosa Chavez 12 Civic Center Plaza #101 3. Service Type Santa Ana, CA 92701-4072 Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑"Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ^ " " (Transfer from--;'ceiabeq 7008 0500 0021 8217 7725 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 d "Q ® 0 0 0 0 ® Complete defris 1 2;"and 3 Atso Complete A � Item,4 rf Restricted Delivery isdesired: V O Agent ->• Pnnt your<riairte and address_on f#a reverse ®- .Addressee so that uve can return the Bard#o, Recei IName)-: C.,Date of Delivery o Attach this card to;th�bac7c of=the rnailpiece, or onAhe front if space permits: D.ilsdeliv rent from item.l? 0Yes 1. Article Addressed to"- if " delivery address below: ❑No. Debra 'Bowen . Secrvtar y of State: State of California 1500 lltfi Street , 3. [vice ype Sacramentor,t CA 95814 T Cer4ifiecJMail 0 Registered ❑Returrt pt foi Merchandise 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 0 0 8 0 5�0 00 al 8218 5416. (frarisier from service label) PS Form 3811,February 2004 Domestic Reture; 102595-02-M-1s40 1 UNITED STATES POSTAL SERVICE First Class Mail Postage&Fees Paid LISPS Permit No.G-10 1 Sender: Please.print your name, address,and ZIP+4 in this box ° JOAN L_FLYNN CITY CLERK CITY OF HUNTINGTON BEACH h ttR:t;www,surfctty-hb.org P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 i�}lti##I3.�3:i�S}i�i}jI.3}13��i3}ii#!7}i7i3113}}�}i33li-'r#}-}iti�l , f City ®f Huntington Beach ' 2000 Main Street . Huntington Beach, CA 92648 ® OFFICE OF THE'CITY CLERIC JOAN L. FLYNN CITY CLERK January 13, 2011 Tom Daly, County Recorder County of Orange 12 Civic Center Plaza#101 Santa Ana, CA 92701-4072 ATTENTION: Rosa Chavez SUBJECT: Transmittal of a Copy of Revised City Charter Documentation Pursuant to Recent Election Results _ Dear Ms. Chavez: Enclosed please find a copy of documents to be filed with the County Recorder in accordance with Government Code Section 34460 and pursuant to a General Municipal Election held in the City of Huntington Beach on the 2"d day of November, 2010. The original documentation has been sent to the Secretary of State of California for certification. This same documentation was initially sent to you on December 15, 2010 and your office recorded it and sent it back to us. Since the copy we sent to you needs to be received and filed by your office according to the above-mentioned government code section instead of being recorded and returned to us, I am sending it back to you for that purpose. Thank you for your attention to this matter. Sincerely, Joar. Flynn, CMC, M Cit Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:79 4-536-5227) y Clerk Hun eac r�n�±rvemh s�nc�, t 0 Tom Daly, County Recorder County of Orange Attention: Rosa. Chavez 12 Civic Center Plaza #101 Santa Ana, CA 92701-4072 S S O 0 O O 0 ® Complete items 1,2,and 3.Also complete A`Signature I item 4 if.Restricted`Delivery is desired. ❑Agent E Print your name and address on the reverse ❑Addres� so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery I M Attach this card to the back of the mailpiece, , or on the front if space permits. D. is delivery address different from item 1? ❑Yes ! 1. Article Addressed to: If YES,enter delivery address below: ❑No 1 Tom Daly,. County Recorder County of Orange Attention: Rosa Chavez i 12 Civic Center Plaza #101 s. service Type Santa Ana, CA 92701-4072 Of Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number lop A (� 0�/1 j� 0 0 A 1 9�i 7 17 1� (Transfer from service labeq V tl o U {/ V (f PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15401 I UNITED STATES POSTAL SERVICE j S P First-Class Mail I y; Postage&Fees Paid I ! 1 USPS Permit No.G-10 I I d I ° Sender: Please print your name, address,and ZIP+4 in this box 1 I I I I JOAN L_FLYNN CITY CLERK I I CITY OF HUNTINGTON BEACH i http://www.surfcity-hb.org I P O BOX 190-2000 MAIN STREET I I HUNTINGTON BEACH CA 92648 I ! I I i I i I I I I I I 1 I I I I ,. Resolution No. 2010-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election,in time,form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 7,2010. Ma AP ROVED AS TO FORM: :::C* �Attom (p e/ •`� INITIATE V WED AND APPROVED: Ci y Adminis r 2 09-2312/48429 Exhibit"A",Resolution No.2010-41 ' BIT A PROPOSED CHARTER AMENDMENT NO. 1,REVISING AND RESTATING THE CHARTER OF THE CITY OF HUNTINGTON BEACH-_(EXCLUDING CHANGES TO SECTION 617 RELATING TO THE INFRASTRUCTURE FUND) . 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 H. 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 3 09-23 1 2/4 84 29 MEASURE -N -Exhibit"A",Resolution No.20 M 41 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 Section 501. Emergency Ordinances Section 502.Resolutions Section 503. Publishing of Legal Notices ARTICLE V1. FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601. Annual Budget,Preparation by the City Administrator Section 602. Annual Budget_ Submission to the City Council Section 603.Annual Budget. Public Hearing Section 604. Annual Budget.Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609.Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public Works Section 615. Granting of Franchise_ s Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative,Referendum and Recall Section 704.Nomination Papers ARTICLE V111.MISCELLANEOUS Section 800.Transition Section 801. Definitions 4 09-2312/48429 Exhibit"A",Resolution No.2010-41 Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review CHARTER We,the people of the City of Huntington Beach,State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values_Through the enactment of this Charter as the fimdamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL.The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid,the remainder of the Charter and the application of such provision to other persons or circumstances,shall not 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 s 0 9-2 3 1214 84 29 Exhibit W,Resolution No.201041 cooperation,by contract or otherwise, with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council Manager form of government. ARTICLE ffi ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which.some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this .Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter..A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general . election in which a qualified candidate is elected. Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shalt be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION.The members of the City-Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive 6 09-2312/48429 Exhibit"A",Resolution No.2010-41 reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted No other business shall be considered at such meeting.If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. 7 09-2312l48429 Exhibit"A",Resolution No.2010-41 (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER- .._ __,. .(a) Quorum.A majority_of the_members of the-City Council shall constitute a quorum to do business.but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council- (b) Proceedings.The City.Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns.Each member of the.City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it.Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution,litigation or other legal matter or business. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office.of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes;shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such capacity at the pleasure of the City Council. 8 09-2312/48429 " Exhibit"N,Resolution No.2010-41 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-aINTERFERENCE WITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council.shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative-service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.CITY ATTORNEY.POWERS AND DUTIES_To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.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. 9 09-2312148429 Exhibit W,Resolution No.2010-41 (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee,in any or all civil actions or proceedings in which such-officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity- (d) Attend all regular meetings of the City Council,unless'excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) - Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary- (i) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. 0)Assist and cooperate with the City Manager consistent with Section.403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City_ Section 310. CITY CLEF. PONW S AND DUTIES.To become and remain eligible for City Clerk,the person elected or appointed shall have a bachelors degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. to 09-23 t2l49429 Exhibit W,Resolution No.201041 (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian_of the seal.of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records- (g) Be ex ofFicio Assessor,unless the City Council,has availed itself;or does in the . future avail itself,of the provisions of the general laws of the State relative to the assessment of properly 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. {j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASUREk.PONVERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance, business,or public administration;or A Bachelor's Degree in accounting, finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor;within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County,State or Federal governments,or from any court,or from any office,department or agency of the City. (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 it 09-2312/48429 Exhibit"A",Resolution No.2010-41 deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (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 and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST,NEPOTISM. 12 09-2312148429 Exhibit"A",.Resolution No.201041 (a) Conflict of Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City.Council,nor.shall.the.City Manager.or any.department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision;however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL, Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL,. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided,however,that the person occupying the office shall not be removed from office except as herein provided- (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At.any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his 13 09-2312J48429 Exhibit"A",Resolution No.2010-41 compensation shall continue until removal as herein provided.In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all Pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES.Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase,inspection, storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (i)Perform such other duties consistent with this Charter as may be required by the City Council. 14 09-2 3 1 2/48429 Exhibit"A",Resolution No.201041 Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads.of the City to serve as Acting City Manager.In the event the City Manager fails to make such appointment,such appointment may be made by the City Council. Section 403.PERSONNEL.In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers,assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance-or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers.designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement,demotion,suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system.The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404. RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactmnent.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 15 09-2312/48429 Exlubit"A",Resolution No.2010-41 follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction.In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered.The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing-sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose.Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation,or fixing the rate of property taxation,or levying the annual tax upon property- (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein;however,such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption_ Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. 16 09-2312148429 Exhibit"N',Resolution No.201041 Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety,and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect _immediately.upon adoption_if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITYMANAGER-At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL.The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.TUBLIC 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. 17 09-2312148429 . Exhibit"A",Resolution No.201041 Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last.day of the fiscal year it shall.adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect -forte_ensuing fiscal year..Copies_thereof,certified.by the City Clerk,shall be filed.with the City Manager,Director of Finance,City.Treasurer and the person retained by the City Council to perform the post audit fimction,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 18 09-2312148429 Exhibit W,Resolution No.210 10-41 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.lev_.ies;in_a"tion.to the.above and not subject to.the.above limitation, may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit;parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed-$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 605.VOTE REQUIRED FOR TX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied,enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section- This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the-City for the cost of performing any regulatory function of the City under its police power in connection with the City`s duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL.ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. 19 09-2312148429 Exhibit W,Resolution No.2010-41 Section 611.REVENUE BONS.Bonds which are payable only out of such revenues,other than taxes,as may be specified in such bonds,may be issued when the City Council by - ordinance shall have established a procedure for the issuance of such-bonds. Such bonds,payable only out of revenues,shall not constitute an indebtedness or general obligation of the City.No such bonds_payable out of revenues-shall be issued without the.assent-of_the majority.of the. voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be-competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds;for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions-upon transfer out of such fund,and other appropriate covenants.Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other fiends 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.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a-majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease, franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND 20 09-2312/48429 Exhibit"A",Resolution No.2010-41 - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part,subpart,paragraph,clause of phrase of this amendment,or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts, subparts,paragraphs, clauses or phrases-shall not be affected but shalt remain in full force and effect. Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council.Exceptions to this procedure are as follows- (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment, materials,supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended,and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers,utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the 21 09-2312148429 Exhibit W,Resolution No.2010-41 amount set by ordinance,shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids,or if no bids are receiyed,or without advertising for bids.if the total amount . of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest,direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may,without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said_term is defined in this paragraph,shall be placed in a separate fund 22 09-2312/48429 Exhibit W,Resolution No.2010-41 entitled"Infrastructure Fund."The term"Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm drains,storm waxer pump stations,alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach facilities, playgrounds,.traffic signals,streetlights,block walls along arterial highways,and all public buildings and publicways.Interest earned.on monies_in the Infrastructure_Fund.shail.accrue-to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,.including construction,design,engineering,project management, inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%.Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-.(5)year rolling average- (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS.General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in.each even numbered year. Section 701.SPECIAL.MUNICIPAL ELECTIONS.All other municipal elections that may be , held by authority of this Charter,or of any law,shall lie known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, for the holding of municipal elections,so far as the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers.The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 23 0 9-23 1 2/4 8 42 9 Exhibit W,Resolution No.2010-41 ARTICLE VIH MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive.of the City shall continue to hold such offices until the completion of.their.current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith,are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall'is mandatory,and"may" is permissive. (b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency," "officer,"or"employee"is a department,board,commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State"is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802. VIOLATIONS.The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION I[EASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real 24 09-2312/48429 Exhibit`°A",Resolution No.2010-41 property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or -may be situated for use as a home,residence or sleeping place. .(c) This Section 803 shall not apply-to: (1) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804.CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. 25 09-2312/48429 Complete Text of Amendment to Charter Section 617 (Measure O - Failed) No . RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACII ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS, a General Municipal Election on Tuesday,November 2, 2010 has been called by City Council Resolution No. 2010-34, adopted on June 7, 2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund; and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach does resolve,declare, determine and order as follows: SECTION 1. That the City Council,pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1,revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved?" No "Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund,as set forth in the proposed measure be approved?" No 1 09-2312/48429 Resolution No. 2010-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 7,2010. Ma AI�ROVED AS TO FORM: C- Attorn y (p.1?.L6 INITIATE V EWED AND APPROVED: ,- //1 Giry Administr r 2 09-2312/48429 - Exhibit"A",Resolution No.201041 PROPOSED CHARTER AMENDMENT NO.2 AMENDING SECTION 617 OF THE CHARTER OF THE CITY OF HUNTINGTON BEACH RELATING TO THE INFRASTRUCTURE FUND Section 617.INFRASTRUCTURE-FUND. The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains, storm water pump stations, alleys, streets,highways,curbs and gutters, sidewalks, bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways. All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said term is defined in this section,.shall be placed in a separate fund entitled "Infrastructure Fund."Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design,engineering,project management,inspection,contract administration and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Expenditures for infrastructure improvements and maintenance,shall not be reduced below 15% of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five(5)year period of 1996 to 2001,is and was 14.95%.Upon adoption of the 2017/2018 budget,debt service,or any other indirect costs,shall not be included in the 15% calculation of the general fund expenditures for infrastructure improvements,repair and maintenance. Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall present a report its findings to the City Council at a noticed public hearing prior to adoption of the following fiscal-year budget. 26 09-2312/48429 Res. No. 2010-41 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None Cit Jerk and ex-officiolVerk of the City Council of the City of Huntington Beach, California Certified Copy of the Official Sample Ballot&Voter Pamphlet i tt`* NEAL KELLEY Registrar of Voters = REGISTRAR OF VOTERS Mailing Address 1300 South Grand Avenue,Bldg.C P.O.Box 11298 Santa Ana,California 92705 Santa Ana,California 92711 (714)567 7600 TDD(714)567-7608 FAX(714)567 7627 WWW ocvote.00m Dear Orange County Voter. This Sample Ballot contains information for the November 2, 2010 General Election. Please take a moment to be prepared prior to voting. ✓ Vote-by-Mail: You can save time and vote-by-mail. The last day to request a vote-by-mail ballot is October 26, 2010. You may request a vote-by-mail ballot by using the application found on the back of this pamphlet or by visiting ocvote.com/mail. ✓ Polling Place: If you choose to vote at your polling place please plan ahead. Parking is limited at some locations and you can avoid congestion by voting mid-day if possible. You will have the option of voting an electronic or paper ballot at the polls. Simply.advise the poll worker of your preference when signing the roster. ✓ Questions: if you have any questions about the November 2, 2010 General Election you may visit ocvote.com/november or call 1-888-OCVOTES(1-888-628-6837). Successful elections cannot happen without YOU! We need poll workers for this and future elections. Many need to be bilingual in Chinese, Korean, Spanish or Vietnamese. Please call 1-866-551-VOTE(1-866-551-8683)or visit ocvote.com/volunteer and sign-up today! Our mission is to serve the registered voters of Orange County in a uniform, consistent and accessible manner with the highest level of integrity. We look forward to counting your vote and giving you another successful election. Sincerely, Neal Kelley Registrar of Voters VOTER'S PAMPHLET The following pages may contain CANDIDATES'STATEMENTS together with BALLOT MEASURES, THAT MAY INCLUDE THE TEXT, IMPARTIAL ANALYSIS, FISCAL IMPACT STATEMENT, TAX RATE STATEMENT AND ARGUMENTS. (whichever is applicable to your ballot) A complete list of candidates appears on the sample ballot. However, this pamphlet may not contain a candidate statement for each candidate. Candidates' statements in this pamphlet are volunteered by the candidates and are printed at the expense of the candidates unless otherwise determined by the governing body. CANDIDATES' STATEMENTS AND MEASURE DOCUMENTS ARE PRINTED EXACTLY AS SUBMITTED.CITY CANDIDATES'STATEMENTSAND MEASURE DOCUMENTSARE FILED AND ACCEPTED BY CITY CLERICS. SCHOOL AND SPECIAL DISTRICT CANDI- DATES'STATEMENTS AND MEASURE DOCUMENTS ARE FILED AND ACCEPTED BY THE REGISTRAR OF VOTERS OFFICE. ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE PROPOSED LAWS ARE THE OPINIONS OF THE AUTHORS. OCVOTE.COM ORANGE COUNTY REGISTRAR Of VOTERS 1 1 300 South Grand Avenue I Building C I Santa Ana,CA 92705 1 714.567.7600 HOW TO USE THIS SAMPLE BALLOT PAMPHLET All of the 2010 General Election information is contained in this pamphlet. By using these instructions as a guide, read through this pamphlet to assist you in making your decisions on how to vote at the polls or by a vote-by-mail ballot. Review it, Mark it, and Take it with you to your polling place. What is Included in this Sample Ballot? • Instructions for voting at the polls, either on the eSlate or paper ballot; • A sample ballot; • How to become a poll worker, • Voting options information; • Candidate Statements(if applicable)—Located after the ballot pages; and • Local measures(if applicable)—Following the Candidate Statements; they may include: Text, Impartial Analysis, Tax Rate Statement, and Arguments Pro and Con. INFORMATION FOR VOTERS. . •VOTING OPTIONS What do 1 do if 1 have Moved? If you moved within Orange County and have not re-registered at your new address,you may vote and re- register for future elections EITHER at the Registrar of Voters office OR at the polling place for your new address on Election Day. To confirm your registration status, go to ocvote.com/verify. How do 1 request a Vote-by-Mail Ballot? A Permanent Vote-by Mail Voter does not need to request a ballot; one will be mailed shortly to those voters. Those who are NOT Permanent Vote-by-Mail Voters may complete and return the"Application for a Vote-by-Mail Ballot" printed on the back cover to request a vote-by-mail ballot for the 2010 General Election. If you wish to become a Permanent Vote-by-Mail Voter,check the"Permanent Vote-by-Mail Voter" box on the application to receive a ballot automatically for future elections. NOTE: The application may be mailed or faxed, (714) 567-5100, to the Registrar of Voters office.A one-time vote-by-mail application is also available online at ocvote.com/mail. The application must be received no later than October 26, 2010. Be sure to sign your application. How do 1 Return my Vote-by-Mail Ballot? • Your vote-by-mail ballot may be returned by mail or in person to the Registrar of Voters office or to any polling place in Orange County. • If you are unable to personally return your voted ballot, you may designate one of the following to return it for you: Spouse, child, parent, grandparent, grandchild, brother, sister, or anyone residing in your house. State law requires the poll worker to verify that the ballot envelope is felled out properly prior to depositing it in the ballot box. OCVOTE.COM ORANGE COUNTY REGISTRAR OF VOTERS 11300 South Grand Avenue I Building C I Santa Ana,CA 92705 1714.567.7600 WHERE DO I' FI,ND INFORMATION O THE STATE PROPOSITIONS? Information on the State propositions is included in the State Voter Information Guide prodded by the Secretary of State. Or go to the California Secretary of State's website at sos.ca.gov for summary, text, arguments and analysis of each of the State propositions. �.Y CALIFORNIA REPUBLIC OCVOTE.COM ORANGE COUNTY REGISTRAR OF VOTERS( 1 300 South Grand Avenue Building C I Santa Ana,CA 92705 1714.567.7600 SERVE AS A POLLWORKER ON ELECTION DAY s> e The Registrar of Voters needs a helping hand. By volunteering,you can provide a valuable community service and make a priceless contribution to the American electoral process. There are plenty of ways to get involved. Polling Place Inspectors, Polling Place Clerks, Election Day Coordinators, Collection Center Workers, and Election Night Tally Center Crewmembers all play a vital role in ensuring that Orange County's elections are accurate, efficient, and successful. You will receive a stipend for your services. For more information regarding positions and to sign-up online,go to ocvote_comtvolunteer.Or you may call 1-714-954-1901. It's easy to sign-up.Just return the postcard on the back cover of this pamphlet and the Registrar of Voters' office will contact you in the near future. 0CV® a ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue 1 Building C I Santa Ana, CA 92705 1 714-567.7600 EINSSTRUCTIONS TO VOTEKNI el Voting Electronicail�r at the Polls: To vote for a candidate whose name appears on the ballot,turn the select wheel to move the blue bar to highlight your choice and press the ENTER button.Where two or more candidates for the same office are to be elected,turn the select wheel to move the blue bar to highlight your choice and press the ENTER button. Follow this process for each candidate for whom you desire to vote in that contest.The electronic system will not allow the voter to vote for more than the number of candidates to be elected. To vote for a qualified write-in candidate,turn the select wheel to move the blue bar to highlight the blank space provided for that purpose after the names of the other candidates for the same office and press the ENTER button to type the person's name. To vote on any measure,turn the select wheel to move the blue bar to highlight your choice in the voting square to the left of the word"Yes"or to the left of the word"No"and press the ENTER button. Voting on a Paver Ballot at the Polls: To vote for a candidate whose name appears on the ballot,using a black or blue pen provided, completely fill in the rectangle to the left of the candidate's name_Where two or more candidates for the same office are to be elected,completely fill in the rectangle to the left of the names of all candidates for the office for whom you desire to vote, not to exceed, however,the number of candidates to be elected. To vote for a qualified write-in candidate,write the person's name in the blank space provided for that purpose after the names of the other candidates for the same office. Be sure to completely fill in the rectangle to the left of the line. DO NOT write in a name that is already printed on the ballot.DO NOT fill in the rectangle to the left of the write-in line if you do not write a qualified write-in candidate's name on the line. To vote on any measure,completely fill in the rectangle to the left of the word"Yes"or to the left of the word "No". If you incorrectly mark,tear or deface your ballot,return it to a precinct board member and obtain another. Do not sign or initial your ballot.Signature and initials will void your ballot.All distinguishing marks and erasures are forbidden and make the ballot void. Vote for only one selection for each contest, unless otherwise indicated. Once you have finished voting, place your ballot in the secrecy folder provided and return it to a precinct board member,who will deposit your voted ballot into the ballot box. Example: FOR GOVERNOR Vote for One ❑ THOMAS A. EDISON ❑ ALBERT EINSTEIN ❑ HELEN KELLER ® FLORENCE NIGHTINGALE ❑ BOOKER T. WASHINGTON ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue I Building C I Santa Ana, CA 92705 1714.567.7600 Vote Both Sides ® General Election OFFICIAL BALLOT =� Orange County ® November 02,2010 Secretary of State Atiomey Gertand Vote for One vote for One ® CHRISTINA TOBIN 01ANE BEALL TEMPLIN raorro Libertarian American Independent Voting Rights Advocate A*miey/RE Broker ® MARYLOU CABRAI Im STEVE COOLEY ®_ Peace and Freedom Republican Community Volunteer DistrictAitomey,County of Los Angeles L� DEBRABOWEN ROBERTJ.EVANS Democratic Peace and Freedom Secretary of State Criminal Defense Lawyer m MERTON D.SHORT PETER ALLEN OAmerican Independent Green OAviator EnvironmentalEnergy Attorney ®ANN MENASCHE ®KAMALA D.HARMS O Green Democratic STATE OF CALIFORNIA Civil Rights Attorney District Attorney.City and County of O DAMON DUNN San Francisco O GO1PBfrror Republican ®TIMOTHY J.HANNAN f V vote for One Small Business Owner Libertarian Im LAURA WELLS ® Attomey/Arbitrator/Mediator Green Financial Systems Consultant MEG WHITMAN Control Republican V(te for One Insurance Comm Businesswoman JOHN CHIANG Vote for One DALE F.OGDEN Democratic RICHARD S.BRONSTEIN I-bertarian Controller Libertarian Business Consultant/Actuary LAWRENCE G-BELIZ licensed Insurance Broker C ®JERRY BROWN American Independent WILLIAM BALDERSTON Democratic Independent Businessman Green Attorney General of California ROSS D.FRANKEL Teacher/Union Organizer m d CHELENE NIGHTINGALE Green C3 DAVE JONES AmerAccountant Democratic Buser s Independent Member,California State Assembly g Business Owner ANOREW"ANDY"FAVOR CARLOS ALVAREZ Libertarian C3 MIKE ViLLINES Peace and Freedom Certified Public Accountant Republican Retail Worker TONY STRICKLAND BuslnnessmarYState Assemblyman Republican CLAY PEDERSEN State Senator/Businessman American Independent ®KAREN MARTINEZ Retail Manager Lieutenant Governor Peace and Freedom DINA JOSEPHINE PADILLA Vote for One Retired Peace and Freedom DAMES"JIMI"CASTILLO ® injured Worker Consultant Green Cultural Spiritual Advso Im C.T.WEBER Treasurer Peace and Freedom Vote for One Member,State Board of Equalization Retired Government Analyst DEBRA L ROGER 3fd District JIM KING Peace and Freedom Vote for One American Independent Retired Technology Manager JERRY L DIXON Real Estate Broker EDWARD M.TEYSSIER Libertarian O Certified Public Accountant cr) PAMELAJ.BROWN Libertartan Libertarian Business Owner/Alomey MARY CHRISTIAN HOSING M Economics Professor CHARLES"KIT Democratic CRI3TENDEN O Retired Businesswoman C) GAVIN NEWSOM Green O Democratic Retired Professor ®TERRI LUSSENHEIDE Mayor,City and County of MIMI WALTERS American Independent San Francisco Republican Horne School Teacher ABEL MALDONADO Businesswoman C3 MARY LOU FINLEY Republican ®BILL LOCKYER Peace and Freedom Senator/Businessman/Farmer Democratic Special Education Assistant California State Treasurer E3 MICHELLE STEEL ® Republican ROBERT LAUTEN Re Pu ® American Independent Member,Board of EqualizationMom r® Vote Both Sides Vote Both Sides General Election OFFICIAL BALLOT Orange County ®_ November 02,2010 -• UNITED STATES SENATOR For Associate Justice of the Supreme Court COAST COMMUNITY COLLEGE DwFUcT Vote for One For Associate Justice of the Supreme Court Gumming Board Member.Trustee Area f ® shaft Associate Justice CARLOS R MORENO � DUANE ROBERTS Vob fur One be elected to the office for the term provided by Green SHANACHFUSTiNAJENKINS ® Community Volunteer lent? Community Volunteer 'affim 13ARBARA BOXER Ye JIM MORENO Democratic No Governing Board Member,Trustee United States Senator Area One,Coast Community College iAo GAIL K LIGHTFOOT For Presiding Justice Court of Appeal, District Libertarian 41h Appellate Dbtrld,DMsbnn i Retied Nurse For Presiding Justice of the Appellate Court M shall Presiding Justice JUDITH D. MARSHA FEINLAND MCCONNELL be elected to the office for the COAST COMMUNITY COLLEGE DISTRICT O Peace and Freedom term provided by lave. Board Member.Trustee Area b C:) Retired Teacher Gumming tV ®CARLY FIORINA Yes Vote for one C:) ND LYNNE FUDDLE 0 RepublicanBusiness Executive For Federal Judge to For Presiding Jusgce,Court of Appeal, DAVID A GRANT p =£DWARD C,NOONAN 4th Appellate Distri c,Division 2 Retired College President NAmerican Independent For Presiding Justice of the Appellate Court r Computer Store Owner shall Presiding Justice MANUEL A RAMIREZ BOB MOSLEY be elected to the office for the term provided by EducatorlRetred Policeman law? Yes UNITED STATES REPRESENTATIVE M NO 4611h District HUNTINGTON BEACH UNION HIGH SCHOOL Vote for One For Associate Justice,Court of Appeal. DISTRICT,Governing Board Member DANA ROHRABACHER 4th Appellate District Dhftlon 2 Vote for no more than Three Republican For Associate Justice of the Appellate Court ®ANJI CLEMENS _ US Representative,46th District shag Associate Justice CAROL D- Educator/Business Consultant Q KEN ARNOLD CODRINGTON be elected to the office for the BONNIE CASTREY Democratic terra provided by law? Governing Board Member,HuntirxJtan Business Systems Analyst Yes Beach Union High School District E3BRIAN GARLAND d NO Gumming Board Member,Huntington Q For Presiding Justice,Court ofAppeal. Beach Union High School District CL MEMBER OF THE STATE ASSEMBLY 4th Appellate District,Division 3 CHARLIE CHI MANH NGUYEN E ($ 67th Dislrtct For Presiding Justice of the Appellate Court Ergineel8rrsiness Owner (� Vote for One shall Presiding Justice DAVID G_SILLS be® KATHIEEN(KATHY)NERSON ROSALIND FREEMAN elected to the office for the term provided by Im Democratic lax/ Retired Teacher Retied Paralegal ®Yes TOM DERN JIM SIIVA Businessman ®� Republican Businessman/California Assemblyman For Associate Justice,Court of Appeal, 4th Appellate District Division 3 For Associate Justice of the Appellate Court shag Associate Justice WILLIAM W- JUDICIAL Vote yes or no fir each office BEDSWORTH be elected to the office for the term provided bylaw? For Chief Justice of the Supreme Court Yes For Chief Justice of the Supreme Court shall Grief Justice TANI G.CANTIL-SAKAUYE be NO elected to the office for the Term provided by law? For Associate Justice,Court of Appeal, 4th Appellate District,Division 3 r Yes For Associate Justice of the Appellate Court r NO shag Associate Justice EILEEN C.MOORE be elected to the office for the term provided by M For Associate Justice of the Supreme Court law? W For Associate Justice of the Supreme Court shag Associate Justice MING W.CHIN be Yes rim elected to the office for the term provided by E3 No ® law? SCHOOL ® Yes Superintendent of Public Instruction ® NO Vote for One Sam ® TOM TORLAKSON TeacherlCalifomia Legislator +� ®LARRYACEVES Retired School Superintendent e mom Vote Both Sides Vote Both Sides ®_ General Election OFFICIAL.BALLOT Orange Canty ®_ November 02,2010 OCEAN VIEW SCHOOL DISTRICT CITY OF HUNTINGTON BEACH ORANGE COUNTY WATER DISTRICT Governing Board Member Member,City Council Director,Division 8,Slit Terrn ® Votae fm mo more Bran Thee Vote for no mote Shan Four Vats for One e® ire BRIAN JOSEPH RODDEN BILL RORICK FELD(ROCHAJR. Businessman Business ExecutiveiEngineer Refired INS Agent ® C3 GEORGE W.CLEMENS C3 SHAWN ROSELIUS CATHY GREEN Incumbent Student Mayor of Huntington Beach ® JOHN ORTIZ JOE CARCHIO ROBERT R.'BOB"MCVICKER sParaeducal or Special Education CouncitmembeNRefired Businessowner Water Resource Manager JOHN BRISCOE NORM WESTWELL DON MACALLISTER Governing Board Member,Ocean View School SoardmemberlBusinessowner Businessmen School District of Orange County BILLY t7CONNELL O TRACY P£LLMAN BusiMon-Profit Director O Governing Board Member Ocean View JIM KATAPODIS O School District Pollee Supervise IAPD MEASURES SUBMITTED TO THE VOTERS O STATE OF CALIFORNIA � DAN KALMICK >` Small Business Owner 19-LEGALIZES MARIJUANA UNDER O CALIFORNIA BUT NOT FEDERAL LAW N Educator GROW PERMITS LOCAL.GOVERNMENTS TO CV Edurcafor REGULATE AND TAX COMMERCIAL WILLIAM GRUNWALD PRODUCTION,DISTRIBUTION,AND SALE Business Manager/Attorney OF MARIJUANA.INITIATIVE STATUTE. COUNTY OF ORANGE BRUCE J.BRANDT Allows people 21 years old or older to possess, Licensed Professional Engineer activate,or transport marijuana for personal Treasurer-Tax Collector CONNIE BOARDMA N use.Fiscal Impact Depending on federal.state. Vote for One Biology Professor and local government actions.potential KEITH RODENHUIS College increased tans and fee revenues in the hundreds Deputy Treasurer,County of Orange ®JOHN VON HOLLE of millions of dollars annually and potential Retired Municipal Employee conedional saving of several liens of millions -ea SHARI L.FREIDENRICH ®(JWDON FICHTNER of dollars annually. ® City Treasurer/CPA Meteorologist(Science Teacher Yes Cn ®BLAIR FARLEY NO PastoNPlanning Commissioner CITY ®FRED J.SPEAKER 20-REDISTRICTING OF CONGRESSIONAL. d CL Businessowner/Planning Commissioner DISTRICTS.INITIATIVE CONSTITUTIONAL CL EZIJOE SHAW Removes elected representatives from process Small Business Owner i i of esmtckshing congressional districts and ERIK PETERSON transfers that authority to recently-aulhodzed Businessman 14-member redistricting commission comprised AWDPoSSA(70MINGUEZ of Democrats,Republicans,and representatives of neither party_ Fiscal Impact No significant MoNPlayground Supervisor net change in slate redistricting acts. BARBARA DELGLEIZE ED Yes BusinessownerlPlannmg Commissioner MATTHEW HARPER NO Governing Board Member,Huntington 21_ESTABLISHES$18 ANNUAL VEHICLE Beach Union High School Oist ict LICENSE SURCHARGE TO HELP FUND STATE PARKS AND WILDLIFE PROGRAMS_ GRANTS SURCHARGED VEHICLES FREE ADMISSION TO ALL STATE PARKS. INITIATIVE STATUTE Exempts commercial vehicles,trailers and O trailer coaches from the surcharge.Fiscal Cr) Impact Annual increase to state revenues of r $500 million from surcharge on vehicle � registrations.After offsetting some existing O funding sources,these revenues would provide M at least$250 million more annually for state O CITY OF HUNTINGTON BEACH parks and wildlife conservation. r City Attorney ® vote for One, Yes ®JENNIFER MCGRATH C3 No ® Huntington Beach City Attorney ®T.GABE HOUSTON ' Attorney/Finance Boardmember --- DISTRICT nano Vote Both Sides Vote Both Sides ® General Election OFFICIAL BALLOT Orange County SEE November 02,2010 22-PROHIBITS THE STATE FROM 26-REQUIRES THAT CERTAIN STATE AND Q-Huntngton Beach,Huntington Beach s_ BORROWING OR TAKING FUNDS USED LOCAL FEES BE APPROVED BY Private Wireless Communication Facilities ® FoRTRANSPORTATION, TWO-THIRDS VOTE FEES INCLUDE THOSE Advisory Measure REDEVELOPMENT,OR LOCAL THAT ADDRESS ADVERSE IMPACTS ON Shag the City permit the Installation of a mobile GOVERNMENT PROJECTS AND SOCIETY OR THE ENVIRONMENT CAUSED telephone antenna at Harbour View Park SERVICES.INITIATIVE CONSTITUTIONAL BY THE FEE-PAYER'S BUSINESS. located at 16600 Saybrook Lane and at Balsa ® AMENDMENT. INITIATIVE CONSTITUTIONAL AMENDMENT_ View Park located at 5741 Brighton Drive? ® Prohibits State,even doing severe fiscal Fiscal Impact Depending on decisions by Yes hardship,from delaying distribution of tax governing bodies and voters,decreased state revenues for these purposes.Fiscal impact and local government revenues and spending C3 No Decreased state General Fund spending and/or (up to billions of dollars annually).Increased Ixxeased state revenues,probably in the range transportation spending and state General Fund N of$1 billion to several billions of dollars costs($1 billion annually). co annually.Comparable Increases in funding for Yee Ostate and brat transportation programs and O local redevelopment NO It 0 ®Yes 27-ELIMINATES STATE COMMISSION ON tit') REDISTRICTING CONSOLIDATES (� NO AUTHORiPY FOR REDISTRICTING WITH 23-SUSPENDS IMPLEMENTATION OF AIR ELECTED REPRESENTATIVES.INITIATIVE N POLLUTION CONTROL LAW(AS 32) CONSTITUTIONAL AMENDMENT AND N REQUIRING MAJOR SOURCES OF STATUTE EMISSIONS TO REPORT AND REDUCE Eliminates 14-member redistricting nxurnmission. GREENHOUSE GAS EMISSIONS THAT Consolidates authority for establishing state CAUSE GLOBAL WARMING,UNTIL Assonbty,Senate,and Board of Equalization UNEMPLOYMENT DROPS TO 5.5 PERCENT districts with elected representatives who draw OR LESS FOR FULL YEAR.INITIATIVE congressional districts.Fiscal Impact Possible STATUTE. reduction of state redistricting costs of around Fiscal Impact:Likely modest net increase in 31 million over the next year_LAcely reduction of overall economic activity in the state from these costs of a few miifron dollars once every suspension of greenhouse gases regulatory ten years beginning in 2020. Qactivity,resulting in a potentially significant net increase in state and local revenues. Yes m Yes NO NO CITY in 24-REPEALS RECENT LEGISLATION THAT N-Huntington Beach,Huntington Beach CityCL WOULD ALLOW BUSINESSES TO LOWER Charter Comprehenav�e Update Measure THEIRTAX LIABILITY.INITIATIVE STATUTE. Slaty proposed hatingCharter Amendment the i � revising and restating One Charter of the City of (a (1) Fiscal Impact Increased state revenues of Huntington Beads(excluding charges to N about$1.3 bi lron each year by 2012-13 from Section 617 entitled Infrastructure Fund)as set higher taxes paid by some businesses.Smaller forth in the proposed measure be approved? increases in 2010-11 and 2011-12 Yes Yes ®No ®No 25-CHANGES LEGISLATIVE VOTE O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund REQUIREMENT TO PASS BUDGET AND Measure BUDGET-RELATED LEGISLATION FROM Shall proposed Charter Amendment No.2. TWO-THIRDS TO A SIMPLE MAJORITY. tending Section 617 of the Charter of the City RETAINS TWO-THIRDS VOTE of Huntington Beads entitled Infrastructure REQUIREMENT FOR TAXES_ INITIATIVE Fund as set forth in the proposed measure be CONSTl unONAL AMENDMENT. approved? Legislature pennanenty forfeits daily salary and expenses until budget bill passes.Fiscal Yes Impact In some years,the contents of the state NO budget could be changed due to the lower legislative vote requirement in this measure. P-Huntington Beach,Huntington Beach UUT M The extent of changes would depend on the ModernizaticaffWuctioh Measure Legislature future actions. To preserve vital city services shall Huntington t) Yes Beach's existing utility users ordinance be modernized and reduced by.1%to maintain � NO 9-1-1 emergency response times,police ® officers,firefighters,public safety 1� communications1equipment,senior services, Sao storm drains and other city services,requiring equal treatment of taxpayers regardless of ® technology used with low-Income senior ® exemptions,annual audits,local control of funds,and no rate Increase without voter OEM approval? » ® C3Yes No Vote Both Sides CAMPAIGN EXPENDITURE LIMITATIONS Proposition 34, passed by the voters at the November 7, 2000 election, provides that state legislative candidates who voluntarily limit their campaign expenditures in ac- cordance with Proposition 34, may submit a candidate statement of qualifications for inclusion in the sample ballot and voter information pamphlet. The list below includes all candidates for legislative districts within Orange County. Candidates that have voluntarily agreed to expenditure limitations are indicated with an asterisk(*) after their name. STATE SENATE Lou Correa Gila Jones* Lucille Kring Kristi Stone* Mark Wyland* STATE ASSEMBLY Henry J. Bestwick* Melissa Fox* Rosalind Freeman* Gregg D. Fritchle* Curt Hagman* Robert M. Hammond* Diane L. Harkey* Judy Jones* Gary Kephart* Allan R. Mansoor* Tony Mendoza Jeff Miller Phu Nguyen* Chris Norby* Jane Rands* Jim Silva* Jose Solorio* Deborah Tharp Esiquio Ramos Uballe* Donald P. (Don) Wagner* ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue 1 Building C 1 Santa Ana,CA 92705 1 714.567.7600 1 r is IN UNITED STATES REPRESENTATIVE,46TH DISTRICT NAME:KEN ARNOLD AGE:56 OCCUPATION:Business Systems Analyst I have Dived,worked and raised my two sons in and near our district.I reside here with my wife,Thanh-Thanh.1 have decades of business experience solving problems,increasing efficiency and growing profits for businesses of all sizes from individual accountants to aerospace giants. I believe our district deserves new real working caring representation.I will work to bring more reality,balance,reason and practicality to Washington and to reduce extremism and blind partisanship. Too much of Washington supports false economics and has ignored common sense and the nation's needs.Supply without demand yields only waste.Capital without labor and resources produces nothing.We cannot indefinitely ignore runaway budgets,trade deficits and wars.Government should encourage and support business,but must first serve and protect the citizens and taxpayers. We cannot easily recover the millions of jobs nor the trillions of dollars in investments and home equity lost in 2007 and 2008.However,we can accelerate recovery and put our nation and economy back on track for global leadership and prosperity. To do so,we must bring back American manufacturing(again have`Made in America products available). We must became sustainably energy independent. We must invest in education and infrastructure and enact beneficial realistic immigration and trade policies. I will represent citizens and not special interests.I ask for your vote so that I may serve you,our state and this country that 1 love so much Please visit www.KenAmoldForCongress.Com to learn more and share your thoughts. MEMBER OF THE STATE ASSEMBLY,Ism DimiCT NAME:JIM SILVA OCCUPATION:Businessman/Califorria Assemblyman I am working hard to change Sacramento and protect taxpayers.The state budget mess was caused by years of over-spending,over-promising and irresponsible decisions. Taxpayers should not be punished because politicians don't do their jobs. As your representative;I'm proud to say that f have an"A rating from the Howard Jarvis Taxpayers Association because I have never voted for a tax increase and I've waked to limit spending and hold government accountable. Law enforcement supports me.1 strongly oppose plans to release prison inmates early. Pubic safety should never be compromised because of political failures in Sacramento. Immigration reform groups support me because of my tough stand Against Amnesty and illegal immigration. I've authored legislation to face the federal government to reimburse our state for the costs of illegal immigration caused by their inability to control the border. My priorities continue to be:No Tax Increases;Create Jobs and Improve the Economy through less regulation and red tape;and Balance the Budget and stop wasteful spending. My wife Connie and I believe in the greatness of our nation and in the potential of all hardworking citizens to realize their dreams.We raised our two children here in our district,saw them grow up in a safe community with good schools and go on to graduate from the United States Air Face Academy.As a businessman,economics teacher,former mayor and city councilman,I'm deeply committed to our special part of Orange County. would be honored to receive your vote, .. a. s ISM x COAST COMMUNITY COLLEGE DISTRICT COAST COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER TRUSTEE AREA 1 TRUSTEE AREA 1 NAME:SHANA CHRISTINA JENIGNS NAME:JIM MORENO OCCUPATION:Community Volunteer OCCUPATION:Governing Board Member,Trustee Area One, Coast Community College District The time for charge is now. In these dire times of budget cuts, students are suffering. it is time to Thank you for the opportunity to serve as your Trustee.As Board President I remove the politics from the Board of Trustee meetings,our students and ensured qualityrD District education and administration.Your support maketo s improve you taxpayers deserve baiter. and build our District into the best d can be.Your support makes certain my work continues. I am a product of OCC and Coastline.Because of the wonderful teachers and staff there, I was able to receive a great education and unlimited Because of severe state cuts to education !have been vigilant in keeping support for my next step.They made certain I could attend and graduate the District's spending Training and Education Programs. i initiated a from UCLA.Today,my experience could never happen because of the cuts insisted on betterc keep the doors open for our students.1 Career in line directly affecting the students. District wide Budget Advisory Committee which recommends areas of savings and efficiencies to absorb the staggering state budget reductions to 'there are fewer classes available to full time students.Re-entry Gasses higher education, that help adults gain valuable new work skills are being slashed.And the I voted to keep KOCE a Public Broadcast Station,and also authored the community outreach programs serving our youth are seriously reduced. motion protecting Gofdenwest College from big box development. I am The Board needs someone focused on understanding and supporting the proud to have earned the support and endorsement of my neighbors, past success of our District. If elected, I will work hard to maintain the community leaders,students,college faculty and staff. well-earned reputations of all of the classrooms at the District.f will fight I take this job seriously; I listen to my constituents, and I have initiated hard to cut everything,except from the students directly. specific changes to improve the District's leadership and programs.I ask for The time for change is now.I urge you to vote for me,Shana Jenkins for your vote to carry on my efforts as your Trustee charting a course through District 1,Coast Community College District. this unprecedented financial period. Visit my website.www.shanaienkins.com. For more information visit www.districtone.info. Thank you for your continued support. Jim Moreno NINE F. COAST COMMU1d1TY COLLEGE DISTRICT COAST CO UNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER TRUSTEE AREAS TRUSTEE AREA 5 NAME: LYNNE FUDDLE NAME:DAVID A.GRANT OCCUPATION:Retired Federal Judge OCCUPATION:Retired College President While no longer free, community colleges serve our shared belief that it is time to elect trustees committed to keeping dollars in the classroom, affordable access to education is crucial to meaningful lives and a supporting our students.More than ever,experienced community college productive democracy. Community colleges remain the most economic leadership is needed. investment students,their families and taxpayers can make for our future. As former dent of Oran Coast Co Community president Orange College,I know the Coast Common• An educator at heart,1 earned a doctorate in education,was a university College District and its issues. Top priority must be given to student instructor/professor for eight years,and after law school practiced law in success.We must support faculty and strive to provide more Gasses for Santa Ana 9 years.Most recently,I served 14 years as a federal bankruptcy students. We can start to accomplish this by reducing overhead and Judge,helping rescue failing institutions;known as a"hanging judge"when controlling costs.School district bureaucracy must be reduced. presented with"cooked bogs",fraud and deceit. As a trustee,I pledge to: Facing harsh funding cuts,financial instability and joblessness,we must economize and maximize campus resources.I oppose salary and pension. Keep student success it top priority. abuses,especially by public and school officials.No leaming opportunity or Support faculty in pursuit of excellence in the classroom. . student success should ever be lost through i istitutional ineffectiveness. Refocus on core subject areas and schworlool training. mismanagement or personal greed. Empower air colleges and reduce sdxuol drs�trict overhead. Tighten controls on all costs not directly related to student achievement. I will spare no effort to achieve locally available classes for those seeking university transfer,career certificates,or job retooling.I offer my skills and 1 have 35 years of experience serving students: experience to resolve educational resource issues. Full time Professor of history Want affordable community college,institutional belt-tightening,leadership Head Coach,OCC Crew and integrity?Say"Yes"by voting for Lynne Riddle,Trustee,Area 5. Dean of Students,Orange Coast College President,Orange Coast College Questions?Email me:JudgeLynne4TrusteeOgmait.com President,OCC Foundation Board(current member) Education:BA,UCLA;MA,Long Beach State After three decades of teaching, coaching, and managing in the Coast District,I will work effectively for students and tax payers,Please vote for David Grant,Trustee Area 5. Davidgrant4trustee.com HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER NAME:ANA CLEMENS NAME:BONNIE CASTREY AGE:68 OCCUPATION:Educator/Business Consultant OCCUPATION:Goveming Board Member,Huntington Beach Union High School District To maintain the high quality educational opportunities for youth in our high schools is a major goal for our communities in these difficult economic Dear Voters, times.My 40 years of teaching and administrative experience have given me the skills to be an effective Huntington Beach Union High School District As a Board Member, i use my mediation, business and teaching Board member. My emphasis is to maintain positive two way background to bring together students, parents,communities and staff communication that will provide continuous support to our high schools. with differing viewpoints to collectively solve problems and develop strategies fa our District and school programs. In these fiscally My community service and volunteer activities:Past-President,Soroptimist chailenging times these strategies have enabled our District to focus our International;Personnel Commissioner for the Cities of Huntington Beach financial and human resources on the education of all students to enable and Westminster; Huntington Beach Fourth of July Committee, them to become creative,responsible,productive citizens. Westminster Citizens Police Academy and, supporter of school modernization bond initiatives. Measurable results include:increased student achievement,challenging student centered classes, multiple avenues of learning for career and If was an honor for me to be named Orange County Magazine Woman of college bound students. high quality instructional materials, increased the Year and Soroptimist Woman of Distinction in Education. technology and modernized,sate learning environments. My professional enrichment activities:20 years Accreditation Chairperson; My proven leadership in responsible fiscal management, land '100 Schools Network' Conference Coordinator for the California management, school modernization and cooperation with elementary Department of Education; trainer for the Nevada State Department of districts, cities, businesses and senior citizen organizations results in Education; completion of Doctorate, Administrators Finance, Special substantial benefits for all students through coordinated academic and Education,and Principal's Academies. co-curricular programming,services and activities. My interest is to represent you and the youth in all our communities to I want to continue waking with you and the HBUHSD's fine staff to meet maintain excellence in education. Contact me at westlions@aot.can or the challenges of providing quality educational programs as our District 714-960-3131- proactively manages finances during the State's fiscal crises.That's why the HBUHSD Educators'Association and numerous community leaders endorse me. Vote for Bonnie Castrey:proven responsive leader. 1 Contact me: 714-963-7114; vote4bonniecastrey2010@earthlink-net; www.electbonniecastrey Sincerely, Bonnie Castrey HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER NAME:BRIAN F.GARLAND NAME:CHARLIE CHI MANH NGUYEN AGE:46 OCCUPATION:Governing Board Member HBUHSD OCCUPATION:Engineer/Business Owner Education and Qualifications: As a long time resident of Huntington Beach,I believe that good schools are Northeastern Illinois University B_E- integral part of community pride.I went to Westminster High School in this California State University M.A. district,later obtained a Bachelor's Degree in Engineering from Cal State Fullerton and Master's Degree trom Cal State long Beach. As a proud Teaching and administrative experience forty years. Public service as product of public education, I'm always mindful of the challenges facing school board member with the Huntington Beach City and HBUHSD for 33 public schools in California,especially in today's budgetary crisis. years. As my daughter is going to start her high school in the district this year,the Orange County High School Principal of the Year.State of California High stakes cannot be higher for my daughter,my family and my community. School Principal of the Year. Orange County Outstanding Educator. I've been a coach to basketball teams in the Huntington Beach's City Recipient of P.T_A.Lifetime recognition pin for service to the youth of this community. League and actively involved in scouting activities.I've been a youth group Leader for over twenty years. My pledge to you is that I will be uncompromisingly committed to the As a professional engineer,engineering manager and business owner,I intellectual growth,academic and co-curricular achievement character and know what it takes to prepare students for today's demanding labor market leadership development and physical well being of every student. The and college world. HBUHSD has delivered an outstanding program,despite limited resources provided by the state_ If elected to this school board,I'll make sure that parents are involved and The years ahead are going to be a time of challenge for the HBUHSD.It is a have a strong voice in their children's education,all students are prepared time when vision,experience,and leadership will be required-Trustees will to go to college and the district provides the very best education possible be presented with difficult choices as they set priorities and explore during this most difficult time. opportunities for optimal use of their fiscal and human resources.Success has been possible with careful long range strategic planning. Please join me as a supporter of Parents and Educators for Garland.Our common goal...improved teaming opportunities for all students. Thank you, Brian Garland (714)962-1895 HUNITINGTON BEACH UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER NAME:KATHLEEN(KATHY)IVERSON AGE:60 OCCUPATION:Refired Teacher I have lived in our community for 60 years,earning bachelor's and master's degrees in chemistry from Cal State Fullerton. Shawn Werner, President, Huntington Beach District Educators Association says,"The Huntington Beach District Educators Association has endorsed Kathy Iverson because of her decades of experience as a teacher and school board member in our community.Please vote for Kathy Iverson on November 2." As a school board member and teacher 1 have a proven record of responsible fiscal management. During my thirty-sac year career 1 taught elementary,secondary and college students and understand the challenges of providing a quality education for all. Despite today's tough economic times,our schools can continue to be places where students are involved,challenged and feel safe.I pledgeto do everything possible to prepare every student in our District to be a good citizen in the 21st century. I am a member of the Westminster Historical Society,Friends of Rancho Los Cerritos and St-Willrid's Episcopal Church in Huntington Beach- 1 am also proud to be endorsed by Mayor Margie Rice,Mayor Pro Tem Jill Hardy,School Board Members Dave Bridgewaters,Shirley Carey,George Clemens,Ian Collins and Judy Edwards, Vote Kathy Iverson:kathieen_iverson0yahoo.com p OCEAN VIEW SCHOOL DISTRICT OCEAN VIEW SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING-BOARD MEMBER NAME:JOHN ORTIZ AGE:44 NAME:JOHN!BRISCOE AGE:57 OCCUPATION: Paraeducator Special Education OCCUPATION:Govemir g.Board Member,Ocean View School District of orange County Working in education for over 23 years,as a public safety officer and as a paraeducator with severely challenged students,has given me a unique (...Redacted by Court...) perspective within the educational system.Education is my passion and I Create Excellent Schools. (...Redacted by Court...) Eliminate Schools In believe that each child can and should be lifelong learners.Our students violation of Federal Standards. Wiprove rnuslc, language, shop, and should be given the essential tools with a variety of subjects that help them physical education classes. be successful not only today but in their future endeavors. Recover Lost Students. (...Redacted by Court--.) Implement behavior As a trustee my responsibility will be to help lead the district,with support to contracts,weekly parent-teacher contact.Improve site security. the teachers and staff in providing the best education to our communWs (._Redacted by Court...) children. Our students are the future and we must guarantee that each Pay raises based on proficiency results.State minimum teaching is not student receives a fundamental education that ensures their ability to enough. function in the 21st century as successful and productive adults. (...Redacted by Court...)Open and.transparent governance is the Law_ (...Redacted by Court...) My vision and hope for the students in the Ocean View School District along with the community is that we not only continue to focus on Reading and Cow On Me- Writing but also emphasize early teaming in Technology and Mathematics Masters experienced business leader with Appropriate Education through two which will not only allow our students to excel but help facilitate a higher torpors Degrees(Milt MBA)_Senior level management with major and education_ corporations- Experienced Board member protecting taxpayers and children. Count On Me- Family man, Leader in Boy,-Scouts, Church, School Site Council. community involvement in Rotary, AYSO, PTA, Little League, and high school football. I work diligently to display"in Gad We Trust" (...Redacted by Court...) Great schools equal great property values- The best indicator of school performance is a waiting list to en #_ I will install programs that bring,back famfl"ues to our great schools. Count On Me. (...Redacted by Court._.) John@crestwave.org www-JohnBriscoe_com OCEAN VIEW SCHOOL DISTRICT GOVERNING BOARD MEMBER NAME:TRACY PELLMAN OCCUPATION:Governing Board Member,Ocean View School District Occupation:School Board Member/Registered Nurse Twenty years ago I was elected to the OVSD because of overwhelming support from community leaders and the parents of school children_As a governing board member I have repeatedly promised to be child oriented, fiscally responsible,and accountable to the community. I have faithfully kept my promise and increased revenues and exercised cost controls that have allowed us to be one of the only ones in the county to maintain reduced class sizes in grades K3 and a balanced budget every year,never needing to raise taxes,despite difficult economic times. These twenty years have given me a great deal of experience.i witnessed bath good and bad governance.I know what works and what does not. My husband, a pediatrician, and 1 have lived in the school district for thirty-six years.All five of our children have attended public schools.A good public school system enhances property values,promotes civic pride,and reduces crime_ Once again,I pledge to: Remain child oriented Focus on fiscal responsibility,quality education,and safe schools. Place as much money as possible in the classroom. Remain accessible to the community_ Thank you for your support.Pellman4schoolboard @earthlink.net TREASURER-TAX COLLECTOR TREASURER TAX COLLECTOR NME:KEITH RODENHUIS NAME:SHAM L FREIDENRICH OCCUPATION:Deputy Treasurer,County of Orange OCCUPATION:City Treasurer/CPA Thank you Orange County voters for giving me a first place victory in the Orange County's taxpayers need and deserve a Treasurer with integrity and June Primary. a proven record of protecting public funds after Orange County investment As Orange County Deputy Treasurer I streamlined services with innovative losses in 2008 and 1994. solutions and Strict Adherence to Conservative Fiscal Principles. 1 am proud to be the only candidate for Treasurer endorsed by the Harvard As Treasurer 1 will use technology to further reduce the size and scope of and Taxpayers Association and Orange County Taxpayers Association government. 1 was responsible for my Department receiving a National and only licensed Certified Public Accountant. Achievement Award for our success in modemizing government. As the only Elected Treasurer, I've a record of integrity and fiscal Candidates should be judged by Results.My achievements include: conservatism.I've invested taxpayer funds prudently,reduced expenses by 15%,streamlined services for citizens and added investment transparency. Saving You Money:Voluntarily curt Department overhead in 2007(22%), 1 have 28 years of financial management experience at two Fortune 500 2008(60%)and 2009(20%).1 will demand accountability in government to companies,at Huntington Beach as Treasurer,and have an Accounting ensure your tax dollars are not wasted. Degree. Malting government run more like a business is something I've Safe Investing: Only Treasurer's Office in California to be Awarded accomplished and will do as Orange County Treasurer.. Standard&Poor's highest rating for Safety. Public Treasurers from across the United States elected me Vice President Protecting Education:Prudently pursued investments with local Schools to of their National Association because of my professional record and help them weather the financial crisis. integrity. As Orange County Treasurer, ril bring professionalism to the office,protect public funds and hold government accountable. I have a perfect record with my Securities 8 Exchange commission issued licenses,am an Attorney at Law and Business Financial Planner. Orange County's most respected fiscal leaders endorse me, including former Treasurer, Supervisor John Moo Bach, US Representatives Ed Safeguarding your tax dollars and serving with integrity will always be my Royce and John Campbell and Assemblyman Jim Silva Visit top priorities.It has been an honor serving you in County government,and 1 www.ShariFr6idenrich_com for all my qualifications and extensive would appreciate your vote. bi-partisan endorsements. I'd be honored to receive your vote. Vote for on the job Experience_Vote for Integrity.Vote for Keith. 714615-6802. www.Vote4Keith.com ,t CiTY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CiTY COUNCIL MEMBER OF THE CITY COUNCIL NAME:BILL RORICK AGE:53 NAME:SHAWN ROSELIUS AGE:18 OCCUPATION:Business Executive/Engineer OCCUPATION:Student Your conservative choice for: My name is Shawn Roselius and I'm a fresh face for Huntington Beach's Low Taxes and Fees future. Small Government 1 am a fiscal conservative who believes that open space and park Fiscal Responsibility preservation are essential to our city,i oppose the Poseidon project as it is and a Business Friendly Environment an energy consuming, expensive blight on our beach when more A long-time member of: eco-friendly options exist. The Howard Jarvis Taxpayers Association As a member of City Council 1 will: The Heritage Foundation Keep our natural areas safe from over development.Work aggressively to With city revenues dropping it is important to have a conservative voice on solve our grog debt. the city council who can be relied on to hold the fine on new taxes and fees, Promote greener solutions to residential energy consumption. and tint or reduce burdensome business regulations and unfunded Help our residents stay in their homes and keep neighborhoods safe.Fight liabilities. projects that add undo density to our community. I am a tong-time resident of Huntington Beach.t grew up in this area,and I have worked for Colette's Children's Home,a transitional housing shelter along with my wife of 24 years,raised our two children in this beautiful city.I that helps atrisk youth and abused women get back on their feet. I am a believe in tow taxes and a business friendly environment to keep our volunteer in the Big Brothers Big Sisters program of Orange County and economy strong in order to provide solid employment opportunities for our spend time giving back to my community by helping out at food banks and citizens. I received my Engineering degree from Cal Poly in San Luis Obispo, and my MBA from Pepperdine in Malibu_ This educational soup kitchens. background and my successful business experience combine to provide As the youngest candidate to ever run for Huntington Beach City Council, me with the skills required to analyze large projects and budgets to ensure have no ties to special interests.I want to continue to give back to the city I that your hard earned tax dollars are never wasted. grew up in and that has given so much to me. would be honored to receive your vote. For additional information please visit my website at: www-RoricidsRight4HB.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CiTY COUNCIL NAME:JOE CARCHIO NAME:NORM WESTWELL AGE:51 OCCUPATION: Huntington Beach City Council Member OCCUPATION:School BoardmemberlBusinessowner Dear Huntington Beach Voters: I'm a 35 year resident, married 21 years, blessed with a son 19 and Experience Counts!Four years ago you trusted me with your vote.I've daughter 16.1 share family ownership in a 30 year old Huntington Beach worked hard to represent you during difficult times.It would be an honor if sportswear manufacturing business. I'm fiscally conservative, socially you allow me the opportunity to finish the job 1 started. tolerant,and have been politically active for a decade. We've cut the Budget two times this year. There are more tough I understand that business drives the economic engine for Huntington decisions to come.Experience counts when you need to protect a City of Beach and we need more leaders who can contain our government to its 200,000 people and you have less money than the previous year. most efficient and effective size.A greener,less expensive government. Experience counts when you have to develop plans on how to nth a City Currently I'm serving a second term as Trustee for the Ocean View School this size with fewer and fewer people,cut back critical services and still District and in 2009,served as Board President.Guiding our district during have the residents go to sleep at night feeling secure that there is a Plan in tough economic times has provided me the insight and experience to make place to deal with this current crisis.I've helped create that Plan! tough economic decisions while meeting our paramount responsibility - providing an exceptional educational program for the children of our I have owned and operated two restaurants in Huntington Beach-been community. an active High School Baseball and Football Coach.I've made the payroll,me- My governance efforts helped our school district overcome$13 million in you and me_ Paid the and understand that the money to tun government comes from revenue cuts over the last two years.Our city government needs these very same leadership skills. Please help me finish the job i started.You have four votes ... tam asking for one. As your new representative at City Hall,I will put my successful experience as a business owner,School Board Trustee,and active community member Joe Carchio to work on behalf of all citizens to collectively guide our precious city Huntington Beach City Council Member towards jobs,wealth and prosperity. www.NormWestwelt4HBCC.com Certified Mail Provides: ® A mailing receipt ® A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails, • Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS9 postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". • If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. 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Article Number 7008 0500 0001 8218 5409 (Transfer from service label) AOL Ps Form 3811,February 2004 Domestic Retum Receipt "259&02-M-1540 Cerfified Mail Provides: N A mailing receipt ®-A unique identifier for your mailpiece ® A record of delivery kept by.the Postal Service for two years - - - Important Reminders: ® Certified Mail may ONLY be combined with First-Class Maile or Priority Mail® ® Certified Mail is not available for any class of international mail. ® NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of - - delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ® For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement Restricted Delivery". ® If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 First-Class Mail UNITED STATES POSTAL SERVICE Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Joan L. Flynn, City Clerk 2000 Main Street , 2nd Floor P.O. Box 190 Huntington Beach, CA 92648 - _ 6Fpl Of Th , "EB A BOWEN I SECRETARY OF STATE ( STATE OF CALIFORNIA ` BUSINESS PROGRAMS SPECIAL FILINGS 1500 11th Street I Sacramento,CA 958141P.O.Box 9428771Sacramento,CA 94277-00011(916)653-3984jwww.sos.ca.gov OqC IFOPNp January 10, 2011 Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Amendments to the Charter of the City of Huntington Beach, ratified by the voters at the election on November 2, 2010, were filed in this office on January 6, 2011 and assigned Charter Chapter Number 3 for publication in the Statutes of 2011. Sincerely, Special Filings Unit 13 ; °11" t DEB � ®�N � SECRETARY OF STATE I STATE OF CALIFORNIA BUSI PROGRAMS SPECIALFWNGS 114 1 2nd floor j&a=,ento,CA 90m j P.O.Box 942877 I Sacramento,CA 942T7-0001(9i6)653 3984 +'.sos.ea.gw F M December 27,2010 Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 This letter concerns documents submitted to this office on behalf of the City of The analysis of the documents has been concluded in accordance with the requirements of City Charter Amendments as outlined in California Government Code. We are returning your document(s) for the following reason(s): The Mayor, as.chairperson, has made the statement that the text has been certified and authenticated. But the clerk of the governing body must also make the same statement in order to comply with Government Code 34460. In order that your documents may be filed as soon as possible, please complete the necessary statutory requirements and return the document(s) to the Special Filings Unit. If you have any questions concerning the filing of your document(s), please do not hesitate to call this office at (916) 653-3984. Sincerely, Special Filings Unit CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK �(, r i 2000 MAIN STREET P.O.BOX 190 1411 HUNTINGTON BEACH CA 92648 I Rebecca Ross Senior Deputy City Clerk 714.536.5209 www.surfcity-hb.org FAX 714.374.1557 e-mail: RRoss@surfcity-hb.org ® e City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 ® OFFICE OF THE CITY.CLERK ® JOAN L. FLYNN CITY CLERK State of California ) County of Orange ) ss City of Huntington Beach ) I, Joan L. Flynn, City Clerk, in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the Secretary of State of the State of California in accordance with Government Code Section 34460, and pursuant to a General Municipal Election held in the City of Huntington Beach on the 2nd day of November, 2010. 1. Copy of Revised Charter of the City of Huntington Beach for acceptance and filing 2. Copy of Charter Legislative Draft 3. Certificate of Proceedings in Adoption of Charter Amendment— Measure N and Certificate of Proceedings in Denial of Charter Amendment- Measure O 4. Complete text of Charter Amendment— Measure N—"Shall proposed Charter Amendment No. 1, revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved?" which was approved by the voters 5. Complete text of Amendment to Charter Section 617— Measure O—"Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved?"which failed to gain approval of the voters 6. Certified copy of the Official Sample Ballot and Voter Information Pamphlet. 7. Proof of Publications of Notice of Election. 8. Certificate of the Registrar of Voters, County of Orange, to Result of the Canvass of the General Election Returns have hereunto set my hand and seal this 3rd day of January, 2011. �Jto?an . n, City Clerington Be 7 Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Telephone:714-536-5227) 4 6¢►1-Os Ty f DEERA BOWEN f SECRETARY OF STATE I STATE OF CALIFORNIA BUSINESS PROGRAMS(SPECIALFHJNGS i5oo iith Street,end floor Sacramento,CA 95814 4 P.O.Box , I 04l/fOPNP 9428T7 Sacramento,CA9�}2T7-000i(9i5)653-39841www.sos.ca.gov December 27, 2010 Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 This letter concerns documents submitted to this office on behalf of the City of Modesto. The analysis of the documents has been concluded in accordance with the requirements of City Charter Amendments as outlined in California Government Code. We are returning your document(s) for the following reason(s): The Mayor, as chairperson, has made the statement that the text has been certified and authenticated But the clerk of the governing body must also make the same statement in order to comply with Government Code 34460. In order that your documents may be filed as soon as possible, please complete the necessary statutory requirements and return the document(s) to the Special Filings Unit. If you have any questions concerning the filing of your document(s), please do not hesitate to call this office at (916) 653-3984. Sincerely, Special Filings Unit „ EAL OF Secretary of State 1500 11th Street r P.O. Box 944260 Sacramento, CA 441F0 PN�P 94244-2600 Red C REGISTER,TO VOTEI Voter Registration/Voter Fraud Hotline ��T "0S;' Call1-800-345-VOTE 4 �k, e-mail: comments@ss.ca.gov .. t3t7WFti CL 02 ,A $ 05.3 0 E 0004E,,1 ' ":r DEC27 2n10 MAILED FROM ZIP CODE 958'4 Joan L. Flynn, City Clem City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY:: C; -y AND WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County Jaa Y f Tom Daly, Clerk-Recorder�� '�� IIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllll No FEE a600 Ma`sh�fi 11 ��� g 2010000678677 3:19 pm 12/16/10 �U 143 414 C80 74 0.00 0.00 0.00 0.00 219.00 0.00 0.00 0.00 A ' THIS SPACE FOR RECORDERS USE ONLY 1�l 17� (Please fill in docu ent title(s)on this line) 1+ Pr o(n rP,Go t h� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 RecTorm#R25 ® City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK State of California ) County of Orange ) ss City of Huntington Beach ) I, Joe Carchio, Mayor in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the Secretary of State of the State of California in accord- ance with Government Code Section 34460, and pursuant to a General Municipal Election held in the City of Huntington Beach on the 2nd day of November, 2010. 1. Copy of Revised Charter of the City of Huntington Beach for acceptance and filing 2. Copy of Charter Legislative Draft 3. Certificate of Proceedings in Adoption of Charter Amendment- Measure N and Certificate of Proceedings in Denial of Charter Amendment- Measure O 4. Complete text of Charter Amendment- Measure N -"Shall proposed Charter Amendment No. 1, revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved?" which was approved by the voters 5. Complete text of Amendment to Charter Section 617- Measure O -"Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved?"which failed to gain approval of the voters 6. Certified copy of the Official Sample Ballot and Voter Information Pamphlet. 7. Proof of Publications of Notice of Election. 8. Certificate of the Registrar of Voters, County of Orange, to Result of the Canvass of the General Election Returns IN WITNES HEREOF, I have hereunto set my hand this13th day of December, 2010. ATTEST: AJ4(gie- c )o, Mayor ':j L. Flynn, i Clerk Huntington Beach of Huntington Beach SisterMjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) Copy of Revised Charter of the City of Huntington Beach CITY OF HUNTINGTON BEACH CITY CHARTER Now UNtlf 1 9 + Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified -Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 Amendments...................................................................5/9/49 Revised..................................................................................5/1/50 New Charter..................................................................2/10/66 Amendments.................................................................1/l 8/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/7 8 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised........................................................................12/6/10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102.Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Manager Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council, Attorney, Clerk and Treasurer. Terms Section 301.Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk.Powers and Duties Section 311. City Treasurer.Powers and Duties Section 312. Vacancies,Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager.Composition,Term, Eligibility,Removal Section 401. Powers and Duties Section 402. Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards, Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 1216/10 ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Manager Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608.Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611.Revenue Bonds Section 612.Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703.Initiative, Referendum and Recall Section 704.Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802.Violations Section 803.Property Rights Protection Measure Section 804. Charter Review CHARTER We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California, we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. City of Huntington Beach City Charter Page 3 of 20 12/6/10 ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City City of Huntington Beach City Charter Page 4 of 20 12/6/10 Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter.A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITE'COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) - Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings.If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act,by a majority of the members of the City Council. City of Huntington Beach City Charter Page 5 of 20 12/6/10 (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and al I persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance,resolution, or order for payment of money, or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City 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. City of Huntington Beach City Charter Page 6 of 20 1216/10 Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. City of Huntington Beach City Charter Page 7 of 20 1216/10 (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers,files, and documents pertaining to the City's affairs. 0)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK.POWERS AND DITTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. City of Huntington Beach City Charter Page 8 of 20 12/6/10 Section 311. CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting,finance, business, or public administration; or A Bachelor's Degree in accounting, finance,business, or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. City of Huntington Beach City Charter Page 9 of 20 1216110 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided, however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his compensation shall continue until removal as herein provided.In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and City of Huntington Beach City Charter Page 10 of 20 12/6/10 the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER. During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. City of Huntington Beach City Charter Page 11 of 20 1216110 The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads, whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law,City Charter, or by ordinance. Section 404.RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405.BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered.The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: City of Huntington Beach City Charter Page 12 of 20 1216/10 (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates, hold conferences thereon with the respective department heads,boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of City of Huntington Beach City Charter Page 13 of 20 12/6/10 the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604.ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITE'TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute general obligations of the City; and City of Huntington Beach City Charter Page 14 of 20 12/6110 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax, property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided, however,that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace, health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions City of Huntington Beach City Charter Page 15 of 20 12/6110 upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILTI'IES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection, part, subpart, paragraph,clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. City of Huntington Beach City Charter Page 16 of 20 12/6/10 Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City, with or without a written contract,for the acquisition of equipment, materials, supplies, labor,services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORDS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair) of public buildings,works, streets, drains, sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect,in the fiscal affairs of the City government or any of its officers. The Council may, City of Huntington Beach City Charter Page 17 of 20 12/6/10 A4 without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets,highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks,beach facilities,playgrounds,traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five-(5)year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. 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 FOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended,for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. City of Huntington Beach City Charter Page 18 of 20 12/6/10 Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first. All lawful ordinances,resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801.IDEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," 'officer," or "employee" is a department, board, commission,agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection (a)refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: City of Huntington Beach City Charter Page 19 of 20 12/6/10 (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation,assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. City of Huntington Beach City Charter Page 20 of 20 12/6/10 Copy of Charter Legislative Draft 44001ve Dfa f� 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 11. FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE 111. ELECTIVE OFFICES Section 300. City Council; Attorney, Clerk and Treasurer. Terms Section 301.0 1. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 3)04. Quorums,Proceedings and Rules of Order Section ')05. Presiding Officer Section 306. Mayor Pro Tempore Section 307. Non-interference with Administration Section 308. Official Bonds Section _3)09. City Attorney. Powers and Duties Section 3)10. 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 TV. 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 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. 'fax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We, the people of the City of Huntington Beach, State of CaliforniaTd a�believe fiscal responsibility and es44-1i -the prudent stewardship of public funds is essential for confidence in gove- nent,that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the 2 City of Huntington Beach under the Constitution of the State of California-., we do hereby exercise the privilege of retaining for ourselves,the benefits of local government, by enacting the laws,rules, regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally. as well as morally, abide by the provisions of this Charter, in its st rictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seat 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 T the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise,with any one or more zn states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE 11 FORM OF GOVERNMENT 3 Section 200. COUNCIL-ADAWNISTRAXOR MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council- it Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER.TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terns of four years, and until their respective successors qualify. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected at.the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk, the City 'I"reasurer and the City Attorney shall commence on the first Monday following histhe certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the suill 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 %,vhcn on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and 4 ordinary expenses, losses and costs imposed upon them by virtue of their serving as City .44*W++Councilpersons. Section 303. MEETINGS AND LOCATION. (a)- Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain -vvh1ch shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b)- Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted: No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. -Stteh 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 ttivcnty-four hours, written notice by the Mayor Pro Tem in the Mayor's absence or by any-member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c)- Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. (d) Open Meetings, All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of inforniation via current technology y by resolution. 5 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 regular adjourned ad or meeting meeting. the J City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk- to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b)- Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations In any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c)- Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money,or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. 'The Mayor may make and second motions and shall have a voice and vote in all its proceedings. "The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program, and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City 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. 6 P. Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order,directly or indirectly, the appointment by the City A4fii�,' _-4ka"Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City z-'r Manager solely through the City A,ln _4fato anager, and no member of the City Council shall give orders to any subordinate of the City .... either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be-filed with the City Clerk. PTernillnlS on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a.faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law,duly licensed as such under the laws of the State of California,and-shall have been engaged in the practice of law in this State for at least t4weefive years prior to h-k-their 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 part}, y, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer 7 or employee is concerned or is a party for any act arising out of histheir employment or by reason of��their official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give histheir advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City,- . « - its. (f) Prepare any and all.proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of 46their office and at such place as may be specified by the City Council. (h) Per form such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to?their successor all boobs, papers, files, and documents pertaining to the City's affairs. }) Assist and,cooperate with the City Manager consistent with Section 403 of the'City Charter. (k) Provide advice related to compliance with the City{charter to all elected and appointed officials of the City. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,the person elected or appointed shall have a bachelors degree in business, public administration, or a related field, and hold a certification as a Ntunicipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in leel- records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate bewlisrecords, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. 8 (d) Keep all book-s�d--records in)ristheir possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio ,assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) assist and cooperate with the City 'Manager consistent with Section 403 of the City Charter. 'The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist limthem or act for himthem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. '�'t,a ti,�, r¢, .,�r F rY .-dr �["';+s•�1 1 ni. zl ��� ,;g,��yy�n. eie why l cieso� tatrgmtil �i Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City Treasurer, the person elected or appointed shall have a nlinimurn of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting, finance, business, or public administration; or A Bachelor's Degree in accounting,finance, business, or public adrnini:stration with certification by the California Municipal Treasurer's association, or their successor, within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. 9 (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into 4istheir 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;ZVJn:inis4atof-Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City A .-: ' P-and Citv Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Counci 1,appoint such deputy or deputies to assist h4whern or act for hiffithem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. 'AW 'P*fflvaff Y Section 312. VACANCIES, FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other o1fice designated as elective by this Charter, froin whatever cause arising,shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime iftvi+k- of moral turpitude, or ceases to be an elector of the City, the office shall become vacant, The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. 10 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shaft become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Akdfthfh-stfatefManager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY AD4— �T-R-AAANCMANAGER. COMPOSITION,TERM, ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Atlniini4sfat�,*Managcr who shall be the chief administrative officer of the City. (b) Term. The Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council, provided, however, that the person occupying the office shall not be removed born ortice except as herein provided. (c) Eligibility. The AA ifxist�City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed City AdfilkilstfalefManager or Acting City Afli4fa%fklanager 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 rinist erlVIanager 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-Admitik,+Fat&- f Martager 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 Admin-i-s,�--, Manager shall be furnished with a written notice stating the + t the intentions and, if requested by the City Ad pia l-E)iM aanager, the reasons therefor. Within seven days after receipt of such notice, the City A4.-RRi-E-st� Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. 'I'lie City A4ffhfti4hiti+rManager shall appear and be heard at such hearing. After furnishing the City Y4%4h-aini4r ,Manager with written notice of the.intended removal,the City Council may suspend the Ad+-R+R�.ity Manager from duty, but his compensation shall continue until removal as herein provided. In removing the City Manag.,er,the City Council shall use its uncontrolled discretion and its action shall be filial 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 idmini4ratf-)tManager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Mw6i:64,KoeiManager 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-.-Hewevef-,-�.artftiv-44-t,-A, and the Chief of Police. The Chief of Police shall not be appointed or removed until the City --fl,;-. 11 s- anager 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 firequently, a current report of the principal administrative activities of the city. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. 12 (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. h*Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees-t ; 4. .,,.1tx. drB , , 4-1 L+IVFW��;,.. I',,v� 3�Y and prescribe such general rules and regulations as he mew Y deemed necessary or proper for the general conduct of the administrative offices and departments of the City under ltheir jurisdiction. (i)Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. AC:'9'INC CITY During any temporary absence or disability of the City Manager, the��City A . '+4ri�l -4a 44 r nd. �t3 E�3it ttzf3Af£tr"V ftblNeffEe Of d v , i awManaaer shall appoint one of the other officers or department heads of the City to serve as Acting City A-l°-,-tifti.s� -Manager. In the event the City ,A,dff4 4fat&fManager 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 Adtn-ifi6l a Manager,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City- Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City 'NzdiminiswatE04anager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establislnnent of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement. demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public set-vice. 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 systern-041 , w li� .wtlft'� t The system shall comply with all other provisions of this Charter. It shall be the duty of all de;partinent Beads, whether appointed or elected, to assist and cooperate with the Cite Manager in administering,the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by late, City Charter, or by ordinance. 13 Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405. HOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500: REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows':" No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction and :e and..o.,&,g. an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order far the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. in the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following,which shall take effect upon adoption: (1)- An ordinance calling or otherwise relating to an election; 14 (2)- An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto, (3)- An ordinance declaring the arnount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4)- An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein;however,such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. -Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate Preservation Of the,public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. An emergency ordinance shall expire automatically after 120 days. Section 502. RESOLUTIONS. -The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES. -The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL WAR. -The fiscal year of the City shall be TW&WISe es", s set forth byt4i.iaR�resolution of the City Council. Section 601. ANNUAL BUDGET,PREPARATION BY THE CITY ADTWNISTRAT4-)11-. MANAGFR. At such date as the City AAHi-iniAfatt*Managcr shall determine, each board or commission and each department head shall furnish to the City Admin istra+orManager, personally, or through the Director of Finance,estimates of the department's.,board's or 15 commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City ^aminis.. ter Manager. In preparing the proposed budget, the City AiaManager 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 Administfuto Manager shall submit the proposed budget to the City Council at least 4-(�,rthirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING. .At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION.-At the conclusion of the public hearing the City Council shal l further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the;ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City :k-drith3istt=att),€Manager, Director of Finance, City 'Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget. so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Cam: Section 605. ANNUAL BUDGET APPROPRIATIONS. -From the effective date of the budget,the several amounts stated therein as proposed expenditures shalt be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City A anager may transfer funds from one object or purpose to another within the Same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. 16 Section 606. DETERMINATION OF CITY TAX RATE. -The City Council shall proscribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the, same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City ol*principal and interest of all bonds and judgments due arid unpaid, or to become due during the-ensuing fiscal year,which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due -during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually,based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed$0.15 per One Hundred Dollars-, promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars-, and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 6418. 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 affin-riative vote of at least five (5) members of the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum votinl;,, requirement of this section. This section shall not apply to any license,permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the 17 City under its police power in connection with the City's duty to preserve or maintain the public peace, health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX.-The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. -The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611. REVENUE BONDS. -Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. 18 (a) No public utility or park, or beach or portion thereof now or hereafter owned or operated by the City shall be sold,.leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road,building over three thousand square feet in floor area nor structure costing more than $4-W 161.000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective.1anuary 1,2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a)and 612(b) shall not apply; (I)- to libraries or piers, (2) to any lease, franchise, concession agreement or other contract where; the contract is to perform an act or provide a service in a public --park, or beach AND such act was being performed or service provided at the same —location prior to January 1, 1989 AND the proposed lease, franchise, concession agreement or other —contract would not increase the amount of parkland or beach —dedicated to or used by the party performing such act or providing —such service. (3) to above ground public works utility structures under 31,000SqUarC feet:' (4) to underground public works utility structures if park or beach use is not impeded; (55) to any public works construction, maintenance or repair mandated by state or fcdcral law that does not negatively impact recreational opportunitics-, or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection, part, subpart,paragraph, clause or.phrase of this amendment, or any amendment,or revision of this amendment, is for any reason held to be 19 i invalid or unconstitutional,the remaining sections, subsections,parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect.J 1-2-474*) Section 613. EXECUTION OF CONTRACTS. -Except as hereinafter provided, the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and,only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City "4 ""—.R° lvfanager or other officer to bind the City, with or without a written contract, 'for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of sucll`utility or by the head of the department or City Adt, is4atofMan,ager upon forms approved by the City '1�i 1-*4e Managcr and at rates fixed by the City Council. Section 614. CONTRACTS CAN PUBLIC WORKS. -Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of+ore �•� FVe 000 -the City.Council for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same;where the expenditure required for such purchase shall exceed the usimd--Dollar`s 4 ,! -}aniowit set by ordinancc, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or it no bids are received, or without advertising for bids if the total amount of the contract or project is '5-4� Y rz " , ° " 4 ry'ix;. `2` r'r �bel+'Jw the amount 6YT �,TTG�i7-j set by ordinance, the City Council may declare and determine that in its opinion, the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the atfinnative 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 _i e 1 t;3 td �itr { ty ►t pamount set by ordinance may be.let and purchases exceeding the ousad fte�llats,# _fl,amount set by ordinance may be made without advertising,for bids if 20 . " such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. 'section 615. GRANTING OF FRANCHISES. -The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. -The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.The Council may, without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy oft he financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTLJRlH FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees; landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration.and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose:. {h) Revenues placed in the Infrastructure Fund_shall not supplant existing infrastructure finding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five (5) year period of 1996 to 2001, is and was 14.95%. Fxpenditures for infrastructure unproverrrents and maintenance, subsequent to 2001, 21 shall not be reduced below 15% of general fund revenues based on a five- (5)year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. -General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. -All other Municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702. PROCEDURE FOR HOLDING ELECTIONS.-All elections shall be held in accordance with the provisions of the Elections Code of the State of California., as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are, not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL. -There are hereby reseiAed to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. -Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. -Elective officers mid elective officers whose offices are made appointive of the City shall continue to hold such offices unti I the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or tior 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. 22 r' Section 801. DEFINITIONS. -Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g} "Person" includes firm and corporation. Section 802. VIOLATIONS. -The violation of any provision of this Charter shall be a misdemeanor- d-: l--I>e-prttaisl�bl�-t.•tp�-�ei�-b -a-- rt3e-txot-e�c-eeedh�g---1;� - �`ed and ixmext aet vielaii0e. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a)- The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b),• The word "mandates as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue. implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c)- This Section 803 shall not apply to: (1)- any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; 23 (2)- any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Later; (3)- any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4)- any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5)- any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6)- to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. tCHA118'1['lER RIEVR EW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every-ten years. 24 a Certificate of Proceedings in Adoption of Charter Amendment CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE CITY OF HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) We, the undersigned, Joe Carchio, Mayor of the City of Huntington Beach, and Joan L. Flynn, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned was a municipal corporation, duly organized in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29th Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively; That on the 7th day of June 2010, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2010-41 for the purpose of submitting to the electors of said City certain measures to appear upon the ballot, proposing certain amendments to the aforesaid Charter (Exhibit A— Measure N, which passed and - Measure O, which failed); That on the 7tn day of June, 2010, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2010-34 calling for a General Municipal Election to be held in the City of Huntington Beach, on November 2, 2010 (Exhibit B); We further declare that the foregoing constitutes a true and correct statement of the proceedings had by the City of Huntington Beach and the City Council of said City in the presentation of said amendment to the Charter of the City of Huntington Beach and election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Huntington Beach in Huntington Beach, California on the 13th day of ecember 2010. ATTEST: e rchio, ayo 4oa Flynn, City ClerCityofHuntington Beach Huntington Bea City of Huntington Beach Resolution 2010-41 • r RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS, a General Municipal Election on Tuesday,November 2,2010 has been called by City Council Resolution No.2010-34, adopted on June 7,2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund;and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW,THEREFORE,THE CITY COUNCIL of the City of Huntington Beach does resolve,declare,determine and order as follows: SECTION 1. That the City Council,pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1, revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved?' No "Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved?" No 1 09-2312/48429 Resolution No. 2010-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election, in time,form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 7,2010. MaNwOo AP ROVED AS TO FORM: C' Attorn y rp./-7 /CS VINITIA�7TEV EWED AND APPROVED: r 2 09-2312/48429 Exhibit"A",Resolution No.2010-41 EXHIBIT A PROPOSED CHARTER AMENDMENT NO. 1,REVISING AND RESTATING THE CHARTER OF THE CITY OF HUNTINGTON BEACH_(EXCLUDING CHANGES TO SECTION 617 RELATING TO THE INFRASTRUCTURE FUND) 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 U. 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 3 MEASURE N 09-2312/48429 Exhibit"A",Resolution No.2010-41 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 Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601. Annual Budget,Preparation by the City Administrator Section 602. Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget.Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607.Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610.Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VU. 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 4 09-2312/48429 Exhibit"A",Resolution No.2010-41 Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review CHARTER We,the people of the City of Huntington Beach,State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values-Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL.The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be.the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid,the remainder of the Charter and the application of such provision to other persons or circumstances,shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in 5 09-23 t2f48429 Exhibit"A",Resolution No.201041 cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer,or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL.All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302.COMPENSATION.The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive 6 09-2312/48429 Exhibit"A",Resolution No.201041 reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he should fail to act,by a majority of the members of the City Council. (d) ®pen Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. 7 0 9-2 3 1 214 8429 Exhibit"A",Resolution No.2010-41 (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current.technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. .(a) Quorgm.A majority_of the.members of the,City Council shall constitute a quorum to do business but a lesser.number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City.Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council- (b) Proceedings.The City.Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the.City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or-may contract for any prosecution,litigation or other legal matter or business. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes;shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people, and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. 8 0 9-2 3 1 214 8 429 + p Exhibit"A",Resolution No.2010-41 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-INTERFERENCEWITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative-service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.CITY ATTORNEY.)POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. 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. 9 09-2312/48429 Exhibit"A",Resolution No.2010-41 (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former.City officer or.employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,.unless-excused;and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. {f} Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary- (i) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (j}Assist and cooperate with the City Manager consistent with Section.403 of the City Charter- (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERK POWERS AND DITTIES.To become and remain eligible for City Clerk,the person elected or appointed shall have a bachelors degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. to 49-231298429 Exhibit"A",Resolution No.2010-41 (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and.open to public inspection when not in actual use. (e) Be the custodian_of the seal-of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself,-or does in the . future avail itself,of the provisions of the general laws of the State relative to the assessment of Property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. "The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act.for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting,finance,business,or public administration;or A Bachelor's Degree in accounting, finance,business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County,State or Federal governments,or from any court,or from any office,department or agency of the City- (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 Il 09-2312/48429 Exhibit"W',Resolution No.2010-41 deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (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 and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT- (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) 'Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. 12 09-2312/48429 Exhibit"A",Resolution No.201041 (a) Conflict of.Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood.or marriage within the third degree of any one or more of the members of such City.Council,nor_shall.the.City..Manager.or any.department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision;however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE O)H'Ii ICES AND PERSONNEL Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City.Council and shall serve at the pleasure of the City Council; provided,however,that the person occupying the office shall not be removed from office except as herein provided- (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor_ Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his 13 09-2312148429 Exhibit"A",Resolution No.2010-41 compensation shall continue until removal as herein provided.In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES.Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase,inspection,storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (i)Perform such other duties consistent with this Charter as may be required by the City Council. 14 09-2312/48429 Exhibit"A",Resolution No.201041 Section 402.ACTING CITY MANAGEIL During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager.In the event the City Manager fails to make such appointment,such appointment may be made by the City Council. Section 403.PERSONNEL.In addition to the City Council,a City Clerk,a City'Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers,assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance-or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement,demotion,suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system-The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a franchise,shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as 15 09-2312/48429 Fadubit'W',Resolution No.2010-41 follows:"No order for the payment of money shall-be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall.be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk- (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction_In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing-sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose.Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective.Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance,in the manner set forth herein;however,such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption_ Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. 16 09-2312/48429 Exhibit"N',Resolution No.201041 Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety,and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special-meeting and shall take effect immediately.upon ado ption,if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL.ADMINISTRATION Section 600.FISCAL YEAR.The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL.The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. 17 09-2312/48429 Exhibit"A",Resolution No.201041 Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last.day of the fiscal year it shall-adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect _ ..... .. ._for the ensuing fiscal y_ear.-Copies-thereof,certified.by the.City Clerk,shall be filed.with the City Manager,Director of Finance,City.Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one object or purpose to.another within the same department,office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year, which constitute general obligations of the City;and is 09-2312/49429 E)d&it"A",Resolution No.201041 2: A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. _(c)-. Special.levies;in_addition.to the.above and not subject to.the.above limitation, may be made annually,based on.City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are Herein set forth,to wit:parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0-15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed.$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied,enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section_ This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the.City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. 19 09-23W48429 Exhibit"A",Resolution No.2010141 Section 611.REVENUE BONDS.Bonds which are payable only out of such revenues,other than taxes,as may be specified in such bonds,may 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 out of revenues shall_be..issued without_the.assent.of_the majority.of the. voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds;for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants.Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility-or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total-membership of the City Council and by the affirmative vote of at least a-majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND 20 09-2312/48429 Exhibit"N',Resolution No.201041 - such act was being performed or service provided at the same location prior to January 1, 1989,AND - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility.structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment,or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council.and only upon the direction of the City Council_ Exceptions to this procedure are as follows- (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment, materials,supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended,and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers,utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the 21 09-2312/48429 Exhibit"A",Resolution No.201041 amount set by ordinance,shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days-before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids,or if no bids are received,or without advertising-for bids if the total amount. _ of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its.own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution.system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INIDEPENIDENT AUDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest,direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may,without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member.Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said term is defined in this paragraph,shall be placed in a separate fund 22 09-2312148429 Exhibit"A",Resolution No.201041 entitled"Infrastructure Fund."The term"Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach facilities, playgrounds,-traffic signals,streetlights,block walls along arterial highways,and all public buildings and.public ways.Interest earned on momes_in the Infrastructure..Fund shall accrue.to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,.including construction,design,engineering,project management, inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%.Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-.(5)year rolling average- (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VU ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in-each even-numbered year. Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be . held by authority of this Charter,or of any law,shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, for the holding of municipal elections,so far as the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers.The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as.such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 23 09-2312/48429 Exhibit W,Resolution No.2010-41 ARTICLE VIH . MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive.of the City shall continue to hold such offices until the completion of..their.current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith,are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall'is mandatory,and"may" is permissive. (b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency," 'officer,"or"employee" is a department,board,commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates"as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real 24 09-23 t 2148429 Exhibit W,Resolution No.2010-41 property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. _ .- ------ (c) This Section 803 shall not apply.to: (l) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity,including the City and.any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law_ Section 804.CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. 25 09-23 1 2/48 429 Exhibit"A",Resolution No.2010-41 PROPOSED CHARTER AMENDMENT NO.2 AMENDING SECTION 617 OF THE CHARTER OF THE CITY OF HUNTINGTON BEACH RELATING TO THE INFRASTRUCTURE FUND -Section 617.l[NFRASTRUCTURKFUND. The term"Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks, bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways. All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said term is defined in this section,.shall be placed in a separate fund entitled "Infrastructure Fund."Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design,engineering,project management,inspection,contract administration and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Expenditures for infrastructure improvements and maintenance,shall not be reduced below 15% of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five(5)year period of 1996 to 2001,is and was 14.95%.Upon adoption of the 2017/2018 budget,debt service,or any other indirect costs,shall not be included in the I S% calculation of the general fund expenditures for infrastructure improvements,repair and maintenance.Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall present a report its findings to the City Council . at a noticed public hearing prior to adoption of the following fiscal-year budget. 26 MEASURE 0 09-2312/4"29 Res. No. 2010-41 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None AA� Citiberk and ex-officio rk of the City Council of the City of Huntington Beach, California City of Huntington Beach Resolution 2010-34 RESOLUTION NO. 2010-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE HUNTINGTON BEACH,CALIFORNIA,CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 2,2010 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on Tuesday,November 2,2010,for the election of Municipal Officers;and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Charter there is called and ordered to be held in the City of Huntington Beach,California,on Tuesday,November 2,2010,a General Municipal Election for the purpose of electing four(4) Members of the City Council for the full term of four years;and a City Attorney for a full term of four years. Section 2. That the ballots to be used at the election shall be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. 10-2493/46732 1 Resolution No. 2010-34 Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election,in time,form and manner as required by law. Section 7. The City Council authorizes the City Clerk to administer said elections and all reasonable and actual election expenses shall be paid by the City upon presentation of.a properly submitted bill. Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED on by the City Council of the City of Huntington Beach at a regular meeting thereof held on 7th day of June ,2010. or REV D AND APPROVED: INITIATED AND APPROVED: QW5) CitfXdAiinistrator City Cl APPROVED AS TO FORM: City Attorney 10-2493/46732 2 . Res.No. 2010-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None y Clerk and ex-officlVClerk of the City Council of the City of Huntington Beach, California Complete Text of Amendment to Charter(Measure N-Approved) No . RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS,a General Municipal Election on Tuesday,November 2, 2010 has been called by City Council Resolution No.2010-34, adopted on June 7, 2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund;and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW,THEREFORE,THE CITY COUNCIL of the City of Huntington Beach does resolve,declare,determine and order as follows: SECTION 1.That the City Council,pursuant to its right and authority,does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1,revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to.Section 617 entitled Infrastructure Fund)as set.forth in the proposed measure be approved?" No "Shall proposed Charter Amendment No.2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund,as set forth in the proposed measure be approved?" No 1 09-2312/48429 OEM CITY OF HUNTINGTON BEACH CffY OF HUNTINGTON BEACH MEMBER OF THE Cliff COUNCIL MEMBER OF THE CITY COUNCIL NAME:BILLY O'CONNELL NAME:JIM KATAPODIS AGE:54 OCCUPATION: Busirnessowrner/Non-Profit Director OCCUPATION:Sergeant,LAPD As you consider your choice for 4 new Council Members,it will be important Once elected,my goal would be to preserve the quality of fife we enjoy in to select those who have a plan for our city's future. Huntington Beach.I realize more than ever that good government requires My Ideas are clear: the participation of honest,informed and involved citizens. We can no forger afford bloated bureaucracies or wasteful spending.I will I am a strong advocate of managed growth and responsible government make sure your tax dollars are working for you.With Billy O'Connell on the MY top priority is to ensure that police and fire departments keep our city Huntington Beach City Council you will have a strong voice for the taxpayer safe. delivering: A seasoned police supervisor with 32 years experience, I was formally Priorities—Our main mission is to keep our public safe and Sergeant-at-Arms at the Los Angeles City Council,where I observed both Clear Budget Pr our infrastructure sound.As your City Council Member,our budget will good and bad government.I have held many budgets, and roles throughout reflect thus common sense approach.As a current Huntington Beach Public the Years,have overseen million-dollar budgets,and dealt with complex Works Commissioner,I know the challenges we face and the solutions we Hsm issues. i served as second vice-president of the Gokienwest need to deliver. Homeowners Association and am on the board of directors of the Westminster Community Theater. Pension Reform—Public Employee Union pensions are out of control.The Surf City is a great place to live,but it will only stay that way if we establish public employee unions should have benefits equal to the taxpayers who and enforce sound policies. As a fiscal conservative, I will work for a get stuck with the bill. cost-conscious,transparent government. Keep City Government Scalable—I believe the private sector can deliver What we do in this city must be well planned and affordable.We must guard many of the services the city provides more efficiently and at a lower cost.I against growing too fast and authorizing excessive high-density housing. will keep our government overhead lower and help create private sector jobs by contracting with firms that want to provide top quality services at the Principled, experienced, knowledgeable, dependable, committed and best rate. responsive,I could serve effectively. Please visit www.bfffyforcourvCii.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: DAN KALMICK AGE:28 NAME:HEATHER GROW AGE:37 OCCUPATION:Small Business Owner OCCUPATION: Educator We must make City Hall work for the residents.Too many times over the I'm running for City Council because 1 love my community, its culture, past years have we had to go down to City Hall and plead for the City beaches,and residents.I have lived in Huntington Beach for over 3o years. Council to vote with the residents and not with developers_ 1 am a graduate of Marina High,UC Davis and McGeorge School of Law.My As a member of the Downtown Image Committee and HBDRA,I fought and love for people has led me to work for a local nonprofit organization,helping rallied with residents to help save Triangle Park and the Downtown Library. children who have special needs.I've spent thousands of hours serving my We prevailed in this instance,but we must change the direction of the City community and church. Council in order to save the city from radical over development. As our C' Council Member, I will y City represent you_ !refuse to be a'yes have worked as a consultant to a myriad of industries and worked in the person"to special-interest groups.I will work tirelessly to empower our city's public sector as a volunteer reserve firefighter with Orange County Fire youth,families,seniors,and taxpayers. Authority. My degree in Electrical and Computer Engineering from UC I have the courage to stand up and fight for what is right and the wisdom to Berkeley will help me to analyze,discern and find solutions to the complex sit down and listen. Huntington Beach residents need to know their issues that face the City Council and not rely on the PowerPoint concerns are being heard, their issues addressed, and interests are presentation from staff or a consultant as my only input or persuasion on issues protected.1 will listen and respond to you. On with a new council of young fresh minds can we be 1 am an energetic,no-nonsense,can-do person who will make a difference- our Y n9 good stewards for our City to protect the beach and our parks,continue strengthening of our I will serve with honesty,integrity,commitment and respect. infrastructure and work to augment public safety. Vote for Heather Grow for City Council. For more information go to www.dankalmick.com heathergrow.com CRY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CRY COUNCIL MEMBER OF THE CRY COUNCIL NAME:BRUCE JOEL BRANDT AGE:63 NAME:CONNIE BOARDMAN AGE:52 OCCUPATION:Aerospace Executive OCCUPATION:College Biology Professor The City needs educated Council Members to make proper decisions. I I served the community of Huntington Beach on the City Council from hold a Bachelors Degree in engineering from the University of Wisconsin 2000.2004, and as Mayor in 2003. 1 am running again because our and a Masters Degree in Business Administration from California State residents need leaders who listen. This council approved a 3,000-seat University,Long Beach.I am a licensed,registered professional engineer in basketball arena in a quiet Southeast neighborhood despite resident the state of Cal'domia(License#M18859).My career spans 40 years in opposition,and a massive development plan for downtown neighborhoods technical and program management on large multimillion dollar the community opposed. government programs. I was accountable for performance, cost and The council recently changed a land use designation,which had been in schedule. Honesty and integrity is first and foremost as an executive place for 29 years at Bolsa Chica from open spaoelparkland to residential, holding top secret clearances. 1 am experienced in small business, as despite opposition from more than 700 residents.Its time for our leaders to ownedbroker of my real estate company for 25 years.I will approach all city be responsive to the community again instead of outside special interests. items in a fad finding way. Government should be small and limited. City government's role is to We treed experienced leadership in these tough fiscal times.As Mayor in 1 provide for public safety and necessary city services,while always striving puLedblic making tough budget decisions while protecting core public services. to improve our citizens' quality of lie. The budget is the number one °libraries,fnfrastnrcture,parks and senior services_ challenge for our city council today.We must promote tourism and mart During our prior budget crisis,1 encouraged public participation by asking residential and commercial growth as income sources,while reducing city residents to suggest budget cuts.As a council member I treated everyone internal expenses to achieve a balanced budget.Throughout this budgeting with respect,listened to all viewpoints,and 1 will again. process,it is paramount not to impact necessary public services and quality If you support me,please support Team Huntington Beach.Please visit the of Ile in Huntington Beach_ Team Huntington Beach website for more information. (714)313,3939 www.teamhuntingtonbeach.com-www.connM)owdman.corn www.brandthbcitycounci1201 O_com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME:JOHN VON HOLLE AGE:62 NAME:BLAIR FARLEY AGE:38 OCCUPATION: Retired Municipal Employee OCCUPATION:Information Technology Director My name is John Von Holle_1 am running for the Office of City Council.I am 1 am dedicated to Huntington Beach and representing the people who live a sixty-two year old retired public servant of 36 years,working in the City's here.I currently serve as Chairman of the Planning Commission.During my Department of Public Works.I know the City of Huntington Beach,having four years on the Commission,business owners and neighborhood activists walked over virtually every square foot of it,as I oversaw projects for the have thanked me for my fairness as I've strived to balance the interests of maintenance and upkeep to our water,storm drain,and sewer systems.I our business community and our neighborhoods.I worked for twelve years personalty designed and drafted many of the upgrades that were used in at First Christian Church as a Youth Pastor and Communications Director_I our water system today. I have drafted City Ordinances, Polices and attended Dwyer and HBHS. I have served on various other City boards, Procedures, and I invite you to learn more about my education and including the 4th of July Board.My wife and I are raising our daughter here_I qualifications,and of my 18 year involvement in city politics,by visiting my am deeply involved in the tile of our community. webpage:www_iohnvonholle.corn As a Council Member I pledge to: I am a Life Scout and an ex-Scout Master and a Vietnam War Veteran.1 protect services to seniors and children hold to my Scout's Tenets and belief in the goodness of man. 1 seek a Make the tough decisions needed to balance the budget moderate civic office because,like my love of county,I have great affection for the c' that has been m home for the Fully fund our roads and infrastructure city y past twelve years,and place of occupation for thirty-six,until my retirement in 2009_ Work with Police and Fire to keep our city safe Use technology to make city government more efficient and transparent Protect open space,parks&beaches which are our greatest asset Most importantly f will neverforget that 1 workforyou!1 will beyour advocate in every decision I make. Vote Blair Farley on November 2, www.blairfatiey.com www.teamhuntingtonbeach.corn 714-612-2243 �d CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME:FRED SPEAKER NAME:JOE SHAW AGE:50 OCCUPATION:Businessowner/Planning Commissioner OCCUPATION:Small Business Owner Dear Friends and Neighbors. I am running because our neighborhoods,residents and local businesses Taxpayer First and Pro-Business with Common Sense—that's what I'm should have a greater voice at city hall.We need experienced leaders who about. will put our residents and businesses first. For 40 years,I've lived and worked in this community.I've been involved by Experience counts in this election.My experience as a business leader, serving as Planning Commissioner for over 10 years,as Vice-Chairman of planning commissioner, pubic works commissioner and community the Finance-Committee and on the Water Task Force Board in the VW volunteer,make me the best choice for City Council. which started a pay-as-you-go program — saving taxpayers over I will work to stabilize the budget,solve budget issues creatively,stand up $20,000,000.1 have always believed in a balanced city budget. for small business and promote sustainabdity of city resources-Our city's I've served on the Board of Directors of the Chamber of Commerce for nine energy savings and sustainability programs are a major part of budget years,and owned my own small businessfor over 20 years in this fine city.1 sdewals•1 will work to fully fund infrastructure repairs to roads,sewers and know what it is to live within a budget. sidewalks. We must balance the city budget using a Common Sense approach!We in these tough times,its critical that we protect our most vulnerable citizens. cannot afford frills in these hard times.Managing our limited resources I will work to avoid cuts to Senior Center programs and continue our senior while always considering the effect on taxpayers is vital! lunch and Meals on Wheels programs. Obviously,Public Safety must be our first priority.And we must take care of Our wide beaches,beautiful parks and wetlands are the best things about our seniors,our children,and our men and women in uniform who serve and Huntington Beach.Clean air, water and abundant open space create a protect us every day. quality of life that naturally spurs economic development. Please give me your vote for Huntington Beach City Council. Together,we can build a better Huntington Beach.Vote for Joe Shaw and add an experienced voice for our city's residents and businesses to the City Fred Speaker Council_ www.FredSpeaker4HBCouncil.com www.joeshawforhb.com,www.teamhuntingtonbeach.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: ERIK PETERSON AGE:42 NAME:BARBARA DELGLEIZE OCCUPATION: Business Owner OCCUPATION:Businessowner/Planninig Commissioner As a long time resident of Huntington Beach,issues in our city are very In November,Huntington Beach will elect 4 new councilmembers_Given important to me.After searing my country in the Marine Corps,I've spent 15 the economic challenges,it's more important than ever to elect individuals years applying my leadership skills in executive management.1 currently with the leadership skills to secure a bright future for Huntington Beach, own a technology business here in Huntington Beach. I respectfully ask you choose Barbara Delgleize.My focus will be: With our city's financial future being at a crucial turning point,this upcoming Fixing City Hall City council election is more important than ever.Electing competent and responsible council members is vital. i am running to bring back fiscal City Hall works for us — not the other way around. We cannot keep responsibility to our city.As a sitting member of the city's Finance Board,I shortchanging our residents.I will make sure tough questions get asked and see firsthand that our city is on an unsustainable path.Along with repairing City Hall is streamlined. City services should be priority, not our aging infrastructure,we need to keep and maintain our open spaces. extravagant municipal employee union benefits.I will deliver true pension Promoting new and existing local business is essential to increasing the reform for the taxpayers of Huntington Beach. city's revenues. Fixing Our Streets I care about our city and its future. tt you believe that there is room for I will deliver what we need most—a city free of broken sidewalks and improvement in theway our local areent has been running our city and crumbling streets.Our tax dollars must be reinvested in our community.We spending our tax dollars,then youu and nd I are on the same page. I believe need new sidewalks,restored streets and roads and revitalized community actions speak bider than words, and I'm dedicated to making the necessary changes to continually improve Huntington Beach_ amenities that we rely on daily. www_ErikPeterson4HBCC_com Starting Strong My experience will be an asset for our community.As a Huntington Beach Planning Commissioner,I have already cast votes for vital projects in our community.As the Chair of the Huntington Beach Chamber of Commerce 1 advocated for businesses in Huntington Beach to promote job growth and economic security.I am ready to work for you day one. www.Bad3ara2010.com isREM ��, CITY OF HUN TINGTON BEACH MEMBER OF THE CITY(COUNCIL NAME:MATTHEW HARPER OCCUPATION!:Goveming Board Member,Huntington Beach Union High School District I grew up in our community and graduated from our local schools,including Stacey Intermediate and Huntington Beach High School.Twelve years ago, you elected me to the HBUHSD Board of Trustees and I have worked to honor your trust in me. As HBUHSD Trustee, 1 fought to end the district's previous racial quota policy that denied the school transfer requests of some students exclusively on the basis of their race or ethnicity. My commitment is responsibl% conservative management of our city government.I will continue to oppose tax increases. With your vote, 1 will work to promote economic development, demand administrative and fiscal accountability, maintain public safety and infrastructure,protect private property rights,and defend personal freedom. My professional experience and education in Public Policy and Management from the University of Southern California prepares me to serve our city just as it prepared me for our school board. Respected and endorsed by our local leaders,including: Congressman Dana Rohrabacher Assemblyman Jim Silva Maya Green,Councilman Hansen,Councilman Dwyer HBUHSD Trustees Garland,Henry,and Simons District Attorney Tony Rackauckas Please mark your sample ballot or vote-by-mail ballot now and vote to elect HBUHSD Trustee Matthew Harper to Huntington Beach City Council. www.VoteMatthewHarper.com Mts _ . CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH CITY ATTORNEY CITY ATTORNEY NAME:JENNIFER MCGRATH NAME:T..GABE HOUSTON AGE:37 OCCUPATION:Huntington Beach City Attorney OCCUPATION:Attorney/Finance Boardmember 1 grew up in Huntington Beach and understand the needs of our community. I am fortunate to have grown up in Huntington Beach and to have laved, As a mother of two,it is critical to me that our city be safe,cherished and been educated and employed in other large cities throughout the U.S.and protected. Europe.I understand the diverse needs of our community and the need for I have been blessed to serve this community since 2002. As your City leadership with integrity. Attorney,my role is to advise the City Council and staff on all legal matters The City Attorney advises City Council and staff on legal issues. The regardless of personal opinion or partisanship.I protect taxpayer money, position is also responsible for protecting taxpayer money by avoiding reducing the need for taxes and fees by avoiding lawsuits whenever frivolous lawsuits and successfully defending the city against litigation. Possible and aggressively defending all lawsuits against the City.Your tax As an attorney,a business owner and financial professional f understand dollars should not be wasted on frivolous lawsuits,but dedicated to public the importance of city safety and asset protection while maintaining a safety,infrastructure,and community services. budget.As a Finance Board member I help recommend strategies to City I have a proven record of superior legal representation of the City with Council to preserve our financial resources.Our tax dollars should be saved reduced reliance on outside counsel. Most notably, my actdevements or spent appropriately on infrastructure,community services and public include establishing a philosophy and reputation of aggressive defense of safety rather than unnecessary litigation. litigation by in-house staff; providing immediate advice to all City ntly Departments including Public Works, Police, and Fire; and training City Huntington Beach deserves quality Legal l wsuits. he citizens Our city deserve and staff on a wide variety of topics on an annual basis to help them do things lost tens f of millions of tax dollars d failed lawsuits.The citizens deserve and the right way the list time. expel financial responsibility and sound legal dec'sion-making_d�time to make a change and elect leadership to be proud of. If re-elected,I will continue to reduce the City's exposure to costly litigation As City Attorney I will reduce our city's exposure to costly litigation and will through training and quality legal advice. uphold the integrity of the position through responsible leadership. www.GabeHoustonforGityAttomey.com ORANGE COUNTY WATER DISTRICT ORANGE COUNTY WATER DISTRICT DIRECTOR,DIVISION 6,SHORT TERM DIRECTOR,DIVISION 6,SHORT TERM NAME:CATHY GREEN NAME:ROBERT R.MCVICKER OCCUPATION: Mayor of Huntington Beach ,. OCCUPATION:Water Resources Manager Water is precious,but does not need to be expensive. The Orange County Water District(OCWD) is Orange County's ground My pledge:1 will provide you with abundant,clean,fresh water at the water management agency.OCWD was formed 77 years agoto protect and lowest possible rate.Expensive benefit casts,high salaries and operating enhance the groundwater that the community depends on for two thirds of costs shall be controlled- our water needs.Strang leadership and technical expertise are needed on the OCWD Board to continue providing us reliable,high quality water.My I was twice elected to the Huntington Beach City Council, and am background and experience demonstrate that 1 can provide that leadership currently serving my.second term as Mayor.My public service commitment and expertise. has always been low taxes, public safely and improved infrastructure. Throughout my 26 year career as a water resource professional 1 have Those commitments will continue as your Water District representative. focused on helping water agencies expand and enhance their use of Experience matters:I've served on many regional water related Boards, groundwater.My water management experience includes roles in both the inducing Orange County Sanitation District, Orange Canty Harbors, private and public sectors. Beaches and Parks Commission, West Orange County Water Board, I have represented water districts in complex negotiations with regional and Groundwater Replenishment Committee,Santa Ana River Flood Protection state agencies.I have developed innovative water supply plans to provide Agency,and Huntington Beach Citywide Water Quality Subcommittee. sale,plentiful and affordablewater to area residents.I am recognized by my I believe a diverse water portfolio includes conservation,water recycling, peers as an expert in the operation of the Orange County groundwater new water sources and improved storage, guaranteeing an affordable basin. supply in times of crisis. With your support, I will use my experience and expertise to ensure a 1 am a Registered Nurse with a degree in Law.1 have the knowledge, continuous affordable and safe groundwater supply for Orange County.I experience and dedication to solve your critical water needs. invite you to contact me anytime at h2oergr530verizon.net or My husband Peter and 1 are 40 year residents of Huntington Beach.We 71 4-9 0 43 81 9. raised our children here. 1 respectfully ask for your vote. Most community,business and professional leaders say go with Cathy Green. 1 would be honored by your vote.Thank you. www.Cathygreen4water.com ORANGE COUNTY WATER DISTRICT DIRECTOR,DIVISION 6,SHORT TERM NAME: DON MACALLISTER OCCUPATION: Businessman Water is our life:if we fail to develop new sources of water and actively preserve the water we have,our way of life will change drastically-My goals are to bring you and your family quality water at the lowest cost possible. My experience well prepares me to and be accountable.As the owner of a local business and a former Mayor of Huntington Beach,I know how to get the job done. Additionally,I have served in such volunteer activities as the Huntington Beach Council on Aging,Kiwanis,Boys&Girls Club,HB Union High School Board of Trustees&Boy Scouts of America. My service in the local business community and as a leader in our local organizations gives me the ability to understand the OC Water District's business requirements to achieve our goals. We need a fresh business approach from someone who combines business and community experiences and has the time and desire to serve you.I am that person. Vote for Don MacAllister to represent you on the OCWD Water Board. IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE N This measure would revise and restate the Huntington Beach City Chatter,which operates as a'constitution'for the City and gives it certain powers under California law. If approved by a majority of those voting on it,the new Charter will become effective on the date accepted and filed by the California Secretary of State.If not approved by a majority,the existing Charter will remain in effect The proposed changes are: The City's form of government is changed from Council-Administrator to Council-Manager,the title of the chief administrative officer of the City is changed from City Administrator to City Manager.Currently,the City Administrator appoints or removes all non-elected department heads after review and approval by the(Sty Council.The proposed Charter gives the City Manager authority to appoint or remove all department heads except elected officials and the Police Chief without City Council approval. Most other powers and duties of the position remain the same. The current Charter requires voterapproval for certain projects in city parks or beaches,including the construction of structures costing more than$100,000. The proposed Charter raises the cost threshold for such strictures to$161,000,and adds an annual Consumer Price Index adjustment to the cost threshold. Underthe proposed Charter,no voterapproval would be required forcertain public works utility structures,certain projects mandated by state or federal law, or certain renewable energy projects.For all projects subject to voter approval,the proposed Charter-requires that appropriate environmental analysis, conceptual cost estimate,and reasonable project description must be completed and widely disseminated to the public before a project is submitted to the voters. The proposed Charter will change numerous other operational aspects and policies of the City:the Preamble is amended to set forth the values,goals and purpose of the City government;new qualifications are added for the elected offices of City Clerk,City Treasurer,and City Attomey;the use of current technology to disseminate information and publish legal notices is required;elected department heads or their staff are prohibited from negotiating labor contracts on behalf of the City;new rules are added related to forfeiture of elected city offices,emergency ordinances,and submittal of the annual city budget to the City Council;threshold amounts for bidding on public works contracting would be set by ordinance,instead of by Charter the City's fiscal year would be established by resolution of the City Council,instead of by ordinance;all department heads are required to assist and cooperate with the City Manager in administering the affairs of the City;and no less frequently than every tern years,the City Council is required to determine whether additional charter review is required. The above statement is an impartial analysis of Measure N.A copy of the measure may be obtained from the City's website,the City Clerk's Office or the elections official's office at(714)536-5227. ARGUMENT IN FAVOR OF MEASURE N The Huntington Beach City Charter deemed by many as our city's "Constitution"is the foundation of our great city and its guiding principles. The Charter defines the responsibilities of our elected officials,establishes roles for our professional staff,and provides essential protections to our local rights and community assets.It is a living document meant to reflect the shared vision we have for our city and the best it represents. Last year, Huntington Beach commemorated our first centennial. In recognizing this historic milestone,we celebrated our unique history and paused to reflect on our future.As part of that reflection,the City Council authorized a commission to review our City Charter to ensure we were well prepared to meet the opportunities of the next 100 years. The City Council selected 15 community members to take up the task of independently reviewing our Charter_ The commission included former elected officials, community activists and volunteers who were stepping forward for the first time. The commission, armed with a diversity of experience and thought,scrutinized and debated the Charter- section by section.After a series of meetings lasting 9 months,they delivered a list of recommendations to the City Council unanimously supported by the group. The thoughtful recommendations presented for your support bring the City Charter current to our needs today.The necessary changes establish clear lines of accountability for our management team, enhance our ability to deliver key information via new technologies, and update financial benchmarks relevant to our current economic realities. We respectfully ask for your YES vote on these essential amendments. s/Don Hansen,Councilmember,City of Huntington Beach s/Keith Bohr,Councilmember,City of Huntington Beach s/,toe Carchio,Councilmember,City of Huntington Beach s/Devin Dwyer,Councilmember,City of Huntington Beach No argument against this measure was submitted. 8605 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE 0 This measure would revise and reorganize City Charter Section 617 entitled"infrastructure Fund.'The substantive change to existing Section 617 provided by this measure is that upon adoption of the 2017/2018 budget,debt service,orany other indirect costs,shall not be included in the 159/6calcutation of the general fund expenditures for infrastructure improvements,repair and maintenance. pursuant to the measure,the Lams'Infrastructure'is defined as big-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters, sidewalks,bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways, and all public buildings and public ways. The measure requires that all revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,for infrastructure purposes shall be placed in a separate fund entitled'Infrastructure Fund."Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose, interest earned on monies in the Infrastructure Fund shall accrue to that account. The measure provides that expenditures for infrastructure improvements and maintenance shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five(5)year period of 19%to 2001,is and was 14.95%.Upon adoption of the 2017/2018 budget,debt service,or any other indirect costs,shall not be included in the 15%calculation of the general fund expenditures for infrastructure improvements,repair and maintenance.Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The measure provides that the City Council shall by ordinance establish a Citizens infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall report its findings to the City Council at a noticed public hearing prior to adoption of the following fiscal-year budget. The above statement is an impartial analysis of Measure O.A copy of the measure may be obtained from the City's website,the City Clerics Office or the elections official's office at V14)5W-5227. ARGUMENT IN FAVOR OF MEASURE 0 REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE 0 In 2002,the voters of Huntington Beach sent a clear message—it was lime Ballot box budgeting has failed California and it will fail Huntington Beach. to get our budget priorities straight Measure FF established an Making hard and fast rules that limit the ability of our city to fund infrastructure fund directing 15% of our general fund tax dollars be reinvested in much needed infrastructure repairs and maintenance. infrastructure protects will result in unforeseen and unknowable future economic hardship. One does not have to go far to see first hand the needs we face. Buckling Here is an example of the kind of unintended consequence that will result sidewalks,pot-holed roads,crumbling block walls,and standing water are from this measure: present in most neighborhoods in Huntington Beach.In many cases,the conditions are borderline hazardous.Years of neglected maintenance and Governments finance infrastructure in two ways: pay-as-you-go and deferred replacement have taken a toll. The estimated cost of the total long-term bond financing. Pay-as-you-go means the city would be limited to needed improvements city-wide exceeds$1.48 Billion dollars. cash on hand to pay for a project(in this case, 15%of the general fund). The infrastructure fund was intended to be the first step in solving this Long-term financing, on the other hand, allows the benefit of financial leveraging.Unfortunately,the fund has been warped by the city policy makers entrusted to implement our direction.By using a loophole,the infrastructure For example,if beach-parking revenue generates$1 million per year,the fund has been raided inappropriately to balance the budget instead of pay-as-you-go approach would only allow the city to build$1 million in funding the critical repairs needed in ourcommunity. beach improvements.If the$1 million is used to finance development(by Over the past 6 years, the tax dollars we directed to be programmed borrowing at 61%for 30 years),the city could build over$10 million worth of specifically for repairs and maintenance were diverted to pay bond holders beach improvements. Moreover,the benefit would be paid by future users on older j roects.This'technical"maneuver short rather than just current taxpayers. p changes our community over$6 million each year in vital projects.Over$55 million has been used Another unintended consequence will be the closure of existing facilities to for debt service since 2002. offset debt that has already been incurred. Is existing infrastructure not ' That's$55 million less for new sidewalks, park maintenance, and safe worthy of taxpayer support? roads. There is no single finance model that is universally successful. Rather than Leaders in our community are working to close this loophole and reaffirm lock our city into one model,policymakers should be given the latitude to the direction we gave in 2002. Members of our City Council,Public Works assess conditions and proceed with the most suitable financing method. Commission, and Charter Review Commission have collaborated to We urge you to vote no. eliminate this technicality. Their effort has culminated in this amendment Jill Hardy,Mayor Pro Tem presented for your support. sl Your"YES"vote today will get our tax dollars back to work as we originally s/Keith Bohr,Councilmember intended.Our community cannot afford to neglect these pressing needs s/Debbie Cook,Former Mayor any longer. s/Gil Coerper,Councilmember s/Don Hansen,Councilmember,City of Huntington Beach s/Joe Carchio,Councilmember,City of Huntington Beach s/Devin Dwyer,Councilmember,City of Huntington Beach 86061 ARGUMENT AGAINST MEASURE 0 REBUTTAL TO THE ARGUMENT AGAINST.MEASURE O The intent of this amendment is to increase infrastructure funding.The irony, It is surprising that opponents of Measure 0 would.continue to twist the is it will dose existing facilities and fund short-lived repairs at the expense of original intent of the voters. They would have you believe this measure multi-generational infrastructure needs. would limit how we finance projects in Huntington Beach and ultimately Imagine you purchase a home expelling to deduct the interest on your result in painful service cuts. mortgage. Suddenly the rules change and interest deductions are To put it simply—that is not true. eliminated. Your household budget gets squeezed along with that roof Fact This measure ensures we will follow through an the commitment we repair you had contemplated financing with a second mortgage.You set made in 2002. aside money month after month and white you save, your lealdng roof damages the walls.By the time you have saved enough for the repair,the The voters of Huntington Beach Beady directed that a baseline minimum cost and scope of repairs has skyrocketed. 1 W.of our tax dollars should fund infrastructure repairs and maintenance. Long-lived and necessary infrastructure projects will be delayed if financing This is less than half the amount necessary to fund our needs.Neglecting is limited to current revenues.The City dedicates an average 15%of the this obligation will only continue to escalate the cost—a truth our opponents General Fund to infrastructure. Long-fired capital projects, in both the concede. public and private sector,require financing.Financing allows cost sharing Fact Measure 0 does not limit the city's ability to finance projects. across the generations of residents who will use the facilities. If this Huntington Beach will continue to use a broad array of financing alternatives measure passes,then only current tax payers will pay and future residents to fund its capital program No element of this measure restricts the city's will enjoy the benefits at no cost. . ability to finance its future projects. Shortxved projects,such as street slurrying,tree trimming,and pot-hole Fact Many solutions to the budget shortfall are being investigated. repairs are already made with 'pay-as-you-go"monies where no debt is incurred. It is surprising the opponents believe the only solution to ourbudget shortfall If passed, $6,000.000 will have to be cut from the General Fund is the elimination of services to our community. Huntington Beach must annually—which has already been slashed$31,000,000 in the past two streamline service delivery, reduce overhead and cut wasteful spending. years The rest of America have made these tough choices—its time our local bureaucracy did the same. Potential reductions submitted by staff to cover the $6,000,000 annual Fact This measure commences with the 2017/2018 budget. shortfall include closure of one fire station,elimination of senior services, closure of branch libraries,20%reduction in uniformed police patrol,further Measure 0 will activate in 2017. Deferred implementation will allow for reductions in park maintenance,closure of Edson and Murdy Community appropriate planning by our city leaders and economic recovery from these Centers,and closure of the an center--eliminating existing infrastructure to tough times. satisfy a new mandate. We continue to request your support This measure is fatally flawed.Please vote no. s!Don Hansen s/Jill Hardy,Mayor Pro Tem,City of Huntington Beach Councilmember—City of Huntington Beach s/Keith Bohr,Councilmember,City of Huntington Beach st Devin Dwyer s/Debbie Cook,Former Mayor,City of Huntington Beach Councilmember—City of Huntington Beach s/Gil Coerper,Councilmember,City of Huntington Beach s/Joe Card-tto Councilmember—City of Huntington Beach s/Shirley Dettloff Past Mayor—City of Huntington Beach s/Dave Sullivan Past Mayor—City of Huntington Beach 8606_2 i IMPARTIAL.ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE P Ballot Measure P proposes adoption of an ordinance to replace and update the existing telephone and video user tax sections of the City's utility user tax ordnance.The proposed ordinance would reduce the telephone and video user tax rate from 5%to 4.9%and apply the tax more broadly to telephone and video services,regardless of the technology used or method of billing and/or collection of the tax.The tax dollars are used exclusively within the City for general govemmental purposes.The methodology whereby users are taxed cannot be expanded without a vote of the people.The proposed ordinance has no effect on the existing utility user tax applied to electrical,gas and water services. The existing ordnance was written in 1970 and updated in 1988 and 2003.The current tax rate is 5%. The ordinance has become outdated due to rapid advances in technology,as well as new legislation and federal and state court decisions that limit the application of the tax. Currently,the City does not tax many communication services and devices that have recently come into existence,such as voice-over-internet protocol. In addition,recent federal court decisions have cast doubt on whether the current ordnance can be imposed on long distance,cellular and bundled telephone services. Should the City be sued,or if adverse decisions are reached that are binding on the City,the revenue collected from the current ordnance would be reduced substantially. The 2009-2010 revenue from the cable and video tax is projected to be approximately$8,725,000($6,650,000 telephone and$2,075.000 video). This total is less than the previous year tax total of$9,292,158 because there are less telephone and video services that the City is able to tax.Adoption of the proposed ordnance would protect the City from adverse litigation as well as capture telephone and video services that are being eroded from the City tax base because of changing technology. Ayes"vote is in favorof adopting the updated communications tax ordinance summarized above. A"no"vote is against adopting the ordnance. A majority ofyes"votes is required for the ordnance to be enacted. The above statement is an impartial analysis of Ordinance 3883,Measure P. If you desire a copy of the ordinance and/or measure,please call the elections official's(City Clerk)office at 714-536-5404 and a copy will be mailed to you. In addition,you may obtain a copy of the measure and/or ordinance at the City website www.huntingtonbeachca.gov. JENNIFER MCGRATH City Attorney ARGUMENT iN FAVOR OF MEASURE P Yes on P protects Huntington Beach's public safety and other essential municipal services from state money grabs—while decreasing the tax rates. Since 1980.our residents have paid a Utility User's Tax(UUT)on electricity, gas, water, cable television,and telephone. Like marry other California cities,Huntington Beach uses this funding to provide essential city services such as public safety,9-1-1 services and senior programs. Yes on P simply updates Huntington Beach's existing UUT to fully comply with new federal regulations and include modem communication technologies, ensuring all residents are treated equally regardless of technology used_ This is NOT a new tax. in fact,this tax will be slightly reduced. Yes on P guarantees that tax rates can't be increased without voter approval. Exemptions for low-income residents are protected. Huntington Beach's existing UUT provides$6 million in funding per year to maintain police patrol of our streets and neighborhoods, support after-school programs,fund youth anti-gang and anti-drug programs,and pay for services that last year prevented 3,90o tons of debris from polluting our beaches and coastal waters. Yes on P protects local revenue insuring that it cant be taken by Sacramento,it also avoids lawsuits that other cities have faced. YES ON P IS FISCALLY ACCOUNTABLE and requires annual financial audits to ensure all funds are property spent. The public will continue to review all city budget expenditures. Sacramento politicians have taken nearly$11 Million of Huntington Beach's money,in the past year, to balance their budget. By legally requiring all funds to continue to be spent locally, Measure P gives our residents continued control over how ourmoney is spentfor vital city services.police, fire,9-1-1,parks and recreation,storm drain maintenance,and repairing local streets and roads. Please Vote YES on P! Signed, s/Cathy Green Mayor s/Jill Hardy Mayor Pro Tom s/Keith Bohr Councilmember/Former Mayor s/Ken Small Police Chief s/Don MacAllister Chairman,Huntington Beach Council on Aging No argument against this measure was submitted. 8607 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE 0 Section 612(b)of the Huntington Beach City Charter provides that no structure oosting more than$100,000 for construction may be built in any City park or beach without voter approval. This Measure asks the voters whether the City should permit the construction of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Balsa View Park located at 5741 Brighton Drive.The antenna at Harbour View is approximately 55 feet tall and designed to resemble a palm tree. The antenna at Balsa View is approximately 57 feet tag and designed to resemble a broadleaf tree. In September 2007,the City approved zoning pennits for both antennas. In January 2009,the City Council approved 10-year license agreements with T-Mobile,a mobile telephone company,to locate mobile telephone antennas at Harbour View Park and Balsa View Park When the City learned in April 2009 that the cost of construction exceeded$100,000,the City suspended the zoning permits and required that T-Mobile obtain voter approval. In response,T-Mobile sued the City,and in a July 9,2010 preliminary ruling,the Federal District Court determined that voter approval requirement violated the Federal Telecommunications Act to the extent that it impedes the Cady from acting on antenna apprrcations'within a reasonable period of time" At the same time,the Court allowed the City to conduct an advisory"election on antennas. The Court then gave the City Council until September 7,2010 to either grant or deny the antenna permits. If the City Council denies the antennas,the Court may overrule the Council at a hearing prior to trial,or may conduct a trial beginning on November 9,2010,after the November 2,2010 election,to review the Council's decision. In response to the Courts ruling,the City Council decided to reconsider the antenna permits on August 30,2010.and submit to the voters the question of whether the antennas should be permitted in the two Parks. Because of the lawsuit,the impact of this Measure cannot be definitively stated. If the lawsuit proceeds to trial in November 2010,the election will inform the City Council and the Court whether the voters approve of constructing antennas at Me two Parks. Further,the City Attorney disagrees with the conclusion of the Federal Court that Section 612 violates the Federal Telecommunications Act By conducting an election now, the results will be available to be considered by the Ninth Circuit should the City appeal the District Courts tulmg. s/JENNIFER MCGRATH City Attorney ARGUMENT AGAINST MEASURE 0 RESTRICT CELLULAR TOWER CONSTRUCTION FROM RESIDENTIAL LOCATIONS AND ELEMENTARY AND MIDDLE SCHOOLS The jury is still out on the longterm effects of RF transmissions on children and adolescents. One of the proposed locations is 20 feet from the kindergarten playground and classes of Harbour View School;the other is in the middle of a residential neighborhood.Access to cellular service is not at issue here—caution is. Our city has countless retail developments, parking lots,and utility tocations where cellular towers could be constructed away from schools and homes and still provide needed wireless coverage and competition. Let's be safe.Let's be smart.Don't allow cell towers in Huntington Beach next to classrooms or outside your front door. NOT WORTH THE RISK TO CHILDREN OR ADULTS There continues to be considerable debate as to the adequacy of existing public exposure standards including those promulgated by the Federal Communications Commission. This technology is too new to know if the long-term and compounded exposure will have any effect on children. Moving the location of cellular fa ifi ies away from schools and residential areas will ensure individuals, especially children, are protected from the potential health effects associated with exposures to extremely low frequency electromagnetic and radiofrequency radiation. A`NO"VOTE ON MEASURE 0 MEANS NO CELL TOWERS IN OUR SCHOOLS AND PARKS s/Alan G.Rasmussen,Ed.D. Superintendent,Ocean View School District s/Cindy Osterhout Principal,Harbour View Elementary School s/Dr.Harry Pellman Pediatrician,Edinger Medical Group No argument in favor of this measure was submitted. 8608 VOTER BILL OF RIGHTS 1. You have the right to cast a ballot if S. You have the right to receive you are a valid registered voter. assistance in casting your ballot, if you are unable to vote without assistance. A valid registered voter means a United States citizen who is a resident in this state, who is at least 7. You have the right to return a 18 years of age and not in prison or on parole for completed vote-by-mail ballot to any conviction of a felony, and who is registered to vote precinct in the county at his or her current residence address. & You have the right to election materials 2. You have the right to cast a provisional in another language, if there are ballot if your name is not listed on the sufficient residents in your precinct to voting rolls. warrant production. 3. You have the right to cast a ballot if you 9. You have the right to ask questions are present and in line at the polling about election procedures and observe place prior to the close of the polls. the elections process. 4. You have the right to cast a secret You have the right to ask questions of the precinct ballot free from intimidation. board and election officials regarding election procedures and to receive an answer or be directed 5. You have the right to receive a new to the appropriate official for an answer. However, balllot if, prior to casting your ballot, if persistent questioning disrupts the execution of you believe you made a mistake. their duties, the board or election officials may discontinue responding to questions. If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to 10. You have the right to report any illegal exchange the spoiled ballot for a new ballot. or fraudulent activity to a local Vote-by-mail voters may also request and receive a elections official or to the Secretary new ballot if they return their spoiled ballot to an of State's Office. elections official prior to the closing of the polls on Election Day. If you believe you have been denied any of these rights, or if you are aware of any election fraud or misconduct, please call the Secretary of State's confidential toll-free VOTER PROTECTION HOTLINE AT 1-800-345-VOTE (8693). CUTE® ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue I Building C I Santa Ana,CA 92705 1 714.567.7600 Proof of Publications of Notice of Election A r ,j Q NOTICE OF ELECTION . Huntington Beach Independent has been adjudged a newspaper of gene circulation in Huntington Beach and Orange County by Decree of the Super NOTICE IS. REBY GIVEN that a General Municipal Election will be in the City of Court of Orange County,State of California under date-of Aug. 24, 1994,c Huntington Beach on'Ihesday,November 2,2610,for the following Officers and Measures:- A50479. For four(4)Members of the City Council (Full term of four years) For a(1)City Attorney (Full term of.four years) O" OF "Shall proposed Charter.Amendment No.1,revising and�restating PUBLI�T 7 Yes �1��1C ,A ��®�T �®��CG it tlteCharteroftlie City tifHuatington Beach(eaccludingchanges j CATION 1'A l� t6i N to Section 61V entitled Infiastrueture Fund)as set forthIin the proposed measure be approved?" STATE ATE OF CALIFORNIA ) ."Shall.proposed'CliarterAnietm-tN . ,amendngSeti on� Q ® 61fhaeG Yes1ote Charter , gton Beach entitled / SS. Infrastructure Fund,as set forth inlhe proposed measure be , COUNTY OF ORANGE ) appr°red No I am the Citizen of the United States and a H"ntington Beach UUTeModernization/ceanetionMeasure• To preserve vital city services shall Huntington Beach's existing.utility I, resident of the County aforesaid; I am over use.,arciinanee be modernized and reduced by A%to maintain the age of eighteen years; and not a party 9-14-emergency response times,police officers;firefighters;public to or interested in the below entitled matter. � ''er cit'semc s,requiring equal senior treatment storm grains and other city setvices,requiring equal treatment of taxpayers am a principal clerk Of the HtiNTINGTON regard)essoftechnologyusedwithlowmcome senior e"emptio°s'. BEACH INDEPENDENT, a newspaper Of audits,local control of funds,and no raw increase without No voter approval? general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the The nomination period for these offices begins on July 12,2010 and closes on August b,2010 at 5:00 p.m. attached Notice is a true and complete copy as was printed and published on the If nomination papers for an incumbent officer of the city are not filed by August b,2010(the following date(s): 88th day before the election)the voters shall have until the 83rd day before the election,August It,2010,to nominate candidates other than the person(s)who are the incumbents on the 88th day before the election,for that incumbents elective office. If no one or only one person is nominated for an elective office,appointment to the elective July 15, 2010 office may be made as prescribed by Section 10229,Elections Code of the State of California. The polls will be oben between the hours of 7:00 a.m.and 8:00 p.m. /s/Joan L.Flynn 1 declare, under penalty of perjury, that the City clerk foregoing is true and correct. L Dated: July 7,2010 Executed on July 15, 2010 at Costa Mesa, California Signatu The foregoing Instrument is a correct copy of the origin I on file In this office. Meet i20 CIty t er c an - cio o e Council of the City l f Huntington Beach, cadd�orndic Ude P1 ndtWJ By Deputy 2010 11 2 qm Flll P (1 2 YMJA�QJNM UUT Affa 0.01%, JAM-It 9-1-1 Q n� W v rfriAA WAVM4T9% AVMM? Rat 2010 * 7fj 12 M144, (12010 8 �j 6 QTT5 �y�Mu 2010 W- 8 Yj 6 H(XWZA-t1M 88 )C)i%A� `W4"Q11 83 1jI 2010 8 11 Qt1rtiEJU88 7 � 8 ° The foregoing i trument is a correct k r cppoµµpY of the origl al on file In this office. Meet Meet� � 9[ �20 /s/ Joan L. Flynn rh if aC Council of the C _ o ii +tin ii `` � art rs o o (►n�,c�Q �i° CaUforriia. Y gt�in each, HM: 2010 � 7 fl 7 H 2 LT42103-1 _ -Deputy Dep 40600-2 C`"`Y AFFIDAVIT OF PUBLICATION ' _ `'aez'y, .x'��'-�3'o i�%;,"r,•:/:S'i.."-^..;r.._,i�"�....,-"-.�....,..5'"..',YL�l4f._ ,L:c3''wa�vyt at STATE OF CALIFORNIA, ) County of Orange ) 1 xe � aealadi nega�a 1� Ias A1 ; I am a citizen of the United States and a r: t€ � 2� Ia vtctlextc 1 resident of the County aforesaid: I am over the c� alaaa°e,+a>tste delzta. 1' age of eighteen years, and not a party to or +� AVISO DE ELECCIONES interested in the above entitled matter.I am the principal clerk of the printer of Excelsior, a POR LAPRESENTE SE RMA que el martes 2 de noviembre de 2010 se realizarin Elecciones Municipales Lett es en la Ciudad de Huntington Beach pars los siguientes newspaper of general circulation, published in Funci6nariosyMedidas: the City of Anaheim, County of Orange, and Para cuatro(4)Miembros del Concejo Municipal(Mandato completo de cuatre afios) which newspaper has been adjudged a Para un(1)Procuradorde la Ciudad (Mandato completo de cuatro afios) newspaper of general circulation by the %Se aprobari la propuesta de Enmienda N'l de la Carta, que rerrisa y reformula la Carta de la Ciudad de Huntington Si superior County Central District of the County N Beach(excluyendo Ins cambios a to Seccion 617 titulada Foado de infraestructura),tal Como se expresa on la medida of Orange, State of California under the date propue No of February 25, 1997, Case Number "iSe aprobara la propuesta de Enmienda N°2 de la Carta que modifica la Secci6n 617 de la Carta de la Ciudad de Si A186380 that the notice of which the annexed Huntington Beach titulada Foado de lnfraestructura tal Como se expresa en la medida propuesta`.'" is a printed copy, has been published in each No regular and entire issue of said newspaper and llte&da de Modemizacioa,'Reduccion del uur de { I Huntington Beach.Para preservar servicios vitales de la Si not in any supplement thereof on the following Ciudad, Zse modemizari la ordenanza existente de Huntington Beach para usuarios de servicios publicos y se dates,t0 tiv I la reducira en un 0,1% pars mantener Ins ticmpos de I No respuesta de emergencia del 9-1-1,oficiales de policia, V v i bomberos,comunicaciones.,equipos de seauridad p6blica. I certify (or de,1 re) under penalty of perjury servicios para ancianos, drCnajcs de, tormenta y otros servicios de la Ciudad, que requieren no tratamiento that the foregOit�g is true)and correct. igualitario de los contribuyentes independientemente de la Executed at Santa Ana,California tecnologia usada con exenciones pars aucianos de halos ingresos,auditorias anuales, control local de fondos, y Date: _ niagun aumento de tasas sin aprobaci6n de los votantes° r El periodo de nominaci6n para estos cargos comienza el 12 de julio de 2010 y cierra el 6 f; de agosto de 2010 a las 5:00 p.m. F t` ignature� Si no se presentan los papeles de nornmaci6n de un funcionario de la cudad en funciones �.— antes del 6 de agosto de 2010(el 88avo dia antes de(as elecciones),los votantes tendrin hasta el 83avo dia antes de las elecciones,I I de agosto de 2010,para nominar candidatos Exceq, ademis de las personas que ocupan el cargo en el 88avo ' antes de las elecciones,para Del Condadol De Orange dcazgoelectivodeesefuncionario. 523 N.Grand Avenue Si nadie o solo una persona es nominada Para un.carg electivo,se pods realizar el Santa Ana,CA 92701 nombramiento para el cargo electivo tat Como to prescribe la Secci6n 10229 del C6digo Electoral del Estado de California, The foregoing instrument is a correct Las untas estarin abiertas entre las 7:00 am.y las 8:00 p.m. copy of the original on file;in this office, /s!Joan L.Flynn Meet 20 Secretaria de la Ciudad Fecha:7 de julio de 2010 @ Cart �C�offic a i t e Council of the City of Huntington Beach, DeputyBY 1- C�I�lol� THON"GO RA I$ JON TH6NGBAO CHO'B19'T LA mgt cuoc TO'ngTlnyen f1) ,Thi se difac to chiic tai Thanh Pho Huntington Beach vaa thti Ba, . ngay 2 thang MtM-Mot,cho cac Wen Chdc va Dti Luat sau day. Cho bon(4)Than}i.ven cna HQi Ddng ThAnh Pho (Trg'nitiem ky bon am) Cho mot(1)Bien 1 y Thanh Pho (Tron nhiem.ky bon;nam) , "Ligu de nght Sh i i Hien,,92 xA tg4 1,seia Lai vi n6i lai then Ch>itgtg Thitt Phi Huntington Beach f, (khdng ke cac that'dot elto'I(tafl_6t-7 mang tira de Quy"Dinh Cho Can Tnic Hal agt.nhti da Mu trong KhSng du luatde nghi c6 dtfdc c ptrliti dn,ltay)thong?" "U?u de-nghi Sira 06i M&Chuang-So 2,seta Lai Phan . p 617 cua Hiiifn.ChuongTh33nh Pha-Huntington Beach mangiFta:deQuyDinlrCheCautiic-3Ia [aitg,nhuita - '�111��((( neu trong dt.i luat de nghi c6 dugc cTiapdm4u hay kh6ng?" lChOng Da{Luit Hien Dai H6a/Wm Thidu cua Huntington Beach Co UUT.De bio t$n cac dich vu trpag ycu cua dQnh pho lieu sac lenh cho ngtiai dung OR ich Wn hint cua Huntington Beach c6 dude hien dai h6a va giam thieu.1% g}tgng de duy tri&N gian dap dbg cho tnrdng hvp khan cap khi goi so 9-1-1,cac cinh sat vier,link efru Ma,lien lac/ dung cu an town c8ng tong,cac dich vu cho ngtri7i cao nien, tong shoat uirdc mtta va cac dich vu khac cua thanh pho, doi h6i phai c6 sti doi xa ddng deu doi vdi ngti7i din d6ng thue bat ke den ky thuat s$dung vdi sit mien UV cho ngi[3i cao nien c6 ldi tdc thap,kiem tra hang ram, kiem soar quy tai dia phoing,vi khong tang gia ma kh6ng c6 sq chap thuan cua ca tri? Thai gian de ca cho cac chiic vu nay bat dau W ngay 12 thang Bay,2010 va ket thtic vio ngay 6 thang Tam,201016c 5.00 gib chieu. Ne'u giay tii de c$cho m6t vien chdc doing nhiem cua thanh pho kh6ng ditdc nop 1en trodc ngay 6 Wag Tam,2010(ngay the 88 tnidc cugc bau ctt)cac ceftri se co cho den ngay the 83 tntdc cuoc liau ca,ngay i l thang Tam,2010,de-de,cit cac ling vien kh6ng phai La(nhti'ng)ngitdi doing nhiem vao ngay thti 88 tnfdc cuoc ban cur,cho chdc vu dtidc tuyen chon qua bau c6 cua ngt0i dttdng nhiem do_ Neu khong c6 ai bode chi c6 mot ngtidi dtidc de tit cho chtie vu bau nay, viec de cii cho chiic vu bau cdr c6 the docFe thyc Mien theo Phan 10229, Bo Luit Bau Cit cda Tie"u Bang California. Cie phong phieu se and dra trong khoing gi,6 tit 7:00 gRF sang den 8:00 gio tot. I•: Is/Joan L.Flynn Luc Sti Thanh Pho Ngay:7 Thang Bay,2010 The foregoing instrument is a correct Viet copy of the original on file in this office Most kUh,11Y q,201�_ bv-Mmw q- and EX-officlo i Council of the City of Hur:tingtron Beach, BY Deputy -04 °t ? °� rN 9j;2610�;11, 2°U *R%loll City of Huntington-.Beach3.l �� Al 14,A4 "kiuritingtoti' B,eachfi{ 'V4,{Charter of the, City of oil- _ pp�j i H intin99n,`;'B !)(lnf-astrodure Furidi'_f=- M—q-PJ Section 617 $sk71 *10 0102 'Vf A(Charter=Amendment No 1) 3 Infonetch1 s1 !Charter• of the city ® ntngton $e�riofl1� infrastructure f�tndChi= a 01 Section 517 7A?b 7N:�J,°f i(Charter 014Q A`rneridnieiit�No.`1j0#.�s�1��t-1711?" j � , Muii 9toh BeaO,UU.T .70'./1- �& 1112f. �filPA I' OlI JR:-Q � ��Lj/;tdL �2i �1d1T o1E-IQ ' 71E1:sA1 kj8jA-& w9,Xtj-71`M*f Huntington ;Beachsi ?I oast" ol.oxF fi114M 0.1°!° 7N'bo1 oN9#-. Q apt xiy ?4 GAF, x1 cc°1;�1�-�xwL� r-1,, 321��1TT$ gA rL-c��-fi10 7.1'A�'+�+L1tL�yt, ��L�{awo1l Mlo �tlT^f=1 oo�f a7 1 71 .f2010� TV 12Vl fi1� 10 200 8 -61 2* A0 1 of�t 11_ X194- U4,9 -991 %IVO# UI0 *5V- xrox-17f 20 o'1 s- 6V 7A EJ 8s�)mxl xil��lx1 -7jT,- nt4T4'" M1 9%] °2J t°I Li7A A1TN011 U118 L17+EJ 83%12i 201WC1 8-V 11m �A t4n 40 �sOj .ZjV*` �1� �1�k� xlofl110k �t1t-1�1. . Li71 J4 0# *5AX[71 xUT1jlxl St7.1Q g`U-��z1°} 'h 3- A Section 10229011 Al74-401 `i7-1 1aTial %1VNa '09-4711 L40- "$ -A4&8 2-01. 71,1 El Q 8fil7hxl`L4Cl-. W'Joan L.Flynn; �tw+:201Q�--1;7 .,7%j The foregoing instruma _sac rr eat copy of the original on this office. Attest OU . -gyp Kk (ftGRy Clerkan Yo cio Cattt'tail of the Clty of Huntington Beach, Camomia. By Deputy i 1 Certificate of Registrar of Voters, County of Orange No . i RESOLUTION NO.2010-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Huntington Beach,California,on Tuesday,November 2, 2010,as required by law; and Notice of the election was given in time, form and manner as provided by law; that voting precincts were property established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Charter; and The County Election Department canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as Exhibit"A," NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City except vote-by-mail ballots was 36,026 That the whole number of vote-by-mail ballots cast in the City was 38,015 making a total of 74,041 ballots cast in the City. SECTION 2. That the measures voted upon at the election and the voter results are as follows: Measure N Huntington Beach Charter Comprehensive Update Measure: Shall proposed Charter Amendment No. 1 revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved? PASSED. Measure O Huntington Beach Charter Section 617, Infrastructure Fund Measure: Shall proposed Charter Amendment No. 2 amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? FAILED. 1 10-2701/54957 Resolution No. 2010-92 Measure P Huntington Beach UUT Modernization/Reduction Measure: To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds,and no rate increase without voter approval? PASSED. Measure Q Huntington Beach Private Wireless Communication Facilities Advis_m Measure: Shall the City permit the installation of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5741 Brighton Drive? FAILED. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Exhibit"A" attached. SECTION 4. The City Council does declare and determine: That as a result of the election,a majority of the voters voting on Measures N and P did vote in favor of them, and that Measures N and P are carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Huntington Beach, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The number of votes given at each precinct for and against each measure; and (4) The total number of votes given for and against each measure. SECTION 6. That the names of persons voted for at the election for Members of the City Council are as follows: Bill Rorick Connie Boardman Shawn Roselius John Von Holle Joe Carchio Landon Fichtner Norm Westwell Blair Farley Billy O'Connell Fred J. Speaker Jim Katapodis Joe Shaw Dan Kalmick Erik Petersen Heather Grow Andrissa Dominguez William Grunwald Barbara Delgleize Bruce J. Brandt Matthew Harper Official write in candidate: Blake Rose That the names of the persons voted for at the election for City Attorney are as follows: Jennifer McGrath T. Gabe Houston 2 10-2701/54857 Resolution No. 2010-92 SECTION 7. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit"A"attached. SECTION 8. The City Council does declare and determine that Connie Boardman was elected as Member of the City Council for the full term of four years; Joe Carchio was elected as Member of the City Council for the full term of four years; Matthew Harper was elected as Member of the City Council for the full term of four years; Joe Shaw was elected as Member of the City Council for the full term of four years; Jennifer McGrath was elected as City Attorney for the full term of four years. SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2)The names of the persons voted for; (3)For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5)The total number of votes given to each person. SECTION 10. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certification of Election signed by the City Clerk and authenticated; that City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of December ,2010. ayo REVIE APPROVED: INITIATED AND APPROV D: A ministrator ity Clerk APPROVED AS TO FORM: City Attorney 3 10-2701154857 Exhibit "A"---Resolution No. 2010-92 Exhibit "A" Result of the Canvass of the Election Return to be delivered upon receipt of official certified document from the Orange County Registrar of Voters. Exhibit "A" - Resolution No. 2010-92 NEAL KELLEY Registrar of Voters Mailing Address: P.O.Box 11298 Santa Ana,California 92711 ® REGISTRAR OF VOTERS 1300 South Grand Avenue,Bldg.C Santa Ana,California 92705 (714)567-7600 TDD(714)567-7608 FAX(714)567-7627 www.ocvote.com November 29, 2010 Dear City Clerk: I am enclosing the Certification of the Registrar of Voters to Result of the Canvass of the General Election Returns and a copy of the abstract for the municipal election for your city, held in consolidation with the General Election on November 2, 2010. If you have any questions, please feel free to contact me at (714) 567-7606 or kay.cotton@rov.ocgov.com. Sincerely, Kay Cotton Candidate and Voter Services Manager Ac N . . t� Enclosures COMMUNICATION Dalte %A /� /O�d l d — Agenda Item No. �� Exhibit "A" - Resolution No. 2010-92 CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )ss_ COUNTY OF ORANGE ) I, Neal Kelley. Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below,consolidated with the General Election held on November 2,2010. CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL CONNIE BOARDMAN 20,019 JOE CARCHIO 18,523 MATTHEW HARPER 15,886 JOE SHAW 14,585 BARBARA DELGLEIZE 14,171 BLAIR FARLEY 13,932 BILLY O'CONNELL 13,175 JIM KATAPODIS 13,100 FRED J. SPEAKER 11,183 DAN KALMICK 10,775 NORM WESTWELL 10,187 BILL RORICK 9,835 HEATHER GROW 9,624 SHAWN ROSELIUS 7,628 ERIK PETERSON 7,137 BRUCE J_ BRANDT 7,125 LANDON FICHTNER 4,654 ANDRISSA DOMINGUEZ 4,440 WILLIAM GRUNWALD 3,652 JOHN VON HOLLE 3,209 BLAKE ROSE 50 CITY ATTORNEY JENNIFER MCGRATH 40,470 T. GABE HOUSTON 15,315 MEASURE N YES 30,084 NO 24,543 MEASURE O YES 26,343 NO 31,555 MEASURE P YES 41,102 NO 18,787 Exhibit "A" - Resolution No. 2010-92 CERTIFICATE OF REGISTRAR OF VOTERS NOVEMBER 22.2010 PAGE 2 ADVISORY MEASURE O YES 27,674 NO 35,834 PRECINCT BALLOTS CAST: 36,026 VOTE-BY-MAIL BALLOTS CAST: 38,015 TOTAL BALLOTS CAST: 74,041 1 hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22"d day of November, 2010. NEAL KE Y Registr Voters e Orange County Exhibit "A" - Resolution No. 2010-92 CERTIFIED STATEMENT OF THE VOTES CAST at the GENERAL ELECTION November 2, 2010 in the County of Orange, State of California FILED , 2010 DEBRA BOWEN, SECRETARY OF STATE BY DEPUTY State of California) ) SS County of Orange) 1, Neal Kelley, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the General Election, as determined by the canvass of the returns of said election. I further certify the results of the 9 percent manual tally contained no discrepancies between the machine count and the manual tally. WITNESS my hand and Official Seal THIS DAY OF LO/-, 2010 -�--y" REGISTRAR OF VOTERS a Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2571 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure `m r o t a v m n n V v m c m > a « « m a E m m m « ar tD V � � s ro Ta o e Z « a � 9L a m = U 40 Z IN 0032106 903 452 142 180 0032109 980 650 66.33% 197 265 0032110 1066 622 58.35% 198 237 ONFINIM 0032141 1144 745 65.12% 211 369 0032142 945 551 58.31% 144 268 0032143 522 415 79.50% 131 189 0032147 494 380 76.92% 100 158 0032149 860 560 65.12% 191 226 0032150 956 659 68.93% 228 255 0032i54 818 527 64.43% 183 213 0032155 751 522 69.51% 193 210 0032157 786 687 87.40% 185 321 0032161 1127 551 48.89% 170 u 222 0032162 545 338 62.02% 132 107 0032163 610 404 66.23% 139 156 a 0032170 652 448 68.71% 141 206 0032171 1083 471 43.49% 186 165 0032173 950 456 48.00% 160 175 0032177 790 397 50.25% 135 163 0032178 858 282 32.87% 95 119 0032179 1020 597 58.53% 192 253 0032191 839 524 62.46% 176 216 0032193 903 547 60.58% 204 187 0032194 680 353 51.91% 117 150 • Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2572 of 2630 m t U m Im � 4) u m L C N > 4D '+ r m » E A m « m U �, - ems m V T O L M CL m L L W tq L. a m E'- zx' ti � C zo } 0032198 623 416 66.77% 127 203 0032200 977 675 69.09% 227 282 0032204 609 332 54.52% 108 129 0032209 777 493 63.45% 135 235 0032232 951 487 51.21% 153 209 0032247 817 527 64.50% 179 214 ENE SEEM BE 0032269 696 494 70.98% 176 205 0032270 903 601 66.56% 216 256 0032278 878 309 35.19% 99 120 0032285 650 454 69.85% 155 191 0032286 999 411 41.14% 139 168 0032287 1082 632 58.41% 195 247 0032295 1052 636 60.46% 242 250 0032300 308 192 62.34% ' 91 58 0032301 1018 619 60.81% 206 219 K� 0032306 840 566 67.38% 198 248 0032307 962 551 57.28% 183 221 0032308 843 621 73.67% 209 281 0032322 667 336 50.37% 129 120 0032323 956 549 57.43% 194 213 0032324 782 399 51.02% 140 161 MEE 0032333 886 544 61.40% 186 232 0032335 1109 526 47.43% 156 216 0032336 733 352 48.02% 102 137 0032341 860 428 49.77% 137 172 0032343 980 645 65.82% 227 257 Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2573 of 2630 m 1= p L U � L� W U v Di L fl• � m l�6 4) L C m > a « « min E 0 m L m c c CL mc E m 0 z° 0032345 1 8461 527 62.29°k 1811 215 0032349 859 544 63.33% 195 236 0032351 905 575 63.54% 205 235 0032354 916 584 63.76% 189 254 0032361 858 436 50.82% 158 158 0032362 160 123 76.88% 28 53 0032365 1028 627 60.99% 178 259 0032375 935 624 66.74% 216 261 0032376 873 397 45.48% 123 167 0032378 855 396 46.32% 122 156 0032384 795 248 i 31.19% 75 102 0032385 935 363 38.82% 126 126 0032388 589 329 55.86% 114 138 } 0032395 819 309 37.73% 112 112 0032397 613 300 48.94% 89 126 0032398 671 245 36.51% 77 103 o- 0032408 811 224 27.62% 72 90 0032411 522 401 76.82% 130 158 0032412 1004 679 67.63% 212 305 0032416 908 500 55.07% 165 186 0032418 616 199 32.31% 59 72 0032419 799 352 44.06% 124 139 0032604 1497 955 63.79% 347 365 0032605 1875 1166 62.19°k 429 441 0032606 1266 748 59.08% 250 270 Precinct N A Party Member Registration V Ballots Cast a V Turnout Huntington Beach, Huntington Beach City Charter Comprehensive Update Measure p m co f) o ri No � N w � Yes r. .0 N � ly 0 c o' 0 z 0 N O O �C N tpm O -w �w w Exhibit"A"-Resolution No.2010-92 Vote-by-Mail Totals Orange County Statement of Votes Page 2575 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure L � W O = U � a U Q. � � m L C m > •• $ m q E C) C o t - i o G o a m ' s' 02 z ro 46th Congressional District 128824 38015 29.51% 12018 16297 67th Assembly District 128824 38015 29.51% 12018 16297 Coast Community College District 128824 38015 29.51% 12018 16297 County Board of Education Trustee Area 2 128824 38015 29.51% 12018 16297 Fountain Valley School District 11343 3641 32.10% 1188 1525 Huntington Beach 128824 38015 29.51% 12018 16297 Los AlamitosUSD SFID#1 160 3 1.88% 1 0 Municipal Water District Of Orange County 128824 38015 29,51% 12018 16297 Municipal Water District of Orange County Di 128824 38015 29.51% 12018 16297 w Orange County Water District Division 4^ 15011 4955 33.01% 1482 2146 s Orange County Water District Division 6 109276 31676 28.99% 10123 13525 Orange County Water District Division 7 4537 1384 30.50% 413 626 Totals: 1288241 380151 1 120181 16297 Exhibit"A"—Resolution No.2010-92 Grand Totals Orange County Statement of Votes Page 2576 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure `o 1= c � o � v m 0v a CD C � rnmm Q o cop � E V = o 0 g a 0 = c C >- + o « ° m x' ci zo 46th Congressional District 128824 74041 57.4;04 24543 30084 67th Assembly District 128824 74041 57.47% 24543 30084 Coast Community College District 1288241 740411 57.47% 24543 30084 County Board of Education Trustee Area 2 128824 74041 57.47% 24543 30084 Fountain Valley School District 11343 6789 59.85% 2306 2719 Huntington Beach 128824 74041 57.47% 24543 30084 Los AlamitosUSD SFID#1 160 123 76.88% _ 28 53 Municipal Water District Of Orange County 128824 74041 57.47% 24543 30084 Municipal Water District of Orange County Div 128824 74041 57.47% 24543 30084 Orange County Water District Division 4 15011 9279 61.81% 2943 3852 Orange County Water District Division 6 109276 62001 56.74% 20714 25081 Orange County Water District Division 7 4537 2761 60.86% 886 1151 Totals: 1 1288241 740411 57.47% m 245431 30084 Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2577 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure m c � s m w U � In m w lim m C �a m U s « m ro c «; p 7 = o g = c u c 40 a` a I 1- 0 X.rn a z° m 0032106 903 452 50.06% 213 132 0032109 980 650 66.33% 208 286 0032110 10661 622 58.35% 246 220 0032141 1144 745 65.12% 292 307 0032142 945 551 58.31% 220 210 0032143 522 415 79.50% 192 150 0032147 494 380 76.92% 185 115 0032149 860 560 65.12% 237 198 0032150 956 659 68.93% 309 221 0032154 818 527 64.43% 250 167 0032155 751 522 69.51% 249 182 0032157 786 687 87.40% 261 290 01 n -Q.. 0032161 1127 551 48.89% 235 178 0032162 545 338 62.02% 152 116 0032163 610 404 66.23% 186 131 0032170 652 448 68.71% �199 181 0032171 1083 471 43.49% 216 156 0032173 950 456 48.00% 182 177 0032177 790 397 50.25% 198 119 0032178 858 282 32.87% 109 103 0032179 1020 597 58.53% 243 237 0032191 839 - 524 62.46% 243 178 0032i93 903 547 60.58% 252 167 0032194 680 353 51.91% 161 115 - NNW; Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2578 of 2630 0 c � o v � m �L - W m O m C .. m U 50 m w c m > > O a i 10 3 7 d0 7 O �N a a m F- x fn U. z > 0032198 623 416 66.77% 176 157 0032200 977 675 69.09% 296 246 0032204 609 332 54.52% 117 125 0032209 777 493 63.45% 178 214 0032232 951 487 51.21% 193 182 0032247 817 527 64.50% 239 186 00322fi9 696 494 70-98% 205 200 0032270 903 601 66.56% 284 214 0032278 878 309 35.19% 112 116 0032285 650 454 69.85% 204 17 00322$6 999 411 41.14% 197 128 0032287 1082 632 58.41% 287 201 low 61911 0032295 1052 636 60.46% 299 217 0032300 308 192 62.34% 85 73 0032301 1018 619 60.81% 275 191 l 0032306 840 566 67.38% 281 186 0032307 962 551 57.28% 240 187 0032308 843 621 73.67% 254 254 MM d 0032322 667 336 50.37% _149 115 0032323 956 549 57.43% 243 180 0032324 782 399 51.02% 198 126 t, 0032333 886 544 61.40% 282 157 0032335 1109 526 47.43% 240 156 0032336 733 352 48.02% 134 130 0032341 860 428 49.77% 136 183 0032343 980 645 65.82% 292 231 Exhibit"A"—Resolution No.2010-92 ` Orange County Statement of Votes Page 2 579 of 2630 m r U « i � v m o U i K m w IM « m U « w m m L w C 3 ` a m I-- oXwU- z' IL } 0032345 8461 527 62.29% 2161 200 FAM 0032349 859 544 63.33% 250 212 0032351 905 575 63.54% 278 179 0032354 916 584 63.76% 237 234 0032361 858 436 50.82% 210 122 0032362 160 123 76-88% 43 43 0032365 1028 627 60-99% 257 224 0032375 935 624 66.74% 297 208 0032376 873 39 153 147 0032378 855 396 46.32% 141 154 0032384 795 - 248 31.19% 88 97 0032385 935 363 38.82% 154 118 0032388 589 329 55.86% 173 89 0032395 819 309 37.73% 137 90 0032397 613 300 48.94% 112 104 0032398 671 245 36.51% 90 95 Y 0032408 811 224 27.62% 82 84 0032411 522 401 76.82% " 164 144 0032412 1004 679 67.63% 312 238 0032416 908 500 55.07% 196 165 w 0032418 616 199 32.31% 80 63 0032419 799 352 44.06% 152 124 0032604 1497 955 63.79% 422 332 0032605 1875 1166 62.19% 513 409 0032606 1266 748 59.08% 296 250 e N - . Precinct N CO CO A Party Member Registration V fBallots Cast V V 0 Turnout 0•Huntington Beach, Huntington Beach City Charter Section 617,Infrastructure Fund Measure 0 �t tQ O 0 O � C N d M Yes o m o a+ � a i� N 0 K 0• r7 z 0 N O O �O N T i obi Exhibit"A"—Resolution No.2010-92 Vote-by-Mail Totals Orange County Statement of Votes Page 2581 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure `m = R o °7 — v � m ® s = Im = c o 0 o aw m = fo U. zz m :46th Congressional District 128824 38015 29.51% 16697 13726h Assembly District 128824 38015 29.51% 16697 13726st Community College District 128824 38015 29.51% 16697 13726 County Board of Education Trustee Area 2 128824 38015 29.51% 16697 13726 Fountain Valley School District 11343 3641 32.10% 1672 1199 Huntington Beach 128824 38015 29.51% 16697 13726 Los AlarnitosUSD SFID#1 160 3 1.88% 0 2 Municipal Water District Of Orange County 128824 38015 29.51% 16697 13726 Municipal Water District of Orange County Di 128824 38015 29.51% 16697 13726 f .,M Orange County Water District Division 4 15011 4955 33.01% 2069 1841 Orange County Water District Division 6 109276 31676 28.99% 13995 11422 Orange County Water District Division 7 4537 1384 30.50% 633 463 Totals: 1288241 380151 29.51 1 166971 13726 Exhibit"A'—Resolution No.2010-92 Grand'totals Orange County Statement of Votes Page 2582 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure m Y c � o °1 — i > tcc m C C � c O V1 7 10 16 3 3 7 41 7 O �W e a m xrnu. Z. 46th Congressional District 128824 74041 57.47% 31555 26343 67th Assembly District 128824 74041 57.47% 31555 26343 Coast Community College District 128824 74041 57.47% 31555 26343 County Board of Education Trustee Area 2 128824 74041 57.47% 31555 26343 Fountain Valley School District 11343 6789 59.85% 2943 2311 Huntington Beach 128824 74041 57.47% 31555 26343 Los AlamitosUSD SFID#1 160 123 76.88% 43 43 Municipal Water District Of Orange County 128824 74041 57.470 31555 26343 Municipal Water District of Orange County Div 128824 74041 57.470 31555 26343 :mac Orange County Water District Division 4 15011 9279 61.81%Y 3890 3345 Orange County Water District Division 6 109276 62001 56.74% 26500 22043 Orange County Water District Division 7 4537 2761 60.86% 1165 955 __- Totals: 1 1288241 740 11 57.47% 1 315551 26343 Res. No. 2010-92 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None C61 Clerk and ex-officiollerk of the City Council of the City of Huntington Beach, California TOM DALY ORANGE COUNTY CLERK-RECORDER ORANGE COUNTY HALL OF RECORDS AND FINANCE4�'�E � �4i 12 CIVIC CENTER PLAZA,RMS. 101/106,SANTA ANA,CA 92701 02 1M 0 `o 0004279687 DEC28 2010 MAILED FRONT zipGODE 9. City of Huntington Beach- Attn: Joan L^ Flynn 2000 Main St. Huntington Beach, Ca 92648 e. ® • o , , i a Complete items,1,2,and 3.Also complete A 'Si store 'tam 4:if RestrictedDelivery is desired. 0 Agent ® Print your name'and address on the reverse X ❑'Addressee JF so that we can return the card to you. B. Received { r Name) C. Dat of Delivery ® Attach this card to the back of the mailpiece; or on thia*bnt if space permits. D. Is delivery address different from ltem:1? p es 1: Article Addressed to: ff YES,enter delivery address below: No Tom Daly County Recorder County of Orange Attn Rosa. Chavez 12 Civic Center Plaza #101 3. Service Type _ Santa t o CA 92701=4072 XCertified Mai o Express Mail 0 Registered ❑Return ReceipffbiMerchandise ❑Insured Mail ❑0.0.13; 4. Restricted Delivery?{Extra Fee) E3 Yes 2. Article Niimber 7 0 0 8 0500 0001 8 218, 5.423 {Transferfrdm service lab PS Form 3811,February 2004 Domestic RetumZBO pt io2s95-o2-M-t54o J z I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.GA ® Sender: Please print your,name, address, and ZIP+4 in this box JOAN L.FLYNN CITY CLERK CITY OF HUNTINGTON BEACH http:l(www.surtcity-hb.org P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 ��F-tl3f}I}tF7�ftl�F}ljfk73-jliik}ii�t17l1.{(�3}t.1}17t�li F}-{}131� t i City ®f Huntington reach 2000 Main Street ® Huntington Beach, C! 92648 ® OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC December 15, 2010 Tom Daly, County Recorder County of Orange 12 Civic Center Plaza#101 Santa Ana, CA 92701-4072 ATTENTION: Rosa Chavez SUBJECT: Transmittal of a Copy of Revised City Charter Documentation Pursuant to Recent Election Results Dear Tom Daly: Enclosed please find a copy of documents to be filed with the County Recorder in accordance with Government Code Section 34460 and pursuant to a General Municipal Election held in the City of Huntington Beach on the 2'a day of November, 2010. The original documentation has been sent to the Secretary of State of California for certification. Sincerely, Vl Joan Flynn, CMG, MPA City erk Enclosure Sister Cities Anjo, Japan • Waitakere, New Zealand 1 Tele phone:714-536-5227) 1 ® City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK State of California ) County of Orange ) ss City of Huntington Beach ) I, Joe Carchio, Mayor in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the Secretary of State of the State of California in accord- ance with Government Code Section 34460, and pursuant to a General Municipal Election held in the City of Huntington Beach on the 2nd day of November, 2010. 1. Copy of Revised Charter of the City of Huntington Beach for acceptance and filing 2. Copy of Charter Legislative Draft 3. Certificate of Proceedings in Adoption of Charter Amendment— Measure N and Certificate of Proceedings in Denial of Charter Amendment- Measure O 4. Complete text of Charter Amendment— Measure N —"Shall proposed Charter Amendment No. 1, revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved?" which was approved by the voters 5. Complete text of Amendment to Charter Section 617— Measure O—"Shall proposed Charter Amendment No. 2, amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved?"which failed to gain approval of the voters 6. Certified copy of the Official Sample Ballot and Voter Information Pamphlet. 7. Proof of Publications of Notice of Election. 8. Certificate of the Registrar of Voters, County of Orange, to Result of the Canvass of the General Election Returns IN WITNESS W REOF, I have nto set my hand this13th day of December, 2010. ATTEST: AJ�oeCarid, ayor lbaillynn City derCity o untington Beach Huntington Beac Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) Copy of Revised Charter of the City of Huntington Beach CITY OF HUNTINGTON BEACH CITY CHARTER COUN1 •90 J Incorporated,February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified- Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 . Amendments...................................................................5/9/49 Revised....:...............: ..........................................:......5/1/50 New Charter..........................................!.......................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/78 Amendments..(Consolidation November)...................:............12/9/82 Amendments................:................................................12/7/84 Amendments.................................................................12/7/90 Amendments............................................................ ..4/22/02 Revised........................................................................12/6/10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 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 H. FORM OF GOVERNMENT Section 200.Council-Manager Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council, Attorney,Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310.City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312. Vacancies, Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager.Composition,Term, Eligibility, Removal Section 401. Powers and Duties Section 402. Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards,Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment,Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 12/6/10 ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Manager Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections. Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704.Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California, we do hereby exercise the privilege of retaining for ourselves,the benefits of local government, by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally,abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being of our fair City. City of Huntington Beach City Charter Page 3 of 20 12/6/10 ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL. The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency.thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk,a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City City of Huntington Beach City Charter Page 4 of.20 12/6/10 Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in.the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. City of Huntington Beach City Charter Page 5 of 20 1216110 (d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money, or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor,shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE. The City 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. City of Huntington Beach City Charter Page 6 of 20 12/6/10 Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OEFICIAL 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 D><JTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the e City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or,all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. City of Huntington Beach City Charter Page 7 of 20 1216/10 (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers, files,and documents pertaining to the City's affairs. 0)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CLERK.POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office.The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself,or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property' and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. City of Huntington Beach City Charter Page 8 of 20 12/6/10 Section 311. CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting, finance, business,or public administration; or A Bachelor's Degree in accounting, finance, business,or public administration with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City,or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court, or from any office,department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or, if no such resolution be adopted, then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. , (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances; and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the.Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. City of Huntington Beach City Charter Page 9 of 20 12/6/10 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person.who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after receipt of such notice, the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty, but his compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and City of Huntington Beach City Charter Page 10 of 20 12/6/10 the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote, suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager 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 condition and fixture needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory,distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER. During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. City of Huntington Beach City Charter Page 11 of 20 12/6/10 The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be,followed in advancement,demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City,Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law,City Charter, or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction,an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: City of Huntington Beach City Charter Page 12 of 20 12/6110 (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to betaken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Director of Finance, estimates of the department's, board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of City of Huntington Beach City Charter Page 13 of 20 12/6/10 the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 601 ANNUAL BUDGET.PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604.ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance,City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments,offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City; and City of Huntington Beach City Charter Page 14 of 20 12/6/10 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars; Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural.affairs not to exceed$0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars. The proceeds of any special levy.shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof,shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council; provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such.use or service, is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LE MT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS. Bonds which are payable only out.of such revenues, other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions City of Huntington Beach City Charter Page 15 of 20 12/6/10 upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road, building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection,part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. City of Huntington Beach City Charter Page 16 of 20 12/6110 Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract, for the acquisition of equipment, materials, supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided,every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids,or if no bids are received, or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized by at least five affirmative votes of the City Council. _ Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers.The Council may, City of Huntington Beach City Charter Page 17 of 20 12/6110 without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations,alleys, streets,highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians, parks, beach facilities,playgrounds,traffic signals, streetlights, block walls along arterial highways,and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction,design,engineering, project management, inspection,contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five-(5)year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. City of Huntington Beach City Charter Page 18 of 20 12/6/10 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 VHI MISCELLANEOUS Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first. All lawful ordinances,resolutions, rules and regulations,and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory,and "may" is permissive.. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer,'.' or"employee" is a department, board,commission,agency,officer or employee, as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection(a) includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented,exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: City of Huntington Beach City Charter Page 19 of 20 12/6/10 (1) any real property which contains serious health, safety, fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any,real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property.and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804.CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. City of Huntington Beach City Charter Page 20 of 20 12/6/10 Copy of Charter Legislative Draft 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 31 1. 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 Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADM I N I STRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Administrator Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VIL ELECTIONS Section 700. General Municipal Elections Section 70I-. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We, the people of the City of Huntington Beach, State of California:do-efAa�t believe fiscal responsibility and esA4i-,h-the prudent stewardship of public funds is essential for confidence:in government, that ethics and integrity are the foundation of public:trust and that just governance is built upon these;values. Through the enactment of this Charter as the fundamental law of the 2 City of Huntington Beach under the Constitution of the State of California., we do hereby exercise the privilege of retaining for ourselves,the benefits of local government, by enacting;the laws, rules, regulations and procedures set forth herein pertaining;to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally,abide by the provisions of this Charter, in its strictest sense,to assure the continued success and well-being;of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing; and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The ggeneral grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation, by contract or otherwise,with any one or more states or civil divisions or agencies thereof, or the tlnited States or any agency thereof. ARTICLE II FORM OF GOVERNMENT 3 Section 200. COUNCIL ADAMINIS rR ATO"'.MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council- Adff4i-Hpfatef Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk,a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the.City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following hi-!,the certification of the election. Ties in voting among candidates for office shall be settled by the.casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301. 1POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the suns of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and 4 ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Ce afte4meffCouncilpersons. Section 303. MEETINGS AND LOCATION. (a)- Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b)- Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with, &dA :ram „ „ ha Aive. by+e eg This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c)- Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act, by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 5 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 within the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b)- Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c)- Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance,resolution,or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the off ce of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes, shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayon shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO T)EMPOR.E. 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. 6 Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter, no member of the City Council shall order;directly or indirectly, the appointment by the City A4n+4 €; rManager, 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 A-dF.+ii fm+ Manager solely through the City: _ tanager, and no member of the City Council shall give orders to any subordinate of the City AA� aManager, either publicly or privately. No elected department head or staff of the Orrice of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety; shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's:superior officer or other officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California,afi&shall have been engaged in the practice of taw in this State for at least threefive years prior to -their 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 proceedings in which such officer 7 or employee is concerned or is a party for any act arising out of itheir employment or by reason of 4i stheir official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City-enc#oshtg (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of ltheir office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing; powers as may be necessary. (i) Surrender to#their successor all books,papers, files, and documents pertaining to the. City's affairs. (j) Assist and cooperate with the City ?Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310. CITY CLERIC. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a bachelors degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in olrce. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and he responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in leRe records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate lsrecords, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. 8 (d) Keep all "oeks��records in histheir possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Cleric may, subject to the approval of the City Council, appoint such deputy or deputies to assist hffnthem or act for 4iffithem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. ClerkThe miniiniaffi qHalifteations fer-the position of City 1 be t 4' -i nt-wei-k Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury experience, and have either: A Master's Degree in accounting, finance, business, or public administration.; or A Bachelor's Degree in accounting, finance, business, or public administration with certification by the California Municipal 'Treasurer's Association, or their successor, within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City frorn the County, State or Federal governments,or from any court, or from any office, department or agency of the City. 9 (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into histheir 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 ^x,., iris,...,"„~Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City diniftis ..,t°...and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist lithem or act for lthem, at such salaries or compensation as the Council may by ordinance or resolution prescribe. aft Off b:c Etitf �I -t iE'?3�`t' i3�~ lati . + fi t �r-srii—�-'zTu,.,ti�n=r-rr�cu,-�-crmiizg2E'3}t: Section 312. VACANCIES, FORFEiTURES AND REPLACEMENT. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days From and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. if an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime iff"+t a-of moral turpitude, or ceases 1.0 be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Chanter; shall be deemed thereby to have vacated the office under the City Government. 10 (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST, NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Ad-nih strat .manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status.of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY &A ;�i1Al`v`A��IEItB. COMPOSITION,TERM, ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City A�tiiiR+,4fatof who shall be the chief administrative officer of the City. (b) Term. The A&ninist t City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council;provided,however, that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The ".,.mist a*fCity manager shall be chosen on the basis of executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City A-d4niin.s Manager or Acting City A .,air a Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City. n_.tr-s4ermanager 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 nisi tt Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a 11 majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City "dministf tefManager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Adniimaistfate anager, the reasons therefor. Within seven days after receipt of such notice, the City _ nistr-atorManager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City anager shall appear and be heard at such hearing. After furnishing the City�in}st�Manager with written notice of the intended removal; the City Council may suspend the ."dministf-aiB-City Manager from duty,but his compensation shall continue until removal as herein provided. In removing the City AdfflinistratefManager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City a mmistfaterMan,ager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City r�Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Administrate anager 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:�f�we�zer. H panin nt hea and the Chief of Police. The Chief of Police shall not be appointed or removed until the City <"a._.:":.•gate Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. 12 (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. }-Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees � '' � , and prescribe such general rules and regulations as he fflay deen,deemed necessary or proper for the general conduct of the administrative offices and departments of the City under 4i-stheir jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTINCn CITY During any temporary absence or disability of the City A iftis4f�Manager, the A+,sist City, �i rt4-x= 1l sef -ve as D Gify . _.. ; k Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Administ1--W.Manager. In the event the City AdrainigtfatefManager 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 AiniinistfatefManager, the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City ii�t As st-�r�dt�� Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement. demotion, suspension and discharge of employees included within the system, as the City Council shall 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;- vt',E d:lwwever, lie i�r wn r-e#iel px l-a Lich The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible,and harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance. 13 Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500.- REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing;a fine or other penalty, or granting a franchise, Shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:.."":" No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction ,,, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered alter its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following,which shall take effect upon adoption: (1)- Au ordinance calling or otherwise relating to an election; 14 (2)- An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3)- An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation,or levying the annual tax upon property_ (4)- An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein;however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. -Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meetinf;and shall take effect immediately upon adoption if passed by at least five affirmative votes. An emergency ordinance shall expire automatically after 120 days. Section 502. RESOLUTIONS. -The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES. -The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology. No defect or it-regularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL.YEAR. -The fiscal year of the City shall be as set forth by eF&Rmweresolution of the City Council. Section 601. ANNUAL BUDGET,PREPARATION BY THE CITY . MANAGER. At such date as the City AdfnifiisifatefManawer shall determine, each board or commission and each department head shall furnish to the City A4--i"i4rawNlanager, personally, or through the Director of Finance, estimates of the department's,board's or 15 commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City."Affi»i. t14S*f atManager. In preparing the proposed budget, the City 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 Afti Manager shall submit the proposed budget to the City Council at least�ythirty days prior to the beguiling of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prier 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(lay of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City AdtttittisttatorManager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified sbal I be reproduced and copies made available for the use of the pub]is and of departments, offices and agencies of the City. Section 605. ANNUAL BUDGET APPROPRIATIONS. -From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be acid become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City-_A4rwiti� awManager 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 inotion adopted by the affirmative vote of at least a majority of the total members of the City Council. 16 Section 606.DETERMINATION OF CITY TAX RATE. -The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: I. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the-ensuing, fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due-during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, maybe made annually,based on City Council approved estimates, for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and hurnan services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed$0.15 per One Hundred Dollars-, promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars-, and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608. VOTE REQUIRED FOR TAX MEASURES. -No tax,property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of the City Council; provided, however,that any tax levied or collected pursuant to Section 607(b) of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory ftinction of the 17 City under its police power in connection with the City's duty to preserve or maintain the public peace, health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609. REAL ESTATE TRANSFER TAX. -The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a.majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT. -The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611. REVENUE BONDS.-Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. 1$ (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road,building over three thousand square feet in floor area nor structure costing more than $44)0161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b) shall not apply; (1)- to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; --- the contract is to perform an act or provide a service in a public park or beach AND such act was being performed or service provided at the same ---location prior to ,January 1, 1989 AND ---- the proposed lease, franchise, concession agreement or other —contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing —such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be 19 invalid or unconstitutional,the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect.442—!W30) Section 613. EXECUTION OF CONTRACTS. -Except as hereinafter provided, the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Ainistfa"Manager or other officer to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution, the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts ror 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 Sin Manager upon forms approved by the City AdFAinieh; Managcr and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. -Except.as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of Th,.,,_.,,,a Della,._ the City Council fur the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the ....n• 4T: on+) f,,� '1~^ 1s^°•.4 —'Mars, � 41�}ariaount sit by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is ss-���T =l; =s T' a '' }i€ —5 1}below the amount set by ordinance, the City Council may declare and determine that in its opinion, the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the affirniative 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 ,a"''`• °Y�� •a-E ella� (Q—_5,0 3}amount set by ordinance may be let and purchases exceeding the sunk44etit;-five ' -S 41125,000)amount set by ordinance may be made without advertising for bids if 20 such work or the purchase of such materials or supplies shall be.deemed by the City Council to be of urgent necessity for the preservation of life, health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615. GRANTING OF FRANCHISES. -The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. -The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City govermnent or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002,by a measure which states that the revenue to be raised is for the purpose or infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees; landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways,and all public buildings and public ways. Interest eared on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating;to infrastructure improvements or maintenance, including constriction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.951/6. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, 21 shall not be reduced below 15%of general fund revenues based on a five- (5)year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL, MUNICIPAL ELECTIONS. -General municipal elections shalt be held in the city on the first Tuesday after the first Monday in November 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 ELECTIONS.-All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL. -There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704. NOMINATION PAPERS. -Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. -Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs First. All lawful ordinances,resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended,changed or superseded by proper authority. 22 Section 801. DEFINITIONS. -Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "Commission," "agency," "officer," or "employee" is a department, board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802. VIOLATIONS, -The violation of any provision of this Charter shall be a misdemeanor ��'ri-1�-pu�isl�al�le-ttp�t3-ee�v�2-by-a--t%t3�'-n�i--e:�-��€littg--l�i� �xdr'ed an i i tr 'tote a separ Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a)- The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b)- The word "mandates" as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue. implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection (a)refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c)- This Section 803 shall not apply to: (1)- any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; 23 (2)- any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3)- any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4)- any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5)- any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancytax; or (6)- to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Seefuon 004. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review-Commission to conduct a review of the City Charter no less frequently than every ten years. 24 Certificate of Proceedings in Adoption of Charter Amendment NOE CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE CITY OF HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) We, the undersigned, Joe Carchio, Mayor of the City of Huntington Beach, and Joan L. Flynn, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned was a municipal corporation, duly organized in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29th Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively; That on the 7th day of June 2010, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2010-41 for the purpose of submitting to the electors of said City certain measures to appear upon the ballot, proposing certain amendments to the aforesaid Charter (Exhibit A— Measure N, which passed and - Measure O, which failed); That on the 7th day of June, 2010, the City Council of the City of Huntington Beach passed and adopted Resolution No. 2010-34 calling for a General Municipal Election to be held in the City of Huntington Beach, on November 2, 2010 (Exhibit B); We further declare that the foregoing constitutes a true and correct statement of the proceedings had by the City of Huntington Beach and the City Council of said City in the presentation of said amendment to the Charter of the City of Huntington Beach and election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Huntington Beach in Huntington Beach, California on the 13th day of De mber 2 0. ATTEST: Joe Car io, Mayor Joa . Flynn, ity Cler City of untington Beach City o Huntington Beach City of Huntington Beach Resolution 2010-41 RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS,a General Municipal Election on Tuesday,November 2,2010 has been called by City Council Resolution No.2010-34, adopted on June 7,2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund; and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW,THEREFORE,THE CITY COUNCIL of the City of Huntington Beach does resolve,declare,determine and order as follows: SECTION 1. That the City Council,pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1,revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved?" No "Shall proposed Charter Amendment No.2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund,as set forth in the proposed measure be approved?" No 1 09-2312/48429 Resolution No. 2010-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election,in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 7,2010. Ts Ma APPROVED AS TO FORM: INITIATE VIEWED AND APPROVED: ,, 66 Administ r 2 09-23 1 2/4 8429 Exhibit"A",Resolution No.201041 I B IT A PROPOSED CHARTER AMENDMENT NO. 1,REVISING AND RESTATING THE CHARTER OF THE CITY OF HUNTINGTON BEACH(EXCLUDING CHANGES TO SECTION 617 RELATING TO THE INFRASTRUCTURE FUND) . 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 H. FORM OF GOVERNMENT Section 200.Council-Administrator Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council,Attorney,Clerk and d 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 3 MEASURE N 09-23 i2J48429 Exhibit"A",Resolution No.2010-41 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 Section 501.Emergency Ordinances Section 502.Resolutions Section 503.Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601. Annual Budget,Preparation by the City Administrator Section 602. Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget. Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606.Determination of City Tax Rate Section 607.Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610.Bonded Debt Limit Section 611.Revenue Bonds Section 612.Public Utilities and Parks and Beaches Section 613.Execution of Contracts Section 614.Contracts on Public.Works Section 615.Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704.Nomination Papers ARTICLE VIII.MISCELLANEOUS Section 800.Transition Section 801. Definitions 4 09-2 3 1 2/48429 Exhibit"A",Resolution No.2010-41 Section 802.Violations Section 803-Property Rights Protection Measure Section 804.Charter Review CHARTER We,the people of the City of Huntington Beach,State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL...The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid,the remainder of the Charter and the application of such provision to other persons or circumstances,shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS.The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in 5 09-23t2l48429 Exhibit"A",Resolution No.2010A I cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL MANAGER FORM OF GOVERNMENT-The municipal government provided by this Charter shall be known as the Council Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.`Ihe 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 aai 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 1%6,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term_ Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and.the qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter. A City Attorney shall be elected in. 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION.The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive 6 09-2 3 1 214 8 4 29 Exhibit"A",Resolution No.201041 reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings-A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice_ The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This -notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth,in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he should fail to act,by a majority of the members of the City Council. (d) ®pen Meetings. All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. 09-2 3 1 2/4 8429 Exhibit"A",Resolution No.201041 (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the.City Council shall constitute a quorum to-do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council- (b) Proceedings.The City.Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the.City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution,litigation or other legal matter or business. (c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes;shall have the primary but not the exclusive responsibility for interpreting the policies,.programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. 8 09-2312/48429 Exbi'bit"A',Resolution No.2010.41 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. Secteota 307.NON-111"ERFERENCE WITH ADMINISTRATION-Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom_Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.-CITY ATTORNEY.POWERS AND DITTIES.To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.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. 9 09-2 3 1 2/4 8429 Exhibit"A",Resolution No.2010-41 (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former.City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity- (d) Attend all regular meetings of the City Council,.unless-excused,-and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City- (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto- (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary- (i) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. 6)Assist and cooperate with the City Manager consistent with Section-403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CI.,ERIL POWERS AND DUTIES.To become and remain eligible for City Clerk,the person elected or appointed shall have a bachelors degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required.to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. to 09-2312/48429 Exhibit"A",Resolution No.2010-41 (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and.open to public inspection when not in actual use. (e) Be the custodian_of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records- (g) Be ex offici Assessor,unless the City Council,has availed itself,or does in the . future avail itself,of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections- (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 443 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CYrY TREASURER.POWERS AND DUTIES.To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance,business,or public administration;or A Bachelor's Degree in accounting, finance,business,or public administration-with certification by the California Municipal Treasurer's Association,or their successor;within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County,State or Federal governments,or from any court,or from any office,department or agency of the City. (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 ll 09-2312/48429 Exhibit"A",Resolution No.2010-41 deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling,depositing and securing of public funds. (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 and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT- (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising,shall be filled by appointment by the City Council- (b) Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) 'Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. 12 09-2312149429 Exhibit W,Resolution No.201041 (a) Conflict of.Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one _or more of the members such City Council,nor_shall.the_City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision;however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided,however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility.The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor_Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his 13 09-2312/48429 Exhibit"A",Resolution No.201041 compensation shall continue until removal as herein provided.In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES.Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase,inspection,storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government- (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (i)Perform such other duties consistent with this Charter as may be required by the City Council. 14 09-2312/48429 Exhibit W,Resolution No.201041 Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager.In the event the City Manager fails to make such appointment,such appointment may be made by the City Council. Section 403.PERSONNEL.In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers,assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement,demotion,suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system.The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment.In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a franchise,shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as 15 09-2312/48429 Exhibit"N',Resolution No.2010-41 follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall.be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor ..and attested by the City Clerk. e (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction.In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered.The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing-sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is.selected by the City Council for that purpose.Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective.Every ordinance shalt become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation,or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance,in the manner set forth herein; however,such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption_ Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. 16 49-2312148429 Exhibit"A",Resolution No.2010A i Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety,and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect _immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL.NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR.The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. 17 09 2312/48429 Exhibit"A",Resolution No.2010-41 Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last.day of the fiscal year it shall-adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect _ - --for the ensuing fiscal y_ear.-Copies thereof,certified,by the City Clerk,shall be filed with the City Manager,Director of Finance,City.Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one objector purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after-the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes.If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is.made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 18 09-2312/48429 Exhibit"A",Resolution No.2010-41 2- A tax sufficient to meet all obligations of the City for the retirement system in which the City participates,due and unpaid or to become due during the ensuing fiscal year. _(c) Special levies;in addition.to-the.above and not subject to.the-above limitation, may be made annually,based on-City Council approved estimates,for the following specific Purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit:parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed-$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied,enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the.City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL,ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. 19 09-2 3 1 2/48429 Exhibit"A",Resolution No.2010-41 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.boads-payable out-of.revenues shall:be_issued without the-assent of-the majority.of the. voters voting upon-the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds.-for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants.Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a-majority of the electors voting on such proposition at a general or special election at which such proposition is submitted- (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011,and each year thereafter,the . maximum cost.will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease,franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND 20 09-2312/48429 Exhibit"A",Resolution No.2010-41 - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease,fianchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the parry performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities- (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment,or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS.Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council.Exceptions to this procedure are as follows. (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment, materials,supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended,and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers,utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the 21 09-2312/48429 y � Exhibit"A",Resolution No.2010-41 amount set by ordinance,shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After.rejecting bids,or if no bids are received,or without advertising.for bids if the total amount _ of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affinnative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCIIISES.The City Council shall by ordinance regulate the granting of franchises for the City- Section 616.MEPENIDENT AUIDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest,direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may,without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member-Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said_term is defined in this paragraph,shall be placed in a separate fund 22 . 09-2 3 1 214 8 4 29 Exhibit"A",Resolution No.201041 entitled"Infrastructure Fund."The term"Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach facilities, playgrounds,_traffic signals,streetlights,block walls along arterial highways,and all public buildings and public ways. Interest earned on m9nies_in the Infrastructure_Fund.shall.accrue:to that account.Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,.including construction,design,engineering,project management, inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b)Revenues placed m the Infrastructure Fund shall not supplant existing infrastructure funding.The average percentage of general fund revenues utilized for infastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.951/6.Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-.(5)year rolling average- (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VU ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in.each even-numbered year. Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be . held by authority of this Charter,or of any law,shall be known as special municipal elections_ Section 702.PROCEDURE FOR)HOLDING ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, for the holding of municipal elections,so far as.the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers.The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 23 09-2312/48429 1 Exhibit"A",Resolution No.2010-41 ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive.of the City shall continue to hold such offices until the completion of.their.current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith,are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall'is mandatory,and"may"is permissive. (b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency," 'officer,"or"employee"is a department,board,commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State"is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease, rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real 24 09-2312/49429 Exhibit"A",Resolution No.2010-41 property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property"as used in subsection(a)-refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. _---- _-- -(c) This Section 803 shall not apply-to: (1) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (b) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804.CHARTER REVIEW The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. 25 09-2312/48429 Exhibit"A",Resolution No.201041 PROPOSED CHARTER AMENDMENT NO.2 AMENDING SECTION 617 OF THE CHARTER-OF THE CITY OF HUNTINGTON BEACH RELATING TO THE INFRASTRUCTURE FUND ..Section 617.INFRASTRUCTURE-FUND.- 'Me term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks, bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways. All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said term is defined in this section,.shall be placed in a separate fund entitled "Infrastructure Fund."Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design,engineering,project management,inspection,contract administration and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Expenditures for infrastructure improvements and maintenance,shall not be reduced below 15% of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund revenues utilized for infrastructure i f proyefflents and maintenance,for the five(5)year period of 1996 to 2001,is and was I4.95°7o.Upon adoption of the 2017/2018 budget,debt service,or any other indirect costs,shall not be included in the 15% calculation of the general fund expenditures for infrastructure improvements,repair and maintenance_ Revenues placed in the Infrastructure Fund shall not supplant existing. infrastructure funding. The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall present a report its findings to the City Council at a noticed public hearing prior to adoption of the following fiscal-year budget. 26 MEASURE 0 09-2312/49429 Res. No. 2010-41 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None Cita,lerk and ex-ofricioCferk of the City Council of the City of Huntington Beach, California f: City of Huntington Beach Resolution 2010-34 E xA w h 1 RESOLUTION NO. 2010-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE HUNTINGTON BEACH,CALIFORNIA,CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 2,2010 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on Tuesday,November 2,2010,for the election of Municipal Officers;and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Charter there is called and ordered to be held in the City of Huntington Beach,California,on Tuesday,November 2,2010,a General Municipal Election for the purpose of electing four(4) Members of the City Council for the full term of four years;and a City Attorney for a full term of four years. Section 2. That the ballots to be used at the election shall be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. 10-2493146732 1 r Resolution No. 2010-34 Section 5. That in all particulars not recited in,this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election,in time,form and manner as required by law. Section 7. The City Council authorizes the City Clerk to administer said elections and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED on by the City Council of the City of Huntington Beach at a regular meeting thereof held on 7th day of June ,2010. or REV D AND APPROVED: INITIATED AND APPROVED: Civ".4dininistrator City Cl APPROVED AS TO FORM: City Attorney 1 d-2493/46732 2 Res. No. 2010-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None Clerk and ex-officlVClerk of the City Council of the City of Huntington Beach, California Complete Text of Amendment to Charter(Measure N-Approved) t A 5 RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS,a General Municipal Election on Tuesday,November 2,2010 has,been called by City Council Resolution No.2010-34,adopted on June 7,2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund; and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW,THEREFORE,THE CITY COUNCIL of the City of Huntington Beach does resolve,declare,determine and order as follows: SECTION 1.That the City Council,pursuant to its right and authority,does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1,revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved?" No "Shall proposed Charter Amendment.No.2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund,as set forth in the proposed measure be approved?" No 1 09-2312/48429 Resolution No. 201.0-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election,in time,form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 7,2010. Ma APPROVED AS TO FORM: _ C' Attom y 1p-1 7•`c� INITIAT V WED AND APPROVED: Ci Adminis r 2 09-2 3 1 2/4 8 429 Exhibit'W Resolution No.201041 E IT A PROPOSED CHARTER AMENDMENT NO. 1,REVISING AND RESTATING THE CHARTER OF THE CITY OF HUNT_INGTON BEACH(EXCLUDING CHANGES TO SECTION 617 RELATING TO THE INFRASTRUCTURE FUND) CITY CHARTER TABLE OF CONTENTS ARTICLE L 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 H. FORM OF GOVERNMENT Section 200.Council-Administrator Form of Government ARTICLE 111.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 TV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Administrator. Composition,Term,Eligibility,Removal Section 401. Powers and Duties 3 09-2312/4M29 MEASURE .N -Exhibit"A",Resolution No.201041 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 Section 501.Emergency Ordinances Section 502.Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600.Fiscal Year Section 601. Annual Budget,Preparation by the City Administrator Section 602.Annual Budget. Submission to the City Council Section 603.Annual Budget.Public Hearing Section 604.Annual Budget. Further Consideration and Adoption Section 605_Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608.Vote Required for Tax Measures Section 609.Real Estate Transfer Tax Section 610.Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616.Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative,Referendum and Recall Section 704.Nomination Papers ARTICLE VUL MISCELLANEOUS Section 800.Transition Section 801.Definitions 4 09-2312/48429 i ' Exhibit"A",Resolution No.2010-41 Section 802.Violations Section 803.Property Rights Protection Measure Section 804.Charter Review CHARTER We,the people of the City of Huntington Beach,State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values.Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally,abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME.The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101.SEAL.The City shall have an official seal which may be changed from time to time by ordinance.The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY.The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104.CONSTRUCTION.The general grant of power to the City under this Charter shall be construed broadly in favor of the City.The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid,the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS.The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in 5 09-2312148429 Exhibit"A",Resolution No.201OA I cooperation,by contract or otherwise,with any one or more states or civil divisions or agencies thereof,or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200.COUNCIL MANAGER FORM OF GOVERNMENT.The municipal government provided by this Charter shall be known as the Council Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERIC:AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Four members of the City Council shall be elected at the general municipal election held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election. held in 1968,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter_ Section 302.COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition,each member of the City Council shall receive 6 09-2312148429 Exhibit"A",Resolution No.2010-41 reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings.If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing.Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he should fail to act,by a majority of the members of the City Council. (d) 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. 7 09-23 1 21484 29 Exhibit"A",Resolution No.201041 (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority_of the_members of the-City Council shall.constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may.be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council- (b) Proceedings.The City.Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the.City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution,litigation or other legal matter or business. (c) Rules of Order.The City.Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election,and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes;shall have the primary but not the exclusive responsibility for interpreting the policies,.programs and needs of the City government to the people,and as occasion requires,may inform the people of any major change in policy or program;and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such capacity at the pleasure of the City Council. 8 09-2312/48429 Exhibit"A",Resolution No.2010-41 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- E RFERENCE WITH ADMINISTRATION.Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Manager,or by any of the department heads in administrative service of the City,of any person to any office or employment,or removal therefrom.Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative-service under the jurisdiction of the City Manager solely through the City Manager,and no member of the City Council shall give orders to any subordinate of the City Manager,either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308.OFFICIAL BONDS.The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon,or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.-CITY ATTORNEY.POWERS AND DUTIES.To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association,be an attorney at law,duly licensed as such under the laws of the State of California,shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment.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. 9 09-2312/48429 Exhibit W,Resolution No.201041 (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party,and represent and appear for any City officer or employee,or former City officer or employee,in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity- (d) Attend all regular meetings of the City Council,unless excused,and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City- (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books,papers,files,and documents pertaining to the City's affairs. (j)Assist and cooperate with the City Manager consistent with Section-403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CLERK. P®dVERS AND DUTIES.To become and remain eligible for City Clerk,the person elected or appointed shall have a bachelors degree in business,public administration,or a related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused,and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication,stating that the same has been published or posted in accordance with this Charter. to 49-23 1 2/4 8429 Exhibit"A",Resolution No.2010-41 (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian_of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex offiicio Assessor,unless the City Council,has availed itself;or does in the future avail itself,of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers,or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 443 of the City Charter. The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 311.CITY TREASURER.POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting,finance,business,or public administration;or A Bachelor's Degree in accounting,finance,business,or public administration_with certification by the California Municipal Treasurer's Association,or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for the collection of which the City is responsible,and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court,or from any office, department or agency of the City. (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 I1 09-2312/48429 Exhibit"A",Resolution No.2010-41 deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council,or,if no such resolution be adopted,then in such depository designated in writing by the City Manager,and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (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 and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may,subject to the approval of the City Council,appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST,NEPOTISM. 12 09-2312/48429 Exhibit"A",Resolution No.201041 (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism.The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City.Council,nor.shall.the-City..Manager.or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision;however,Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400.CITY MANAGER COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided,however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility.The City Manager shall be chosen on the basis of executive-and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal, the City Council may suspend the City Manager from duty,but his 13 09-2312148429 Exhibit W,Resolution No.2010-41 compensation shall continue until removal as herein provided.In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES.Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City.Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint,promote,demote,suspend or remove department heads,officers and employees of the City except elective officers and the Chief of Police.The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase,inspection, storage, inventory,distribution and disposal of all supplies,materials and equipment required by any office,department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances,franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees,and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (i)Perform such other duties consistent with this Charter as may be required by the City Council. 14 09-2312/48429 Exhibit'W,Resolution No.201041 Section 402.ACTING CITY MANAGER.During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager,In the event the City Manager fails to make such appointment,such appointment may be made by the City Council. Section 403.PERSONNEL.In addition to the City Council,a City Clerk,a City Treasurer,a City Attorney and City Manager,:the officers and employees of the City shall consist of such other officers,assistants,deputies and employees as the City Council may provide by ordinance or resolution.The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices,officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers.designated as elective by the Charter shall be exempt.The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement,demotion,suspension and discharge of employees included within the system,as the City Council shall determine to be for the best interest of the public service.The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system-The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient,fiscally responsible,and harmonious manner consistent with the duties as prescribed by law,City Charter,or by ordinance. Section 404.RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards,commissions and committees as are deemed necessary for the orderly functioning of the City.All such boards,commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment.In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance,every act of the City Council establishing a fine-or other penalty,or granting a franchise,shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as 15 09-2312/48429 Exhibit'W',Resolution No.201041 follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.Upon introduction,an ordinance shall be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption.A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction_In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing-sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily,semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose.Current technology shall be used to ensure the widest possible dissemination. (d) Amendment.The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length,as amended. (e) When Effective.Every ordinance shall become effective thirty days from and after the date of its adoption,except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation,or fixing the rate of property taxation,or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set forth herein;however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. 16 09-2312/48429 Exhibit"A",Resolution No.201041 Section 501.EMERGENCY ORDINANCES.Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health,or safety,and containing a statement of the reasons for its urgency,may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect _immediately,upon adoption,if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS.The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL.ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER.At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager,personally,or through the Director of Finance,estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Sections 602.ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL.The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.PUBLIC FEARING.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. 17 09-2312148429 Exhibit"A",Resolution No.2010-41 Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last,day of the fiscal year it shall.adopt the budget with revisions,if any,by the affirmative vote of at least a . majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year..Copies_thereof certified.by the City Clerk,shall be filed.with the City Manager,Director of Finance,City.Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS.From the effective date of the budget,, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency..All appropriations shall lapse at the end. of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the.City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE.The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes.If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors.The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected,as additional taxes not subject to the above limitation,if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City;and 18 09-2312/48429 Exhibit"A",Resolution No.201041 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) - S.pecial.levies;in_oddition.to.the.above and not subject to.the-above limitation, may be made annually,based on City Council approved estimates,for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit:parks and recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed$0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars;and civil defense and disaster preparedness not to exceed-$0.03 per One Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax,or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied,enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section_ This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is to pay or reimburse the-City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health,safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service,is charged to the user or person receiving such service,and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX.The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,for purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. 19 09-2312148429 Exhibit"A",Resolution No.2010-41 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.boads_payable out.ofrevenues shall:be_issued without the.assent of-the majority.of the. voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be-competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds;for the maintaining of adequate rates or charges,for restrictions upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund,and other appropriate covenants_Money placed in any such special field 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 fiends 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.PUBLIC UTILITIES AND PARKS AND BEACHES_ (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a-majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the ail^limative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment,conceptual cost estimate,and reasonable project description has been completed and widely disseminated to the public.Effective January 1,2011,and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange.County area. (c) Section 612(a)and 612(b)shall not apply; (1) to libraries or piers; (2) to any lease, franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND 20 09-2312/48429 Exhibit"A",Resolution No.201041 - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease,franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities;or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment,or any amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the remaining sections,subsections,parts,subparts,paragraphs,, clauses or phrases shall not be affected but shall remain in full force and effect. Section 613.EXECUTION OF CONTRACTS.Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council.Exceptions to this procedure are as follows- (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract,for the acquisition of equipment, materials,supplies,labor,services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended,and for the conveyance of title thereto. (c) Contracts for the sale of the products,commodities or services of any public utility owned,controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614.CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets,drains,sewers,utilities,parks and playgrounds,and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the 21 09-2312/48429 Exhibit"A",Resolution No.201041 amount set by ordinance,shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids,or if no bids are recpiye.d or without-advertising,for bids-if the total amount. of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees,or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to _ have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health,or property and shall be authorized by at least five affirmative votes of the City Council.. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT.The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest,direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may,without requiring competitive bids,designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year,a final audit and report shall be submitted by such accountant to the City Council,one copy thereof to be distributed to each member.Additional copies of the audit shall be placed.on file in the office of the City Clerk where they shall be available for inspection by the general public,and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. ,Section 617.INIFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said_term is defined in this paragraph,shall be placed in a separate fund 22. 09-2312/48429 . Exhibit W,Resolution No.201041 entitled"Infrastructure Fund."The term"Infrastructure-shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years.They include storm.drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach facilities, playgrounds,.traffic signals,streetlights,block walls along arterial highways,and all public buildings and public ways.In.terest_earned,on m9nies_in the Infrastructure..Fund shall.accrue_to that account.Monies in said Fund shall be utilized only for direct costs relating to it&wt ucture improvements or maintenance,.including construction,design,engineering,project management, inspection,contract administration and property acquisition.Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%.Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-.(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS.General municipal elections shall be held in the city on the first Tuesday after the fast Monday in November 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 ELECTIONS.All elections shall be held in accordance with the provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,for the holding of municipal elections,so far as the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers.The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. 23 09-2312/48429 Exhibit W,Resolation No.2010-41 ARTICLE VIH MISCELLANEOUS Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive.of the City shall continue to hold such offices until the completion of.their.current terms and the election or appointment and qualification of their respective successors under this Charter.All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith,are hereby continued in force until the same shall have been duly repealed,amended,changed or superseded by proper authority. Section 801.DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall"is mandatory,and"may" is permissive. (b) "City"is the City of Huntington Beach and"department," "board," "commission," "agency," "officer,"or"employee" is a department,board,commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real 24 09-2312/49429 Exhibit W,Resolution No.2010-41 property in the city may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. .(c) This Section 803 shall not apply.to: (1) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804.CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. 25 09-2312/48429 Res. No. 2010-41 SLATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio.Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None Citiberk and ex-officio erk of the City Council of the City of Huntington Beach, California Complete Text of Amendment to Charter Section 617 (Measure O - Failed) No . RESOLUTION NO. 2010-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUN'TINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN CITY MEASURES WHEREAS,a General Municipal Election on Tuesday,November 2,2010 has been called by City Council Resolution No.2010-34,adopted on June 7,2010;and The City Council also desires to submit to the voters at the election certain measures regarding the adoption of a revised and restated City Charter(excluding City Charter Section 617 entitled Infrastructure Fund),and a question regarding amendment of City Charter Section 617 entitled Infrastructure Fund;and The City Council is authorized and directed by constitutional provision and statute to submit the proposed questions to the voters, NOW,THEREFORE,THE CITY COUNCIL of the City of Huntington Beach does resolve,declare,determine and order as follows: SECTION 1.That the City Council,pursuant to its right and authority,does order submitted to the voters at the General Municipal Election the following questions: "Shall proposed Charter Amendment No. 1,revising and restating the Charter of the City of Huntington Yes Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved?" No "Shall proposed Charter Amendment No.2, amending Section 617 of the Charter of the City of Yes Huntington Beach entitled Infrastructure Fund,as set forth in the proposed measure be approved?" No i 09 2312/49429 A L_ Resolution No. 2010-41 SECTION 2. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 3. That in all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized,instructed and directed to give further or additional notice of the election,in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular.meeting thereof held on June 7,2010. MaNwOF AP ROVED AS TO FORM: 1 Y 1 [NITIAT WED AND APPROVED; Ci Administr r 2 09 2312/48429 t Exhibit"A",Resolution No.2010A I PROPOSED CHARTER AMENDMENT NO.2 AMENDING SECTION 617 OF THE CHARTER OF THE CITY OF HUNTINGTON BEACH RELATING TO THE INFRASTRUCTURE FUND -Section 61-7.VOIUSTRUCTIAtF-FUND. The term"infrastructure".shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,sidewalks, bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways,and all public buildings and public ways. All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,as said term is defined in this section,.shall be placed in a separate fund entitled "infrastructure Fund_"Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design,engineering,project management,inspection;contract administration and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose_ Interest earned on monies in the Infrastructure.Fund shall accrue to that account. Expenditures for infrastructure improvements and maintenance,shall not be reduced below 15% of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five(5)year period of 1996 to 2001,is and was 14.95%.Upon adoption of the 2017/2018 budget,debt service,or any other indirect costs,shall not be included in the 15% calculation of the general fund expenditures for infrastructure improvements,repair and maintenance- Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall present a report'its findings to the City Council at a noticed public hearing prior to adoption of the following fiscal-year budget. 26 09-2312/48429 MEASURE 0 Res. No.201041 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 07, 2010 by the following vote: AYES: Carchio, Coerper, Bohr, Dwyer, Hansen NOES: Hardy, Green ABSENT: None ABSTAIN: None Coplerk and ex-officio4erk of the City Council of the City of Huntington Beach, California Certified Copy of the Official Sample Ballot& Voter Pamphlet No . NEAL KELLEY Registrar of Voters REGISTRAR OF VOTERS Mailing Address: 1300 South Grand Avenue,Bldg.C P.O.Box 11298 Santa Ana,Caldbri is 92705 Santa Ana,California 92711 (714)567-7600 TDD(714)567 7608 FAX(714)567 7627 www_ocvote.com Dear Orange County Voter: This Sample Ballot contains information for the November 2, 2010 General Election. Please take a moment to be prepared prior to voting_ ✓ Vote-by-Mail: You can save time and vote-by-mail.The last day to request a vote-by-mail ballot is October 26, 2010. You may request a vote-by-mail ballot by using the application found on the back of this pamphlet or by visiting ocvote.com/mail. ✓ Polling Place: If you choose to vote at your polling place please plan ahead. Parking is limited at some locations and you can avoid congestion by voting mid-day if possible. You will have the option of voting an electronic or paper ballot at the polls. Simply advise the poll worker of your preference when signing the roster. ✓ Questions: If you have any questions about the November 2, 2010 General Election you may visit ocvote.com/november or call 1-888-OCVOTES(1-888-628-6837)_ Successful elections cannot happen without YOU! We need poll workers for this and future elections. Many need to be bilingual in Chinese, Korean, Spanish or Vietnamese_ Please call 1-866-551-VOTE (1-866-551-8683)or visit ocvote.com/volunteer and sign-up today!. Our mission is to serve the registered voters of Orange.County in a uniform, consistent and accessible manner with the highest level of integrity. We look forward to counting your vote and giving you another successful election. Sincerely, Neal Kelley Registrar of Voters VOTER'S - PAM PH LET The following pages may contain CANDIDATES'STATEMENTS together with BALLOT MEASURES, THAT MAY INCLUDE THE TEXT, IMPARTIAL ANALYSIS, FISCAL IMPACT STATEMENT,TAX RATE STATEMENT AND ARGUMENTS. (whichever is applicable to your ballot) A complete list of candidates appears on the sample ballot. However, this pamphlet may not contain a candidate statement for each candidate. Candidates' statements in this pamphlet are volunteered by the candidates and are printed at the expense of the candidates unless otherwise determined by the governing body. CANDIDATES' STATEMENTS AND MEASURE DOCUMENTS ARE PRINTED EXACTLY" AS SUBMITTED.CITY CANDIDATES'STATEMENTS AND MEASURE DOCUMENTS ARE FILED AND ACCEPTED BY CITY CLERKS. SCHOOL AND SPECIAL DISTRICT CANDI- DATES' STATEMENTS AND MEASURE DOCUMENTS ARE FILED AND ACCEPTED BY THE REGISTRAR OF VOTERS OFFICE. ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE PROPOSED LAWS ARE THE OPINIONS OF THE AUTHORS. V ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue I Building C J Santa Ana, CA 92705 1 714-567.7600 HOW TO USE THIS SAMPLE BALLOT PAMPHLET All of the 2010 General Election information is contained in this pamphlet. By using these instructions as a guide, read through this pamphlet to assist you in making your decisions on how to vote at the polls or by a vote-by-mail ballot. Review it, Marls it, and Take it with you to your polling place. What is Included in this Sample Ballot? • instructions for voting at the polls,either on the eSlate or paper ballot; • A sample ballot; . How to become a poll worker, Voting options information; Candidate Statements(if applicable)—Located after the ballot pages; and Local measures(if applicable)—Following the Candidate Statements; they may include: Text, Impartial Analysis, Tax Rate Statement, and Arguments Pro and Con. INFORMATION FOR VOTERS. . .VOTING OPTIONS What do 1 do if 1 have Moved? If you moved within Orange County and have not re-registered at your new address, you may vote and re- register for future elections EITHER at the Registrar of Voters office OR at the polling place for your new address on Election Day:To confirm your registration status, go to ocvote.com/verify. How do 1 Request a Vote-by-Mail Ballot? A permanent Vote-by-Mail Voter does not need to request a ballot; one will be mailed shortly to those voters. Those who are NOT Permanent Vote-by-Mail Voters may complete and return the"Application for a Vote-by-Mail Ballot' printed on the back cover to request a vote-by-mail ballot for the 2010 General Election. if you wish to become a Permanent Vote-by-Mail Voter,check the"Permanent Vote-by-Mail Voter" box on the application to receive a ballot automatically for future elections. NOTE: The application may be mailed or faxed, (714) 567-5100, to the Registrar of Voters office.A one-time vote-by-mail application is also available online at ocvote.com/mail. The application must be received no later than October 26, 2010. Be sure to sign your application. How do 1 Return my Vote-by-Mail Ballot? • Your vote-by-mail ballot may be returned by mail or in person to the Registrar of Voters office or to any polling place in Orange County. . if you are unable to personally return your voted ballot, you may designate one of the following to return it for you: Spouse, child, parent, grandparent, grandchild, brother, sister, or anyone residing in your house. State law requires the poll worker to verify that the ballot envelope is felled out properly prior to depositing it in the r ballot box. OC Y . ORANGE COUNTY REGISTRAR OF VOTERS 11300 South Grand Avenue I Building C I Santa Ana,CA 92705 1 714.567.7600 WHERE DO 1 FIND INFORMATION ON- THE STATE PROPOSITIONS? Information on the State propositions is included in the State voter Information Guide provided by the Secretary of State. Or go to the California Secretary of State's website at sos.ca.gov for summary, text, arguments and analysis of each of the State propositions. CALIFORNIA REPUBLIC OCi/ ORANGE COUNTY REGISTRAR OF VOTERS 1 300 South Grand Avenue Building C I Santa Ana,CA 927051 714.56T7600 SERVE AS A POLLWORKER CAN ELECTION DAY jI y - d�' r.: d � ¢;tt; z �y x The Registrar of Voters needs a helping hand. By volunteering, you can provide a valuable community service and make a priceless contribution to the American electoral process. There are plenty of ways to get involved- Potting Place Inspectors, Polling Place Clerics, Election Day Coordinators,Collection Center Workers,and Election Night Tally Center Crewmembers all play a vital role in ensuring that Orange County's elections.are accurate, efficient,and successful. You will receive a stipend for your services_ For more information regarding positions and to sign-up online,go to ocvote.comtvotunteer.Or you may call 1-714-954-1901. It's easy to sign-up.Just return the postcard on the back cover of this pamphlet and the Registrar of Voters' office will contact you in the near future- CVO a ORANGE COUNTY REGISTRAR OF VOTERS 1 1 300 South Grand Avenue I Building C I Santa Ana, CA 92705 1714.567.7600 INSTRUCTIONS TO VOTERS Voting Electronically at the Polls: To vote for a candidate whose name appears on the ballot,turn the select wheel to move the blue bar to highlight your choice and press the ENTER button.Where two or more candidates for the same office are to be elected,turn the select wheel to move the blue bar to highlight your choice and press the ENTER button. Follow this process for each candidate for whom you desire to vote in that contest.The electronic system will not allow the voter to vote for more than the number of candidates to be elected. To vote for a qualified write-in candidate,turn the select wheel to move the blue bar to highlight the blank space provided for that purpose after the names of the other candidates for the same office and press the ENTER button to type the person's name. To vote on any measure,turn the select wheel to move the blue bar to highlight your choice in the voting square to the left of the word"Yes"or to the left of the word"Non and press the ENTER button. Voting on a Paper Ballot at the Polls: To vote for a candidate whose name appears on the ballot,using a black or blue pen provided, completely fill in the rectangle to the left of the candidate's name.Where two or more candidates for the same office are to be elected,completely fill in the rectangle to the left of the names of all candidates for the.office for whom you desire to vote, not to exceed,however,the number of candidates to be elected. To vote for a qualified write-in candidate,write.the person's name in the blank space provided for that purpose after the names of the other candidates for the same office. Be sure to completely fill in the rectangle to the left of the line.DO NOT write in a name that is already printed on the ballot.DO NOT fill in the rectangle to the left of the write-in line if you do not write a qualified write-in candidate's name on the line. To vote on any measure,completely fill in the rectangle to the left of the word"Yes"or to the left of the word"No". If you incorrectly mark,tear or deface your ballot,return it to a precinct board member and obtain another. Do not sign or initial your ballot.Signature and initials will void your ballot.All distinguishing marks and erasures are forbidden and make the ballot void. Vote for only one selection for each contest,unless otherwise indicated. Once you have finished voting,place your ballot in the secrecy folder provided and return it to a precinct board member,who will deposit your voted ballot into the ballot box. Example FOR GOVERNOR Vote for One ❑ THOMAS A. EDISON ❑ ALBERT EINSTEIN ❑ HELEN KELLER ■ FLORENCE NIGHTINGALE ❑ BOOKER T. WASHINGTON CV a ORANGE COUNTY REGISTRAR OF VOTERS 11300 South Grand Avenue I Building C I Santa Ana, CA 92705 1714.567.7600 Vote Both Sides ME General Election OFFICIAL BALLOT Orange County November 02,2010 Secrah"of stabs Atomay General vow for one Vote for one 0=1118® ®CHRISTINATOBIN ®DIANE BEALLTEMPLIN ZLibertarian Amerkm Independent Voting Rights Advocate Afmnrey/RE Broker ®MARYLOU CABRAL ®STEEE COOLEY Peace and Freedom Republican Community Volunteer DisMctAftomey.County of Los Angeles ®DEBRA BOWEN ®ROBERT J.EVANS Democratic Peace and Freedom Secretary of State Criminal Defense Lawyer MERTON D.SHORT C3 PETERALLEN lip American Independent Green OAvlates Erwin—tal Energy Attorney O ®ANN MENASCHE ®KAMALA D.HARMS CD Green Democratic to STATE OF CALIFORNIACivil Rights Attorney District Atbrtrey,City and County of r� San Francisco C3 DAMON DUNN N Governor Republican �TIMOTHY J.HANNAN CA VOW for One Small Business Owner Libertarian ®LAURA WELLS ® Attorney/Arbitrator/Mediator Green Financial Systems Consultant MEG WHITMAN Controller Republican Vote for One linurffi1Ce Commissioner Businesswoman ®JOHN CHIANG. Vote for One ®DALE F.OGDEN Democratic ®RICHARD S.BRONSTEIN Libertarian Controller tJbedarian ++ Business ConsultantfActuary ®LAWRENCE G-BELIZ - Licensed Insurance Broker � 0 ®JERRY BROWN American Independent [=3 WILLIAM BALDERSTON 0 Democratic Independent Businessman Green to Attomey General of California ®BOSS D.FRfW KEL TeactrerAMion Organizer m 0 ®CHELENE NIGHTINGALE Green DAVE JONES d American Independent Accountant Democratic Business Owner ®ANDREW'ANDY'FAVOR. Member,California State Assembly E ®CARLOS ALVAREZ Libertarian - ®MIKE VILLINES _ E � Peace and Freedom Cerffied Public Accountant Republican Retail Worker ®TONY STRICKLAND BusinessmaNState Assemblyman ® Republican ®CLAY PEDERSEN State Senator/Busmessman American Independent ®KAREN MARTINEZ Retail Manager Lieutenant Governor Peace and Freedom 1:3 DINA JOSEPHINE PADILLA Vote for One Retired Peace and Freedom ®JAMES"JIM I"CASTILLO ® injured Worker Consultant Green Cultural Spiritual Adviso ®CT.WEBER Treasurer Peace and Freedom Vote for one Member.State Board of Equalization Retired GovemmentAnalyst ®DEBRA L.REIGER 3fd OlsbW JIM KING Peace and Freedom Vote for one American Independent Retired Technology Manager ®JERRY L-DIXON Real Estate Broker Cl Certified M.TEYSSIER Libertarian fh ®PAMELAJ.BROWN Libertarian Certified Public Accountant v- Libertarian Business Owner/Attorney ®MARY CHRISTIAN HEISING Democratic t� Economics Professor C CHARLES'KIT CRfTTENDEN O E3 GAVIN NEWSOM Green Retired Businesswomant!7 Democratic Retired Professes ®TERRI LUSSENHEIDE 6� Mayor,City and County of ®MIMI WALTERS American Independent `— San Francisco Republican Home School Teacher ® ®ABEL MALDONADO Businesswoman ®MARY LOU FINLEY Republican ®BILL LOCKYER Peace and freedom i Senator/Businessman/Famw Democratic Special Education Assistant — a ® California State Treasurer ®MICHELLE STEEL Republican ®ROBERT LAUTEN Pu ® American Inds ndent Member,Board of Equalization won Vote Both Sides Vote Both Sides General Election OFFICIAL BALLOT Orange County November 02,2010 =� UNITED STATES SENATOR For ASsoclate Jrstfce of the Supreme Court COAST COMMUNITY COLLEGE DISTRICT ® eIA tt v One, For Assodate Jusdce of the Supreme Court Governing Board Member.Trustee Area 1 hhr® shad Associate Justice CARLOS R MORENO Vole for One v WANE ROBERTS be elected to the office for the lens provided by Green ®SHANACHRISTINAJENKINS ®_ Community Volunteer law? Community Volunteer ®BARBARA BOXER ®Yes JIM MORENO OM Democratic ®No Governing Board Member,Trustee United Stales Senator Area One,Coast Comnwnity College For Presiding Justice,Court of Appeal, District ®GAII GAIL K LI LIGHTFOOT 41h Appellate Dish Dh ision i LiberRetired Nurse arian For Presiding Justice of the Appellate Court shall Presiding Justice JUDITH 0. CIO E3 MARSHA FEINLAND MCCONNELL be elected to the office for the p Peace and Freedom term provided by kmO COAST COMMUNITY COLLEGE DISTRICT 00 Refired Teacher Govemitg Board Member.Trustee Area 5 ®Yes Vole for One N ®CAROY FIORINA ®No LYNNE RIDDLE to Republic Retired Federal Judge BusinessExecutive For Presiding Justice,Court of Appeal,P- C)P- C) ®EDWARD C_NOONAN 4th Appellate District,OMsion 2 DAVID A. President G_ RA O American Independent For Presiding Justice of the Appellate Court C14 Computer store Owner shad Presiding Justice MANUEL A RAMIREZ M BOB MOSLEY be elected to the office for the term provided by EducatodRetlred Policeman law? E3 M Yes UNITED STATES REPRESENTATIVE 46th District HUNTINGTON BEACH UNION HIGH SCHOOL Vote for One For Associate Justice.Court of Appeal. DISTRICT,Governing Board Member ®DANA ROHRABACHER 41h Appellate DlslrK Division 2 Vote for no more than Three Republican For Associate Justice of the Appellate Court C3 ANJI CLEMENS US Representative,46th District shad Associate Justice CAROL D- Educator/Business Consultant 0 INN ARNOLD th' ® CODRINGTON be elected to e office for the �..r EM BONNIE CASTREY Democratic term provided by taw? Governing Board Member,Huntington Cc Business Systems Analyst ®Yes Beach Union High School District 40 No RtAN GARLAND ® ® ®BGoverning Board Member,Huntington 4 Q For Presiding Justice.Court of Appeal. Beach Union High School District C E MEMBER OF THE STATE ASSEMBLY 4It Appellate District Division 3 ®CHARLIE CHI MANH NGUYEN E 67th District For Presiding Justice of the Appellate Court E t� V ngirmedBusirhess Owner Vote for One shall Presiding Justice DAV1D G.SILLS be ®ROSALIND FREEMAN elected to the office for the term provided by ®KATHLEEN(KATHY)IVERSON law? Refired Teacher Democratic Refired Paralegal 1:3 Yes ®TOM DERN Businessman ®JIM SILVA [:3No Republican - BusinessmanVCalifomia Assemblyman For Associate Justice,Court of Appeal, ® 4th Appellate Disbtct,Division 3 For Associate Justice of Ire Appellate Court _ shad Associate Justice WILLIAM W. JUDICIAL Vote yes or no for each office BEDSWORTH be elected to the office for the Sam provided by taw? For Chief Justice of the Supreme Court ®Yes For Chief Justice of the Supreme Court shall Chief Justice TANI G.CANTIL-SAKAUYE be ®No elected to the office for the term provided by - For Associate Justice,Court of Appeal, law`7 M 4th Appellate District DhdsZon 3 �— ®Yes For Associate Justice of the Appellate Court No shall Associate Justice EILEEN C.MOORE be elected to the office for the term provided by Try For Associate Justice of lire Supreme Court law? W For Associate Justice of the Supreme Court ®Yes shall Associate Justice MING W.CHIN be •" elected to the office for the tern provided by ®No s law? SCHOOL ® Yes ® Superintendent of Pudic Instruction ® No Vote for One ® ®TOM TORLAKSON TeadherlCaldo nia Legislatornow r_ ®IARRYACEVES Refired School Superintendent ® Q= h® » Vote Both Sides Vote Both Sides General Election OFFICIAL BALLOT Orange County ®_ November 02,2010 OCEAN VIEW SCHOOL DISTRICT CITY OF HUNTINGTON BEACH ORANGE COUNTY WATER DISTRICT Govwvft Board Member Member,City Council Direr mr,Division 8,ShatTerm t� Vote for no more Oren Three Vote for no more than Four Vote for one e. BRIAN JOSEPH RODDEN BILL RORICK FELiX ROCHA JR a Bushummnan Business Exrewtive/Engmeer Retied INS Agent ® GEORGE W.CLEMENS SHAWN ROSELIUS C3CATHY GREEN ® Incumbent Student Mayor of Huntington Beach JOHN ORTIZ JOE CARCHIO ROBERT R.'BOB"MCVICKER s Paraeducator Special Education Counclmember/Retired Businesowner Water Resource Manager JOHN BRISCOE C3NORM WESTWELL DON MACALLISTER _ Governing Board Member.Ocean View - School Soardmember/Busmessamer Businessman School District of Orange County ,® ty BILLY O'CONNELL O TRACY PELLMAN Businessowrerftfon-Profit Director Q Governing Board Member.Ocean View JIM KATAPODIS O School Dist ict Ponce��� IAPD MEASURES SUBMITTED TO THE VOTERS sor6 En STATE OF CALIFORNIA to MOAN KALMICK r Small Business Owner 19-LEGALIZES MARIJUANA UNDER N HEATHER GROW CALIFORNIA BUT NOT FEDERAL LAW. PERMITS LOCAL GOVERNMENTS TO N Educator PERMITS AND TAX COMMERCIAL WILLIAM GRUNWALD PRODUCTION,DISTRIBUTION,AND SALE Business Manager/Attorney OF MARIJUANA.INITIATIVE STATUTE. COUNTY OF ORANGE ®BRUCE J.BRANDT Mows people21 years old or older to possess, Licensed Professional Engine activate.or transport marijuana for personal Treamrrer-Tax Collector CONNIE BOARDMAN use.Fiscal Impact Depending on federal,state, Vote for One College Biology Professor and local goverment actions,potential ®KEfTH RODENHUIS increased tax and fee revenues in the hundreds Deputy Treasurer.County of Orange ®JOHN VON HOLLE of millions of dollars annually and potential Retired Municipal Employee correctional savings of several tens of millions e-+ ®SHARI L.FREIDENRICH LANDON FICHTNER of dollars annually. 0 City Treasurer/CPA Meteonxbgist/ScienceTeacher Yes ®BUUR FARLEY No E Pastor/Planning Commissioner Q1 20-REDISTRICTING OF CONGRESSIONAL S! CITY FREE)J.SPEAKER E- CL Businessowner/Planning Commissioner DISTRICTS.INITIATIVE CONSTITUTIONALE AMENDMENT. ( ®JOE SHAW Removes elected representatives from process N Small Business Owner of establishing congressional districts and ®ERIK PETERSON transfers that authority to recently-authorized Businessman 14-member redistricting commission comprised of Democrats,Republicans,and representatives ®ANORISSA DOMINGUEZ of neither party. Fiscal Impact No significant MonVPlayground Supervisor net change in state redistricting costs. ®BARBARA DELGLEIZE ®yes Businessowner/Ptanning Commissioner ®MATTHEW HARPER NO Governing Board Member,Huntington 21-ESTABLISHES$18 ANNUAL VEHICLE Beach Union High School District LICENSE SURCHARGE TO HELP FUND STATE PARKS AND WILDLIFE PROGRAMS. GRANTS SURCHARGED VEHICLES FREE ADMISSION TO ALL STATE PARKS. INITIATIVE STATUTE- Exempts commercial vehicles,trailers and trailer coaches from the surcharge.Fiscal ce) Impact Annual increase to state revenues of �— $500 million from surcharge on vehicle r ® registrations.After offsetting some existing ® _ funding sources,these revenues would provide at feast$250 million more annually for state CITY OF HUNTINGTON BEACH parks and wildlife conservation. r City Attorney ®yes ® Vote for One JENNIFER MCGRATH NO Huntington Beach City Attorney ® ®T.GABE HOUSTON Atldrney/Finance Boardmember claw Cl DISTRICT r® Vote Both Sides Vote Both Sides General Election OFFICIAL BALLOT Orange County November 02,2010 ® 22-PROHIBITS THE STATE FROM 26-REQUIRES THAT CERTAIN STATE AND Q-Htrntirgton Beach,Huntinoon Beach BORROWING ORTAtONG FUNDS USED LOCAL FEES BE APPROVED BY Private Wheless Communlcatiart Facilities +� FOR TRANSPORTATION, TWO-THIRDS VOTE FEES INCLUDE THOSE Advisory Meawre REDEVELOPMENT,OR LOCAL THAT ADDRESS ADVERSE IMPACTS ON Shati the City permit the installation of a mobtie GOVERNMENT PROJECTS AND SOCIETY ORTHE ENVIRONMENT CAUSED telephone antenna at Harbour View Park SERVICES. INITIATIVE CONSTITUTIONAL BY THE FEE-PAYER'S BUSINESS. located at 16600 Saybrook Lane and at Balsa es AMENDMENT. INITIATIVE CONSTITUTIONAL.AMENDMENT. View Park located at 5741 Brighton Drive? Prohibits State.even during severe fiscal Fiscal Impact Depending on decisions by Y84 hardship;from delaying distribution of tax governing bodies and voters,decreased state >o revenues for these purposes.Fiscal Impact and local government revenues and spending E=1 NO Decreased state General Fluid spending and/or (up to billions of dollars annually).Increased Increased state revenues,probably in the range transportation spending and state General Fund N of$1 billion to several billions of dollars costs($1 billion annually).. eo aoutalty.Comparable Increases in funding for YeS C state and local transportation programs and C)O local redevelopment NO O ®Yes 27-ELIMINATES STATE COMMISSION ON REDISTRICTING.CONSOLIDATES NO AUTHORITY FOR REDISTRICTING WITH 23-SUSPENDS IMPLEMENTATION OF AIR ELECTED REPRESENTATIVES.INITIATIVE N POLLUTION CONTROL LAW(AB 32) CONSTITUTIONAL AMENDMENT AND N REQUIRING MAJOR SOURCES OF STATUTE. EMISSIONS TO REPORT AND REDUCE Eliminates 14-member redistricting commission. GREENHOUSE GAS EMISSIONS THAT Consolidates authority for establishing state CAUSE GLOBAL WARMING,UNTIL Assembly,Senate,and Board of Equalization UNEMPLOYMENT DROPS TO 5.5 PERCENT districts with elected representatives who draw OR LESS FOR FULL YEAR INITIATIVE congressional districts.Fiscal Impact,Possible STATUTE. reduction of state redistricting costs of around Fiscal Impact Likely modest net increase in St million over the next year.Likely reduction of overall economic activity in the state from these costs of a few million dollars once every suspension of greenhouse gases regulatory ten yeas beginning in 2020. o activity,resulting in a potentially significant net Yes _® Increase in state and local revenues_ ®yes ®No ®No CITY 24-REPEALS RECENT LEGISLATION THAT N-Huntington Beach,Huntington Beach CityCL WOULD ALLOW BUSINESSES TO LOWER Charter Cored C erg Update Measure E (� THEIRTAX LIABILITY_INITIATIVE STATUTE. revShall proposed Charter Amendment the i Fiscal Impact Increased state revenues of Hunting and restating the ing charternges g the City of about$1.3 billion each year by 2012-13 horn Huntington Beach d Infrastructure ru charges ) higher taxes paid by some businesses.Smaller Section he entitled Infrastructure Rural)ed set forth in the proposed measure be approved? increases in 2010-11 and 2011-12. ®Yes Ytas ®No No 25-CHANGES LEGISLATIVE VOTE O-Huntington Beach,Huntington Beach City REQUIREMENT TO PASS BUDGET AND Charter Section 617,Infrastructure Fund Mere BUOGET-RELATED LEGISLATION FROM TWO-THIRDS TO A SIMPLE MAJORITY. Shalt proposed Charter f the No.2, RETAINS TWO-THIRDS VOTE ofHn tin ��617 of the Charter t the City REQUIREMENT FOR TAXES. INITIATIVE of Huntington Beach entitled Infrastructure CONSTITUTIONAL AMENDMENT. Fund, a set forth in the proposed measure t e approved? Legislature permanently forfeits daily salary and expenses until budget bill passes.Fiscal M Yes C:) Impact In some years,the contents of the state C3 fvD NO budget could be changed due to the lower legislative vote requirement in this measure. P-Huntington Beach,Huntington Beach UUT ("? The extent of changes would depend on ripe ModemtzationfReduction Measure Legislature's future actions. To preserve vital city services shall Huntington M Yes Beach's existing utility users ordinance be modernized and reduced by.1%to maintain NO 9-1-1 emergency response times,police . officers,firefighters,public safety ® communications/equipment,senior services, storm drains and other city services,requiring equal treatment of taxpayers regardless of ® technology used with low-income senior ® exemptions,annual audits,focal control of _ funds,and no rate increase without voter h +>® approval? ®Yes ®No Vote Both Sides CAMPAIGN EXPENDITURE LIMITATIONS Proposition 34, passed by the voters at the November 7, 2000 election, provides that state legislative candidates who voluntarily limit their campaign expenditures in acr cordance with Proposition 34, may submit a candidate statement of qualifications for inclusion in the sample ballot and voter information pamphlet. The list below includes all candidatesfor legislative districts within Orange County. Candidates that have voluntarily agreed to expenditure limitations are indicated with an asterisk(*) after their name. STATE SENATE Lou Correa Gila Jones* Lucille Kring Kristi Stone* Mark Wyland* STATE ASSEMBLY Henry J. Bestwick* Melissa Fox* Rosalind Freeman* Gregg D. Fritchle* Curt Hagman* Robert M. Hammond* Diane L. Harkey* Judy Jones* Gary Kephart* Allan R. Mansoor* Tony Mendoza Jeff Miller Phu Nguyen* Chris Norby* Jane Rands* Jim Silva* Jose Solorio* Deborah Tharp Esiquio Ramos Uballe* Donald P. (Don) Wagner* OCVO ORANGE COUNTY REGISTRAR Of VOTERS 1300 South Grand Avenue I Building C 1 Santa Ana;CA 92705 1714.567.7600 f s�� UNITED STATES REPRESENTATIVE,46TH DISTRICT NAME:KEPI ARNOLD AGE:66 OCCUPATION:Business Systems Analyst 1 have lived,worked and raised my two sons in and new our district.I reside here with my wife,Thanh-Thanh.I have decades of business experience solving problems,increasing efficiency and growing profits for businesses of all sizes from individual accountants to aerospace giants. 1 believe our district deserves new real working caring representation.I will work to bring more reality,balance,reason and practicality to Washington and to reduce extremism and blind partisanship. Too much of Washington supports false economics and has ignored common sense and the nation's needs.Supply without demand yields only waste.Capital without labor and resources produces nothing.We cannot indefinitely ignore runaway budgets,trade deficits and wars.Govemment should encourage and support business,but must first serve and protect the citizens and taxpayers. We cannot easily recover the millions of.jobs nor the trillions of dollars in investments and horse equity lost in 2007 and 2008. However,we can accelerate recovery and pun our nation and economy back on track for global leadership and prosperity. To do so,we must bring back American manufacturing(again have"Made in America products available). We must become sustainably energy independent. We must invest in education and infrastructure and enact beneficial realistic immigration and trade policies. I will represent citizens and not special interests.I ask for your vote so that 1 may serve you,our state and this country that I love so much Please visit www.KenAmoldForCongress.Com to team more and share your thoughts: MEMBER Of THE STATE ASSEMBLY,6TrH DiST = NAME:JIM SILVA OCCUPATION:Businessman/California Assemblyman 1 am working hard to change Sacramento and protect taxpayers.The state budget mess was caused by years of over-spending,over-promising and irresponsible decisions. Taxpayers should not be punished because politicians don't do their jobs. As your representative;I'm proud to say that I have an W rating from the Howard Janris Taxpayers Association because I have never voted for a tax increase and I've worked to limit spending and hold government accountable. Law enforcement supports me.I strongly oppose plans to release prison inmates early. Public safety should never be compromised because of political falures in Sacramento. Immigration reform groups support me because of my tough stand Against Amnesty and illegal immigration. I've authored legislation to force the federal government to reimburse our state. for the costs of illegal immigration caused by their inability to control the border. My priorities continue to be:No Tax Increases;Create Jobs and Improve the Economy through less regulation and red tape,and Balance the Budget and stop wasteful spending. My wife Connie and 1 believe in the greatness of our nation and in the potential of all hardworking citizens to realize their dreams.We raised our two children here in our district,saw them grow up in a safe community with good schools and go on to graduate from the United States Air Force Academy.As a businessman,economics teacher,former mayor and city councilman,I'm deeply committed to our special part of Orange County. 1.would be honored to receive your vote. COAST COMMUNITY COLLEGE DISTRICT COAST COMMUNITY COLLEGE DISTRICT GOVERNING HOARD MEMBER GOVERNING BOARD MEMBER TRUSTEE AREA 1 TRUSTEE AREA 1 NAME:SHANA CHRISTINA JENIGNS. NAME:JIM MORENO OCCUPATION:Community Volunteer OCCUPATION:Goverriing Board Member,Trustee Area One, Coast Community College District The time for change is now. In these dire times of budget cuts, students are suffering. it is time to Thankyou for the opportunity to serve as your Trustee.As Board President t remove the politics from the Board of Trustee meetings,our students and ensured quality of education and administration.I pledge to further improve you tax payers deserve boner. and build our District into the best it can be.Your support makes certain my work continues. 1 am a product of OCC and Coastline.Because of the wonderful teachers and staff there, 1 was able to receive a great education and unlimited Because of severe state cuts to education I have been vigilant in keeping support for my next step.They made certain l could attend and graduate the District's spending in line,to keep the doors open for our students.I from UCLA.Today,my experience could never happen because of the cuts insisted on better Career Training and Education Programs. I initiated a directly affecting the students. District-wide Budget Advisory Committee which recommends areas of savings and efficiencies to absorb the staggering state budget reductions to There are fewer classes available to full time students.Re-entry classes higher education_ that help adults gain valuable new work skills are being slashed.And the community outreach programs serving our youth are seriously reduced. I voted to keep KOCE a Public Broadcast Station,and also authored the motion protecting Goldenwest College from big box development. 1 am The Board needs someone focused on understanding and supporting the proud to have earned the support and endorsement of my neighbors. past success of our District. If elected, I will work hard to maintain the community leaders,students,college faculty and staff. well-eamed reputations of all of the classrooms at the District.t will fight hard to cut everything,except from the students directly. I take this lob seriously; I listen to my constituents, and t have initiated specific changes to improve the District's leadership and programs.I askfor The time for grange is now.1 urge you to vote for me,Shana Jenkins for you vote to carry on my efforts as your Trustee charting a course through District t.,Coast Community College District, this unprecedented financial period. Visit my website:www.shanaienkins.com. For more information visit www.districtone.info. Thank you for your continued support. Jim Moreno COAST COMMUNITY COLLEGE DISTRICT COAST COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER TRUSTEE AREA 5 TRUSTEE AREA 5 NAME:LYNNE RIDDLE NAME:DAVID A.GRANT OCCUPATION:Retired Federal Judge OCCUPATION:Retired College President While no longer free, community colleges serve our shared belief that . It is time to elect trustees committed to keeping dollars in the classroom, affordable access to education is crucial to meaningful lives and a supporting our students.More than ever,experienced community college productive democracy. Community colleges remain the most economic leadership is needed. investment students,their families and taxpayers can make for our future. As former president of Orange Coast College,I know the Coast Community An educator at heart,1 earned a doctorate in education,was a university College District and is issues. Top priority must be given to student instnictodprofessor for eight years,and after law school practiced law in success.We must support faculty and strive to provide more classes for Santa Ana 9 years.Most recently,I served 14 years as a federal bankrupicy students. We can start to.accomplish this by reducing overhead and .judge,helping rescue failing institutions,known as a'hanging judge when controlling costs.School district bureaucracy must be reduced. presented with'cooked books,fraud and deceit. As a trustee,)pledge to: Facing harsh funding cuts,financial instability and joblessness,we must Keep student success my top priority. economize and maximize campus resources.I oppose salary and pension S facultyin pursuit of excellence in the classroom. bu ases,especially by public and school officials.No teaming opportunity or ef student success should ever be lost through institutional ineffectiveness. Refocus on core subject arcs and cool district overhead. rce training. mismanagement or personal greed. Empower our colleges and reduce sctioo! Tighten controls on all costs not directly related to student achievement. t will spare no effort to achieve locally available classes for those seeking university transfer,career certificates,or job retooling.I offer my skits and I have 35 years of experience serving students: experience to resolve educational resource issues. Full time Professor of history Want affordable community college,institutional belt-tightening,leadership Head Coach,OCC Crew and integrity?Say'Yes'by voting for Lynne Riddle,Trustee,Area 5. Dean of Students,Orange Coast College President,Orange Coast College Questions?Email me:JudgeLynne4Trustee@gmal.com President,OCC Foundation Board(current member) Education:BA,UCLA-,MA,Long Beach State After three decades of teaching,coaching, and managing in the Coast District,I will work effectively for students and tax payers-Please vote for David Grant,Trustee Area 5. Davidgrant4tnutee.com ilk HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER NAME:ANA CLEMENS NAME:BONNIE CASTREY AGE:68 OCCUPATION:Educator/Business Consultant OCCUPATION:Governing Board Member,Huntington l3each Union High School District To maintain the high quality educational opportunities for youth in our high schools is a major goal for our communities in these difficult economic Dear Voters, times.My 40 years of teaching and administrative experience have given p� a Board Member, I use my mediation, business and teaching me the skills to bean effective Huntington Beach Union High School District Board member. My emphasis is to maintain positive two way background to bring together students,parents,communities and staff communication that will provide continuous support to our high schools. with differing viewpoints to collectively solve problems and develop strategies for our District and school programs. In these fiscally My community service and volunteer activities:Past-President,Soroptimist challenging times these strategies have enabled our District to focus our Intemational;Personnel Comrtfissiorner for the Cities of Huntington Beach financial and human resources on the education of all students to enable and Westminster; Huntington Beach Fourth of July Committee; them to become creative,responsible,productive citizens. Westminster Citizens Police Academy and; supporter of school modernization bond initiatives. Measurable results include-increased student achievement,challenging student centered classes, multiple avenues of learning for career and It was an honor for me to be named Orange County Magazine Woman of college bound students, high quality instructional materials, increased Me Year and Soroptimist Woman of Distinction in Education. technology and modernized,safe learning environments. My professional enrichment activities:20 years Accreditation Chairperson; My proven leadership in responsible. fiscal management, land "100 Schools Nel Conference Coordinator for the California management, school modernization and cooperation with elementary Department of Education; trainer for the Nevada State Department of districts, cities, businesses and senior citizen organizations results in Education; completion of Doctorate, Administrators Finance, Special substantial benefits for all students through coordinated academic and Education,and Principal's Academies. co-curricular programming,services and activities. My interest is to represent you and the youth in all our communities to I want to continue working with you and the HBUHSD's fine staff to meet maintain excellence in education.Contact me at westlionlim or the challenges of providing quality educational programs as our District 714-960-3131- proactively manages finances during the State's fiscal crises.chats why the HBUHSD Educators'Association and numerous community leaders endorse me. Vote for Bonnie Castrey:proven responsive leader- Contact me: 714-963-7114; vote4bonniecastrey2O10Ceadtdink.net; www.ebctbonmiecastrey Sincerely, Bonnie Castrey HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HUNTINGTON BEACH UNION.HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING BOARD MEMBER NAME:BRIAN F.GARLAND NAME:CHARLIE CHI MANH NGUYEN AGE:46 OCCUPATION:Governing Board Member HBUHSD OCCUPATION:Engineer/Business Owner Education and Quafif ications: As a long time resident of Huntington Beach,I believe that good schools are Northeastern Illinois University B.E. integral part of community pride.I went to Westminster High School in this California State University M.A. district,later obtained a Bachelors Degree in Engineering from Cal State Fullerton and Master's Degree from Cal State Long Beach. As a proud Teaching and administrative experience forty years. Public service as product of public education, I'm always mindful of the challenges facing school board member with the Huntington Beach City and HBUHSD for 33 public schools in California,especially in today's budgetary crisis. yew' As my daughter is going to start her high school in the district this year,the Orange County High School Principal of the Year.State of California High stakes cannot be higher for my daughter,my family and my community. School Principal of the Year. Orange County Outstanding Educator. I've been a coach to basketball teams in the Huntington Beach's City Recipient of P-T.A.Lifetime recognition pin for service to the youth of this League and actively involved in scouting activities.I've been a youth group community. leader for over twenty years. My pledge to you is that I will be uncompromisingly committed to the As a professional engineer,engineering manager and business owner, intellectual growth,academic and co-curticular achievement character and know what it takes to prepare students for today s demanding labor market leadership development and physical well being of every student. The and college world. HBUHSD has delivered an outstanding program,despite limited resources provided by the state. 9 elected to this school board,I'll make sure that parents are involved and The years ahead are going to be a time of challenge for the HBUHSD.It is a have a strong voice in their children's education,all students are prepared time when vision,experience,and leadership will be required-Trustees will to go to college and the district provides the very best education possible be presented with difficult choices as they set during this most difficult time. pr ey priorities and explore opportunities for optimal use of their fiscal and human resources.Success has been possible with careful long range strategic planning. Please join me as a supporter of Parents and Educators for Garland.Our common goal...improved learning opportunities for all students. Thank you, Brian Garland (714)962-1895 HUNTINGTON.BEACH UNION HIGH SCHOOL DISTRICT GOVERNING BOARD MEMBER NAME: KATHLEEN(KATHY)IVERSON AGE:60 OCCUPATION:Retired Teacher I have lived in our community for 60 years,earring bachelor's and master's degrees in chemistry from Cal State Fullerton. Shawn Weiner, President, Huntington Beach District Educators Association says,"The Huntington Beach District Educators Association has endorsed Kathy Iverson because of her decades of experience as a teacher and school board member in our community.Please vote for Kathy Iverson on November 2." As a school board member and teacher 1 have a. proven record of responsible fiscal management. During my thirty-six year career i taught elementary,secondary and college students and understand the challenges of providing.a quality education for all. Despite today's tough economic times,our schools can.continue to be places where students are involved,challenged and feel safe:I pledge to do everything possible to prepare every student in our District to be a good citizen in the 21 st century. I am a member of the Westminster Historical Society,Friends of Rancho Los Cerritos and St.Wilfrid's Episcopal Church in Huntington Beach. 1 am also proud to be endorsed by Mayor Margie Rice,Mayor Pro Tern Jill Handy,School Board Members Dave Bridgewaters,Shirley Carey,George Clemens,lan Collins and Judy Edwards. Vote Kathy Iverson:kathleen_iverson@yahoo.com �. OCEAN VIEW SCHOOL DISTRICT OCEAPt VIEW SCHOOL DISTRICT GOVERNING BOARD MEMBER GOVERNING-BOARD`M£MBER NAME:JOHN ORTIZ AGE:44 NAME:JOHN BRISCOE AGE:57 OCCUPATION:Paraeducator Special Education OCCUPATION:Governing Board Member,Ocean View School District of Orange County Working in education for over 23 years,as a public safety officer and as a paraeducator with severely challenged students,has given me a unique (,,.Redacted by Court...} perspective within the educational system.Education is my passion and 1 Create Excellent Schools;.(_-Redacted by fart...) Eliminate Schools in believe that each chill can and should be lifelong learners_Our students violation of Federal Standards. lmprove music, language, shop, and should be given the essential tools with a variety of subjects that help them physical education classes. be successful not only today but in their future endeavors. Recover Lost Students; (___Redacted by Coral__) Implement behavior As a trustee my responsibility will be to help lead the district,with support to contracts,weeldy parent-teacher contact,improve site security_ the teachers and staff in providing the best education to our communty's (---Redacted by Court._.) children. Our students are the future and we must guarantee that each Pay raises based on profcten cy results_State minimum.teaching is not student receives a fundamental education that ensures their ability to enough' function in tfre 21st century as successful and productive adults_ (---acted by Court••-)Open a�transparent governance is the Law: (...Redacted by Court...) My vision and hope for the students in the Ocean View School District along Count with the community is that we not only continue to focus on Rearing and An ex On ' Writing but also emphasize early teaming in Technology and Mathematics M experienced business leader with Appropriate Education through two which will not only allow our students to excel but help facilitate a higher Masters Degrees(Mienced}" andSen level management with major t1_S_ education. corporations- Experienced Board...member protecting taxpayers and children. Count On Me_ Family man, Leader in Boyn Scouts, Church, School Site Council. Community involvement in Rotary, AYSO, PTA, Little League, and high school football. i work diligently to display"In God We Trust-" {...Redacted by Court_..) Great schools equal great propeiq values_ The best indicator of school performance is a waiting fist to eemlF_ I will install programs that bring bade families to our great schools_ Count On Me. {...Redacted by Court...) John Ocrestwave.org www.JohnBriscoe_com OCEAN VIEW SCHOOL DISTRICT GOVERNING BOARD MEMBER NAME:TRACY PELLMAN OCCUPATION:Governing Board Member,Ocean View School District Occupation:School Board Member/Registered Nurse Twenty years ago II was elected to the OVSD because of overwhelming support from community leaders and the parents of school children.As a governing board member 1 have repeatedly promised to be child oriented, fiscally responsible,and accountable to the community. 1 have faithfully kept my promise and increased revenues and exercised cost controls that have allowed us to be one of the only ones in the county to maintain -_ reduced class sizes in grads K-3 and a balanced budget every year,never needing to raise taxes,despite difficult economic times_ These twenty years have given me a great deal of experience.I witnessed both good and bad governance.I know what works and what does not. My husband. a pediatrician, and l have lived in the school district for thirty-six years_All five of our children have attended public schools.A good public school system enhances property values,promotes civic pride,and reduces crime. Once again,I pledge to: Remain child oriented Focus on fiscal responsibility,quality education,and safe schools. Place as much money as possible in the classroom. Remain accessible to the community_ Thank you for your support.Peliman4schoolboardCearthfink.net g zP, TREASURER-TAX COLLECTOR TREASURER TAX COLLECTOR NAME:KE]7H RODENHUIS NME:SHARI L FREIDENRICH OCCUPATION: Deputy Treasurer,County of Orange OCCUPATION:City'Treasurer/CPA Thank you Orange County voters for wing me a first place victory in the Orange County's taxpayers need and deserve a Treasurer with integrity and June Primary. a proven record.of protecting public funds after Orange County investment As Orange County Deputy Treasurer I streamlined services with innovative losses to 2008 and 1994. solutions and Strict Adherence to Conservative Fiscal Principles. I am proud to be the only candidate for Treasurer endorsed by the Howard As Treasurer I will use technology to further reduce the size and scope of Jams Taxpayers Association and Orange County Taxpayers Association government.I was responsible for my Department receiving a National and the only licensed Certified Public Accountant Achievement Award for our success in modernizing government. As the only Elected Treasurer, I've a record of integrity and fiscal Candidates should be judged by Results:My achievements include: conservatism.I've invested taxpayer funds prudently,reduced expenses by 15%,streamlined services for citizens and added investment transparency. Saving You Money:Voluntarily curt Department overhead in 2007(22%), 1 have 28 years of financial management experience at two Fc"tune 500 2008(60%)and 2009 MM).I will demand accountability in government to companies,at Huntington Beach as Treasurer,and have an Accounting ensure your tax dollars are not wasted.. Degree.Making government fun more Ike.a business is something I've Safe .Investing: Only Treasurer's Office in California to be Awarded accomplished and will do as Orange County Treasurer. Standard&Poof s highest rating for Safety. Public Treasurers from across the United States elected me Vice-President Protecting Education:Prudently pursued investments with local Schools to of their National Association because of my professional record and help them weather the financial crisis. integrity. As Orange County Treasurer, fill bring professionalism_ to the office,protect public funds and hob government accountabie. 1 have a perfect record with my Securities&Exchange Commission issued licenses,am an Attorney at Law and Business Financial Planner. Orange Countys most respected fiscal leaders endorse me, including former Treasurer, Supervisor John Moorlach, US Representatives Ed Safeguarding your tax dollars and serving with integrity will always be my Royce and John Campbell and Assemblyman Jim Silva. Visit top priorities.It has been an honor serving you in County government,and 1 www.ShariFrerclunrich.com for all my quatifrcations and extensive would appreciate your vote_ bi-partisan endorsements. I'd be honored to receive your vote. Vote for on the job Experience_Vote for Integrity.Vote for Keith. 71`d-615-6802' www.Vole4Keith.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME:BILL RORICK AGE:53 NAME:SHAWN ROSELIUS AGE:18 OCCUPATION:Business Executive/Engineer OCCUPATION:Student Your conservative choice for: My name is Shawn Roselius and I'm a fresh face for Huntington Beach's Low Taxes and Fees future_ Small Government I am a fiscal conservative who believes that open space and park Fiscal Responsibility preservation are essential to our city.I oppose the Poseidon project as it is and a Business Friendly Environment an energy consuming, expensive blight on our beach when more A long-time member of: eco-friendly options exist. The Howard Jarvis Taxpayers Association As a member of City Council I will: The Heritage Foundation Keep our natural areas safe from over development.Work aggressively to soh With city revenues dropping it is important to have a conservative voice one our growing debt. the city council who can be relied on to hold the fine on new taxes and fees, Promote greener solutions to residential energy consumption. and ffmiit or reduce burdensome business regulations and unfunded Help our residents stay in their homes and keep neighborhoods safe.Fight liabilities. projects that add undo density to our community. I am a long-lime resident ht Huntington Beach.I grew up in this area,and I have worked for CoIllette's Children's Home,a transitional housing shelter a"with my wife of 24 years,raised our two children in this beautiful city.I that helps atrisk youth and abused women get back on their feet. I am a believe in low taxes and a business friendly environment to keep our volunteer in the Big Brothers Big Sisters program of Orange County and economy strong in order to provide solid employment opportunities for our spend time.giving back to my community by helping out at food banks and citizens. I received my Engineering degree from Cal Poly in San Luis Obispo, and my MBA from Pepperdine in Malibu. This educational soup kitchens. background and my successful business experience combine to provide As the youngest candidate to ever run for Huntington Beach City Council,I me with the skills required to analyze large projects and budgets to ensure have no ties to special interests_I want to continue to give back to the city I that your hand earned tax dollars are never wasted. grew up in and that has given so much to me. would be honored to receive your vote. For additional information please visit my website at: www.RoricldsRight4HB.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: JOE CARCHIO NAME:NORM WESTWELL AGE:51 OCCUPATION:Huntington Beach City Council Member OCCUPATION:School Boardmember/Businessowner Dear Huntington Beach Voters: I'm a 35 year resident, married 21 years, blessed with a son 19 and Experience Counts!Four years ago you trusted me with your vote.I've daughter 16. 1 share family ownership in a 30 year old Huntington Beach worked hard to represent you during difficult times.It would be an honor it sportswear manufacturing business. I'm fiscally conservative, socially you allow me the opportunity to finish the job I started. tolerant,and have been politically active for a decade. We've cut the Budget two times this year. There are more tough 1 understand that business drives the economic engine for Huntington decisions to come.Experience counts when you need to protect a City of Beach and we need more leaders who can contain our government to its 200,000 people and you have less money than the previous year. most efficient and effective size.A greener,less expensive government. Experience counts when you have to develop plans on how to nm a City Currently I'm serving a second term as Trustee for the Ocean View School this size with fewer and fewer people,cut back critical services and still District and in 2009,served as Board President.Grading our district during have the residents go to sleep at night feeling secure that there is a Plan in tough economic times has provided me the insight and experience to make place to deal with this current crisis.I've helped create that Plan! tough economic decisions while meeting our paramount responsibility - providing an exceptional educational program for the children of our I have owned and operated two restaurants in Huntington Beach-been community. an active High School Baseball and Football Coach.I've made the payroll, My governance efforts helped our school district overcome$13 million in paid the Bills and understand that the money to run government comes from you and me. revenue cuts over the last two years.Our city government needs these very same leadership skills. Please help me finish the job I started.You have four voles ... I am As your new representative at City Hall,I will put my successful experience asking for one. as a business owner,School Board Trustee,and active community member Joe Carchio to work on behaff of all citizens to collectively guide our precious city Huntington Beach City Council Member towards jobs,wealth and prosperity. www-Norm Westwell4HBCC.com CITY OF HUNTINGTON BEACH CiTY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME:BILLY O'CONNELL NAME:JIM KATAPODIS AGE:54 OCCUPATION:.Businessowner/Non-Profit Director OCCUPATION:Sergeant,LAPD As you consider your choice for 4 new Council Members,it will be important Once elected,my goal would be to preserve the quality of fife we enjoy in to select those who have a plan for our city's future. Huntington Beach.I realize more than ever that good govemment requires My Ideas are clear: the participation of honest,informed and involved citizens. We can no longer afford bloated bureaucracies or wasteful spending_I will I am.a strong advocate of managed growth and responsible goverment. make sure your tax dollars are working for you.With Billy O'Connell on the My top priority is to ensure that police and fire departments keep our city Huntington Beach City Council you will have a strong voice for the taxpayer safe. delivering: A seasoned police supervisor with 32 years experience, 1 was formally Clear Budget Priorities—Our main mission is to keep our public safe and Sergeant-at-Arms at the Los Angeles City Council,where I observed both our infrastructure sound. As your City Council Member,our budget wltl good and bad government.I have held many leadership roles throughout reflect this common sense approach.As a current Huntington Beach Public the years,have overseen miliom-dollar budgets,and dealt with complex Works Commissioner,I know the challenges we face and the solutions we Legal issues. I served as. second vice-president of the Goldenwest need to deliver. Westminster Association and am on the board of directors of the Westminster Community Theater. Pension Reform—Public Employee Union pensions are out of control.The Surf City is a great place to live,but it will only stay that way it we establish public employee unions should Have benefits equal to the taxpayers who and enforce sound policies. As a fiscal conservative, I wilt work for a get stu&with the bill- cost-conscious,transparent government. Keep City Goverment Scalable—1 believe the private sector can deliver What we do in this city must be well planned and affordable.We must guard many of the services the city provides more efficiently and at a lower cost.I against growing too fast and authorizing excessive high-density housing7 will keep our govemment overhead lower and help create private sector jobs by contracting with firms that want to provide top quality services at the Principled, experienced, knowledgeable, dependable, committed and best rate. responsive,i could serve effectively. Please visit wwwbllyforcouncil.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: DAN KAL.MICK AGE:28 NAME:HEATHER GROW AGE:37 OCCUPATION:Small Business Owner OCCUPATION:Educator We must make City Hall wok for the residents.Too many times over the I'm running for City Council because I love my community, its culture, past years have we had to go down to City Hall and plead for the City beaches,and residents_I have lived in Huntington Beach for over 30 years. Council to vote with the residents and not with developers. I am a graduate of Marina High,UC Davis and McGeorge School of Law.My As a member of the Downtown linage Committee and HBDRA,I fought and love for people has led me to work for a local nonprofit organization,helping rallied with residents to help save Triangle Park and the Downtown Library. children who have special needs.I've spent thousands of hours serving my We prevailed in this instance,but we must change the direction of the City community and church. Council in order to save the city from radical over development. As your City Council Member, I will represent you. I refuse to be a"yes have worked as a consultant to a myriad of industries and worked in the person"to special-interest groups.I will work tirelessly to empower our city's public sector as a volunteer reserve firefighter with Orange County Fire youth,families,seniors,and taxpayers. Authority. My degree in Electrical and Computer Engineering from UC I have the courage to stand up and fight for what is right and the wisdom to Berkeley will help me to analyze,discern and find solutions to the complex sit down and listen. Huntington Beach residents need to knowwisdom their issues that face the City Council and not only i ut trip Powsion nt concerns are being heard, their issues addressed, and interests are presentation from staff o a consultant as my only input or persuasion on issue- protected.I will listen and respond to you. On with a new council of young fresh minds can we be I am an energetic,no-nonsense,can-do person who will make a difference. N y g good stewards for our City to protect the beach and our parks,continue strengthening of our i will serve with honesty,integrity,commitment and respect. infrastructure and work to augment public safety. Vote for Heather Grow for City Council. For more information go to www.dankalmick.com heathergrow.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CRY COUNCIL NAME:BRUCE JOEL BRANDT AGE:63 NAME:CONNIE BOARDMAN AGE:52 OCCUPATION:Aerospace Executive OCCUPATION:College Biology Professor The City needs educated Council Members to make proper decisions.I I served the community of Huntington Beach on the City Council from hold a Bachelors Degree in engineering from the University of Wisconsin 2000-2o04, and as Mayor in 2003. 1 am running again because our and a Masters Degree in Business Administration from California State residents need leaders who listen. This council approved a 3,000-seat University,Long Beach.I am a licensed,registered professional engineer in basketball arena in.a quiet Southeast neighborhood despite resident the state of Catffomia(License#M18859).My career spans 40 years in opposition,and a massive development plan for downtown neighborhoods technical and program management on large multimillion dollar the communty opposed. government programs. 1 was accountable for performance, cost and The council recently changed a land use designation,which had been in schedule. Honesty and.integrity is first and foremost as an executive place for 29 years at Botsa Chica from open spacelparidand to residential, holding top secret clearances. I am experienced in small business, as despite opposition from more than 700 residents.its time for our leaders to owner/broker of my real estate company for 25 years.)will approach all city be responsive to the community again instead of outside special interests. items in a fad finding way. Government should be small and limited. City government's role is to We need experienced leadership in these tough fiscal times.As Mayor in I provide for public safety and necessary city services,white always striving led in malting tough budget struct re,while protecting core public services to improve our citizens' quality of life. The budget is the number one public safety,libraries,infrastructure,parks and senior services. challenge for our city council today.We must promote tourism and smart During.our prior budget crisis.I encouraged public participation by asking residential and commercial growth as income sources,while reducing city residents to suggest budget its.As a council member 1 treated everyone intemal expenses to achieve a balanced budget.Throughout this budgeting with respect,listened to all viewpoints,and I wig again. process,it is paramount not to impact necessary public services and quality If you support me,please support Team Huntington Beach-Please visit the of fife in Huntington Beach. Team Huntington Beads website for more information. (714)313-3939 www.teamhuntirgtonbeach.corn-www.connieboardman.corn www.brarKfthbcitycounci[2010.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME:JOHN VON HOLLE AGE:62 NAME:BLAIR FARLEY AGE:38 OCCUPATION: Retired Municipal Employee OCCUPATION: information Technology Director My name is John Von Holle.I am running for the Office of City Council.I am I am dedicated to Huntington Beach and representing the people who We a sixty-two year old retired public servant of 36 year working in the City's here.I currently serve as Chairman of the Planning Commission.During my Department of Public Works.I know the City of Huntington Beach,having four years on the Commission,business owners and neighborhood activists walked over virtually every square foot of it,as I oversaw projects for the have thanked me for my fairness as I've strived to balance the interests of maintenance and upkeep to our water,storm drain,and sewer systems_I our business community and our neighborhoods.I worked for twelve years personalty designed and drafted many of the upgrades that were used in at First Christian Church as a Youth Pastor and Communications Director.I our water system today. 1 have drafted City Ordinances, Polices and attended Dwyer and HBHS. I have served on various other City boards, Procedures, and 1 invite you to learn more about my education and including the 4th of July Board-My wife and I are raising our daughter here,I qualifications,and of my 18 year involvement in city politics,by visiting my am deeply involved in the fife of our community. webpage:www.johnvonholle.com As a Council Member I pledge to: I am a Life Scout and an ex-Scout Master and a Vietnam War Veteran.I Protect services to seniors and children hold to my Scout's Tenets and belief in the goodness of man. I seek a Make the tough decisions needed to balance the budget moderate civic office because,like my Jove of county,I have great affection infrastructure for the city that has been my home for the past twelve years,and place of Work with Police and Fire Fully fund our roads and inf fr r keep our city safe occupation far thirty six,until my retirement in 2009- Use technology to make city government more efficient and transparent Protect open space,parks&beaches which are our greatest asset Most importantly f will neverforget that I workfor you!I will be your advocate in every decision 1 make. Vote Blair Farley on November 2. www.blairfadoy.com www.teamhuntingtonbeach.com 714-612-2243 CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: FRED SPEAKER NAME:JOE SHAW AGE:50 OCCUPATION: Businessowrier/Planning Commissioner OCCUPATION:Small Business Owner Dear Friends and Neighbors, 1 am running because our neighborhoods,residents and local businesses Taxpayer First and Pro-Business with Common Sense—that's what I'm. should have a greater voice at city hall.We need experienced leaders who about. will put our residents and businesses first. For 40 years,I've lived and worked in this community.I've been involved by Experience courts in this election.My experience as a business leader, serving as Planning Commissioner for over 10 years,as Vice-Chairman of planning commissioner, pubic works commissioner and community the Finance Committee and on the Water Task Force Board in the'90s volunteer,make me the best choice for City Council. which started a pay-as-you-go program — saving taxpayers over I will work to stabilize the budget,solve budget issues creatively,stand up ,00$200,000.1 have always believed in a balanced city budget. I for small business and promote sustainabtity of city resources.,Our city's I've served on the Board of Directors of the Chamber of Commerce for nine energy savings and sustainability programs are a major part of budget years,and owned my own small business for over 20 years in this fine city.I solutions.I will work to fully fund infrastructure repairs to roads,sewers and know what it is to live within a budget. We must balance the city budget using a Common Sense approach!We In these tough times,its critical that we protect our most vulnerable citizens. cannot afford frills in these hard tunes.Managing our limited resources I will work to avoid cuts to Senor Center programs and continue our senior while always considering the effect on taxpayers is vital! lunch and Meals on Wheels programs.. Obviously,Public Safety must be our first priority.And we must take care of Our wide beaches,beautiful parks and wetlands are the best things about our seniors,our children,and our men and women in uniform who serve and Huntington Beach.Clean air,water and abundant open space create a protect us every day. quality of Ire that naturally spurs economic development. Please give me your vote for Huntington Beach City Council. Together,we can build a better Huntington Beach.Vote for Joe Shaw and add an experienced voice for our city's residents and businesses to the City Fred Speaker Council www.FredSpeaker4HBCounal.com wvvw.joeshawforhb.com,www.teamhuntingtonbeach.com CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL NAME: ERIK PETERSON AGE:42 NAME:13ARBARA DELGLEIZE OCCUPATION: Business Owner OCCUPATION: Businessowner/Planning Commissioner As a long time resident of Huntington Beach,issues in our city are very In November,Huntington Beach will elect 4 new councilmembers.Given important to me.After serving my country in the Marine Corps,I ve spent 15 the economic challenges,it's more important than ever to elect individuals years applying my leadership skills in executive management.I currently with the leadership skills to secure a bright future for Huntington Beach. own a technology business here in Huntington Beach.. I respectfully ask you choose Barbara Delgleize.My focus will be: With our city's financial future being at a crucial turning point,this upcoming Fixing City Hall city council election is more important than ever.Electing competent and responsible council members is vital. 1 am running to bring back fiscal City Hall works for us — not the other way around. We cannot keep responsibility to our city.As a sitting member of the city's Finance Board,I shortchanging our residents.I will make sure tough questions get asked and see firsthand that our city is on an unsustainable path.Along with repairing City Hall is streamlined. City services should be priority, not our aging infrastructure,we need to keep and maintain our open spaces. extravagant municipal employee union benefits.I will deliver true pension Promoting new and existing local business is essential to increasing the reform for the taxpayers of Huntington Beach. city's revenues. Fixing Our Streets 1 care about our city and its future. Ityou believe that there is room for I will deliver what we need most—a city free.of broken sidewalks and improvement in the way our local has been running our city and crumbling streets.Our tax dollars must be reinvested in our community.We spending our tax dollars,then youu and nd I are re on the same page_I believe need new sidewalks,restored streets and roads and revitalized community actions speak louder than words, and I'm dedicated to making the necessary changes to continually improve Huntington Beach. amenities that we rely on daily. www.ErikPeterson4HBCC.com Starting Strong My experience will be an asset for our community.As a Huntington Beach Planning Commissioner,I have already cast votes for vital projects in our community.As the Chair of the Huntington Beach Chamber of Commerce I advocated for businesses in Huntington Beach to promote job growth and economic security.I am ready to work for you day one. www.Barbara2OlO.com CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL NAME:MATTHEW HARPER OCCUPATION:Governing Board Member,Huntington Beach Union High School District I grew up in our community and graduated from our local schools,including Stacey Intermediate and Huntington Beach High School.Twelve years ago, you elected me to the HBUHSD Board of Trustees and I have worked to honor your trust in me. As HBUHSD Trustee, I fought to end the districts previars racial quota policy that denied the school transfer requests of some students exclusively on the basis of their race or ethnicity. My commitment is responsible: conservative management of our city government.I will continue to oppose tax increases. With your vote, 1 will work to promote economic development, demand administrative and fiscal accountability, maintain public safety and Infrastructure,protect private property rights;and defend personal f reedom. My professional experience and education in Public Policy and Management from the University of Southern California prepares me to serve our city just as it prepared me for our school board. Respected and endorsed by our local leaders,including: Congressman Dana Rchrabacher Assemblyman Jim Silva Maya Green,Councilman Hansen,Councilman Dwyer HBUHSD Trustees Garland,Henry,and Simons District Attorney Tony Rackauckas Please mark your sample ballot or vote-by-mail ballot now and vote to elect HBUHSD Trustee Matthew Harper to Huntington Beach City Council. www.VoteMatthewHarper.com i' Iwo- aWIN CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH CRY ATTORNEY CiTY ATTORNEY NAME:JENNIFER MCGRATH NAME:T.GABE HOUSTON AGE:37 OCCUPATION: Huntington Beach City Attoreey OCCUPATION:Attomey/Finance Boardmember 1 grew up in Huntington Beach and understand the needs of our community. I am fortunate to have grown up in Huntington Beach and to have lived. As a mother of two,it is critical to me that our city be safe,cherished and been educated and employed in other large cities throughout the U.S.and protected. Europe.I understand the diverse needs of our community and the need for I have been blessed to serve this community since 2002. As.your City leadership with integrity. Attorney,my role is to advise the City Council and staff on all legal matters The City Attorney advises City Council and staff on legal issues. The regardless of personal opinion a partisanship.1 protect taxpayer money, position is also responsible for protecting taxpayer money by avoiding reducing the need for taxes and fees by avoiding lawsuits whenever frivolous lawsuits and sucoessfutly defending the city against litigation. possible and aggressively defending all lawsuits against the City.Your tax dollars should not be wasted on frivolous lawsuits,but dedicated to public the an attorney,a business owner and financial professional 1 understand safety,infrastructure.and community services. the importance of tiny safety and asset protection while maintaining a budget.As a Finance Board member I help recommend strategies to City 1 have a proven record of superior legal representation of the City with Council to preserve our financial resources.Our tax dollars should be saved reduced reriance on outside counsel. Most notably, my achievements or spent appropriately on infrastructure, community services and public include establishing a philosophy and reputation of aggressive defense of safety rather than unnecessary litigation. litigation by in-house staff; providing immediate advice to all City Huntington Beach deserves quality legal representation.Our city recently Departments including Public Works, Police, and Fire;and training City lost tens of millions of tax dollars in failed lawsuits.The citizens deserve and staff on a wide variety of topics on an annual basis to help them do things expect financial responsibility and sound legal decision-making.it is time to the right way the first time_ make a change and elect leadership to be proud of. 0 re-elected,I will continue to reduce the City's exposure to costly litigation As City Attorney I will reduce our cWs exposure to costly litigation and wig through training and quality legal advice, uphold the,integrity of the position through responsible leadership. www.GabeHoustonforCRyAttorney.com - MF ORANGE COUNTY WATER DISTRICT ORANGE COUNTY WATER DISTRICT DIRECTOR,DIVISION 6,SHORT TERM DIRECTOR,DIVISION 6,SHORT TERM NAME:CATHY GREEN NAME:RONERT R.MCVICKER OCCUPATION:Mayor of Huntington Beaw ,.` OCCUPATION:Water Resources Manager Water is precious,but does not need to be expensive. The Orange County Water District(OCWD) is Orange County's ground My pledge:I will provide you with abundant,clean,fresh water at the water management agency.OCWD was formed 77 years ago to protect and lowest possible rate.Expensive benefit costs,high salaries and operating enhance the groundwater that the community depends on for two thirds of costs shall be controlled. our water needs.Strong leadership and technical expertise are needed on the OCWD Board to continue providing us reliable,high quaW water.My I was twice elected to the Huntington Beach City Council, and am background and experience demonstrate that l can provide that leadership currently serving my second term as Mayor.My public service commitment and expertise. has always been low taxes, public safety and improved infrastructure. Throughout my 26 year career as a water resource professional 1 have Those commitments will continue as your Water District representative. focused an helping water agencies expand and enhance ttaeir use of Experience matters:I've served on many regional water related Boards, groundwater.My water management experience includes roles in both the including Orange County Sanitation District, Orange County Harbors, private and public sectors. Beaches and Parks Commission, West Orange County Water Board, I have represented water districts in complex negotiations with regional and Groundwater Replenishment Committee,Santa Ana-River Flood Protection Agency,and Huntington Beach Citywide Water Quality Subcommittee. state agencies have developed innovative water supply plans to provide safe,plentiful and affordable water to area residents.)am recognized by my I believe a diverse water portfolio includes conservation,water recycling, peers as an expert in the operation of the Orange County groundwater new water sources and improved storage,.guaranteeing an affordable basin. supply in times of crisis. With your support, 1 will use my experience and expertise to ensure a I am a Registered Nurse with a degree in Law.1 have the knowledge, continuous affordable and safe groundwater supply for Orange County.1 experience and dedication to solve your critical water needs. invite you to contact me anytime at h2oengr53Q vedzon.nef or My husband Peter and I are 40 year residents of Huntington Beach.We 714-904-3819. raised our children here. I respectfully ask for your vote. Most community,business and professional leaders say go with Cathy Green_ I would be honored by your vote.Thank you. www.Cathygreen4water.com ORANGE COUNTY WATER DISTRICT DIRECTOR,DIVISION 6,SHORT TERM NAME: DON MACALLISTER OCCUPATION: Businessman Water is our life:If we fail to develop new sources of water and actively preserve the water we have,our way of life will change drastically.My goals are to bring you and your family qualify water at the lowest cost possible. My experience well prepares me to and be accountable.As the owner of a local business and a former Mayor of Huntington Beach,I know how to get the job done. Additionally,I have served in such volunteer activities as the Huntington Beach Council on Aging,{Qwanis,Boys&Girls Club,HB Union High School Board of Trustees&Boy Scouts of America. My service in the local business community and as a leader in our local organizations gives me the ability to understand the OC Water District's business requirements to achieve our goals. We need a fresh business approach from someone who combines business and community experiences and has the time and desire to serve you.I am that person. Vote for Don MacAllister to represent you on the OCWD Water Board. IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE N This measure would revise and restate the Huntington Beach City Charter,which operates as a'constitution*for the City and gives it certain powers under California law. If approved by a majority of those voting on it,the new Charter will become effective on the date accepted and filed by the California Secretary of State.If not approved by a majority,the existing Charter will remain in effect The proposed changes are: The City's form of government is changed from Council-Administrator to Council-Manager,the title of the chief administrative officer of the City is changed from City Administrator to City Manager.Currently,the City Administrator appoints or removes all non-elected department heads after review and approval by the City Council.The proposed Charter gives the City Manager authority to appoint or remove all department heads except elected officials and the Police Chief without City Council approval. Most other powers and duties of the position remain the same. The current Charter requires voterapproval for certain projects in city parks or beaches,including the construction of structures costing more than$100,000. The proposed Charter raises the cost threshold for such structures to$161,000,and adds an annual Consumer Price Index adjustment to the cost threshold. Under the proposed Charter,no voter approval would be required for certain public works utility structures,certain projects mandated by state or federal law, or certain renewable energy Projects.For all projects subject to voter approval,the proposed Charter requires that appropriate environmental analysis, conceptual cost estimate,and reasonable project description must be completed and widely disseminated to the public before a project is submitted to the voters. The proposed(garter will change numerous other operational aspects and policies of the City:the Preamble is amended to set forth the values,goals and purpose of the City government;new qualifications are added for the elected offices of City Clerk,City Treasurer,and City Attorney,the use of current technology to disseminate information and publish legal notices is required;elected department heads or their staff are prohibited from negotiating labor contracts on behaff of the City;new rules are added related to forfeiture of elected city offices,emergency ordinances,and submittal of the annual city budget to the City Council;threshold amounts for bidding on public works contracting would be set by ordinance,instead of by Charter the City's fiscal year would be established by resolution of the City Council,instead of by ordinance;all department heads are required to assist and cooperate.with the City Manager in administering the affairs of the City;and no less frequently than every ten years,the City Council is required to determine whether additional charterreview is required. The above statement is an impartial analysis of Measure N.A copy of the measure may be obtained from the City's website,the City Clerk's Office or the elections official's office at(714)536-5227_ ARGUMENT IN FAVOR OF MEASURE N The Huntington Beach City Charter deemed by many as our city's ''Constitution"is the foundation of our great city and its guiding principles. The Charter defines the responsibilities of our elected officials,establishes roles for our professional staff,and provides essential protections to our local rights and community assets.It is a living document meant to reflect the shared vision we have for our city and the best it represents. Last year, Huntington Beach commemorated our first centennial. In recognizing this historic milestone,we celebrated our unique history and paused to reflect on our future.As part of that reflection,the City Council authorized a commission to review our City Charter to ensure we were well prepared to meet the opportunities of the next 100 years. The City Council selected 15 community members to take up the task of. independently reviewing our Charter. The commission included former `elected officials, community activists and volunteers who were stepping forward for the first time. The commission, armed with a diversity of experience and thought,scrutinized and debated the Charter- section by section.After series of meetings lasting 9 months,they delivered a list of recommendations to the City Council unanimously supported by the group. The thoughtful recommendations presented for your support bring the City Charter current to our needs today.The necessary changes establish clear. lines of accountability for our management team, enhance our ability to deliver key information via new technologies, and update financial benchmarks relevant to our current economic realities. We respectfully ask for your YES vote on these essential amendments. s/Don Hansen,Councilmember,City of Huntington Beach s/Keith Bohr,Councilrnember,City of Huntington Beach s/Joe Carchio,Councilmember,City of Huntington Beach s/Devin Dwyer,Councilmember,City of Huntington Beach No argument against this measure was submitted. 8605 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE 0 This measure would revise and reorganize City Charter Section 617 entitled Infrastructure Fund."Tire substantive change to existing Section 617 provided by this measure is that upon adoption of the 2017/2018 budget;debt service,or any other indirect costs,shall not be included in the 15%calculation of the. general fund expenditures for infrastructure improvements,repair and maintenance. Pursuant to the measure,the term 'Infrastructure'is defined as long-rived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years.They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters, sidewalks,bridges,street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways, . and all public buildings and public ways. The measure requires that all revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002,for infrastructure purposes shall be placed in a separate fund entitled'Infrastructure Fund."Monies in said Fund shall be utilized only fordirect costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. Interest eamed on monies in the Infrastructure Fund shall accrue to that account. The measure provides that expenditures for infrastructure improvements and maintenance shall not be reduced below I V1.of general fund revenues based on a five-(5)year rolling average of general fund revenues.The average percentage of general fund.revenues utilized for infrastructure improvements and maintenance,for the five(5)year period of 1996 to 2001,is and was 14.950%.Upon adoption of the 2017/2at8 budget,debt service,or any other indirect costs,shall not be included in the 150k calculation of the general fund expenditures for infrastructure improvements,repair and maintenance.Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The measure provides that the City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and which shall report its findings to the City Council at a noticed public hearing prior to adoption of the following fiscal-year budget The above statement is an impartial analysis of Measure O.A copy of the measure may be obtained from the City's websits,the City Clerk's Office or the elections official's office at(714)SM-5227. ARGUMENT IN FAVOR OF MEASURE 0 REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE O In 2002,the voters of Huntington Beach sent a dear message—it was time Ballot box budgeting has failed California and it will fail Huntington,Beach. to get our budget priorities straight. Measure FF established an Making hard and fast rules that limit the ability of our city to fund infrastructure fund directing 15% of our general fund tax dollars be infrastructure projects will result in unforeseen and unknowable future reinvested in much needed infrastructure repairs and maintenance. economic hardship. One does not have to go far to see first hand the needs we face. Buckling Here is an example of the kind of unintended consequence that will result sidewalks,pot-holed roads,crumbling block waifs,and standing water are from this measure: present in most neighborhoods in Huntington Beach.In many cases,the conditions are borderline hazardous.Years of neglected maintenance and Governments finance infrastructure in two ways: pay-as-you-go and deferred replacement have taken a toll. The estimated cost of the total long-tern bond financing. Pay-as-you-go means the city would be limited to needed improvements city-wide exceeds$1.48 Billion dollars. cash on hand to pay for a project(in this case, 15%of the general fund). The infrastructure fund was intended to be the first step in solving this Long-term financing, on the other hand, allows the benefit of financial problem. Unfortunately,the fund has been warped by the city policy makers leveraging. entrusted to implement our direction.By using a loophole,the infrastructure For example,if beach-parking revenue generates$1 million per year,the fund has been raided inappropriately to balance the budget instead of pay-as-you-go approach would only allow the city to build$1 million in funding the critical repairs needed in our community. beach improvements.If the$1 million is used to finance developrrment(by Over the past 6 years, the tax dollars we directed to be programmed borrowing at 69%for 30 years),the city could build over$10 million worth of specifically for repairs and maintenance were diverted to pay bond holders beach improvements. Moreover,the benefit would be paid by future users on older projects.This'technical"maneuver shortchanges our community rather than just current taxpayers. over$6 million each year in vital projects.Over$55 million has been used Mother unintended consequence will be the closure of existing facilities to for debt service since 2002. offset debt that has already been incurred. Is existing infrastructure not That's$55 million less for new sidewalks, park maintenance, and safe worthy of taxpayer support? roads. There is no single finance model that is universally successful. Rather than Leaders in our community are working to close this loophole and reaffirm lock our city into one model,policymakers should be given the latitude to the direction we gave in 2002. Members of our City Council,Public Works assess conditions and proceed with the most suitable financing method. Commission, and Charter Review Commission have collaborated to We urge you to vote no. eliminate this technicality. Their effort has culminated in this amendment Jill Hardy,Mayor Pro Tern for your support. Your"YES"vote today will get our tax dollars back to work as we originally al Keith Bohr,Councilmember intended.Our community cannot afford to neglect these pressing needs s/Debbie Cook,Former Mayor any longer. s/Gil Coerper,Councilmember s/Don Hansen,Councilmember,City of Huntington Beach s/Joe Carchio,Councilmember,City of Huntington Beach s/Devin Dwyer,Councilmember,City of Huntington Beach 86061 ARGUMENT AGAINST MEASURE 0 REBUTTAL TO THE ARGUMENT AGAINST MEASURE 0 The intent of this amendment is to increase infrastructure funding.The irony It is surprising that opponents of Measure O would continue to twist the is it will dose existing facilities and fund short-lived repairs at the expense of original intent of the voters. They would have you believe this measure multi-generational infrastructure needs. would limit how we finance projects in Huntington Beach and ultimately Imagine you purchase a home expecting to deduct the interest on your result in painful service cuts. mortgage. Suddenly the rules charge and interest deductions are To put it simply—that is not true. eliminated. Your household budget gets squeezed along with that.roof Fact This measure ensures we will follow through on the commitment we repair you had contemplated financing with a second mortgage.You set made in 2002. aside money month after month and while you save, your lealdng roof damages the walls.By the time you have saved enough for the repair,.the The voters of Huntington Beach dearly directed that a baseline minimum cost and scope of repairs has skyrocketed. 15%of our tax dollars should fund infrastructure repairs and maintenance. Long lived and necessary infrastructure projects will be delayed if financing This is less than half the amount necessary to fund our needs.Neglecting this obligation will only continue to escalate the cost—a truth our opponents is limited to current revenues.The City dedicates an average 15%of the concede. General Fund to infrastructure. Longaived capital projects, in both the public and private sector,require financing.Financing allows cost sharing Fact Measure O does not limit the city's ability to finance projects. across the generations of residents who will use the facilities. If this Huntington Beach will continue to use a broad arrayoffiinancing alternatives measure passes,then only current tax payers will pay and future residents to fund its capital program. No eierem of this measure restricts the city's will enjoy the benefits at no cost ability to finance its future projects. Shod4ved projects,such as street slurrying,tree trimming,and pot4ide Fact Many solutions to the budget shortfall are being investigated. repairs are already made with'pay-as-you-go"monies where no debt is incurred. It is surprising the opponents believe the only solution to our budget shortfall If passed, $6,000.000 will have to be cut from the General Fund is the elimination-of services to our community. Huntington Beach must annually—which has already been slashed$31,000,000 in the past two streamline service delivery, reduce overhead and cut wasteful spending. The rest of America have made these tough choices—its time our local years. bureaucracy did the same.- Potential reductions submitted by staff to cover the $6,000,000 annual Fact This measure commences with the 2017t2018 budget. shortfall include closure of one fire station,elimination of senior services, closure of branch libraries,209%reduction in uniformed police patrol,further Measure O will activate in 2017. Deferred implementation will allow for reductions in park maintenance,closure of Edison and Murdy Community appropriate planning by our city leaders and economic recovery from these Centers,and closure of the art center--oliminating existing infrastructure to tough times. satisfy a new mandate. We continue to request your support- This measure is fatally flawed.Please vote no. s!Don Hansen s/Jill Hardy,Mayor Pro Tem,City of Huntington Beach Councilmember—City of Huntington Beach s/Keith Bohr,Councilmember,City of Huntington Beach s/Devin Dwyer s/Debbie Cook,Former Mayor,City of Huntington Beach Councilmember—City of Huntington Beach s/Gil Coerper,Councilmember,City of Huntington Beach s/Joe Carchio Councilmember—City of Huntington Beach s/Shirley Dettloff Past Mayor—City of Huntington Beach s/Dave Sullivan Past Mayor—City of Huntington Beach 86062 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE P Ballot Measure P proposes adoption of an ordnance to replace and update the existing telephone and video user tax sections of the City's utility user tax ordinance.The proposed ordnance would reduce the telephone and video user tax rate from 50%to 4.9%and apply the tax more broadly to telephone and video services,regardless of the technology used or method of billing and/or collection of the tax.The tax dollars are used exclusively within the City for general governmental purposes.The methodology whereby users are taxed cannot be expanded without a vote of the people. The proposed ordinance has no effect on the existing utility user tax applied to electrical,gas and water services. The existing ordinance was written in 1970 and updated in 1988 and 2003.The current tax rate is 5%. The ordinance has become outdated due to.rapid advances in technology,as well as new legislation and federal and state court decisions that limit the application of the tax. Currently,the City does.not tax many communication services and devices that have recently come into existence,such as voice-over-intemet protocol. In addition,recent federal court decisions have cast doubt on whether the current ordnance can be imposed on long distance,cellular and bundled telephone services. Should(the City be sued,or if adverse decisions are reached that are binding on the City,the revenue collected from the current ordnance would be reduced substantially. The 2009-2010 revenue from the cable and video tax is projected to be approximately$8,725,000($6,650,000 telephone and$2,075.000 video). This total is less than the previous year tax total of$9,292,158 because there are less telephone and video services that the City is able to tax.Adoption of the proposed ordnance would protect the City from adverse litigation as well as capture telephone and video services that are being eroded from the City tax base because of changing technology. Ayes vote is in favor of adopting the.updated communications tax ordinance summarized above. A`re vote is against adopting the ordnance. A majority of'yes"votes is required for the ordinance to be enacted. The above statement is an impartial analysis of Ordinance 3883,Measure P.if you desire a copy of the ordinance and/or measure,please call the elections official's(Cdy.Clerk)office at 714-536-5404 and a copy will be mailed to you. In addition,you may obtain a copy of the measure and/or ordinance at the City website www.hunfingtonbeachca.gov. JENNIFER MCGRATH City Attorney ARGUMENT IN FAVOR OF MEASURE P Yes on P protects Huntington Beach's public safety and other essential municipal services from state money grabs—while decreasing the tax rates. Since 1980.our residents have paid a Utility User's Tax(UUT)on electricity, gas, water, cable television, and telephone. Like many other California cities,Huntington Beach uses this funding to provide essential city services such as public safety,9-1-1 services and senior programs. Yes on P simply updates Huntington Beach's existing UUT to fully comply with new federal regulations and include modem communication technologies, ensuring all residents are treated equally regardless of technology used. This is NOT a new tax. In fact,this tax will be slightly reduced. Yes on P guarantees that tax rates can't be increased without voter approval. Exemptions for low-income residents are protected. Huntington Beach's existing UUT provides$6 million in funding per year to maintain police patrol of our streets and neighborhoods, support after-school programs,fund youth anti-gang and anti-drug programs,and pay for services that last year prevented 3,900 tons of debris from polluting our beaches and coastal waters. Yes on P protects local revenue insuring that it can't be taken by Sacramento,it also avoids lawsuits that other cities have faced. YES ON P IS FISCALLY ACCOUNTABLE and requires annual financial audits to ensure all funds are propedy spent The public will continue to review all city budget expenditures. Sacramento politicians have taken nearly$11 Million of Huntington Beach's money,in the past year,to balance their budget. By legally requiring all funds to continue to be spent locally, Measure P gives our residents continued control over how ourmoney is spent for vital city services:police, fire,9-1-1,parks and recreation,storm drain maintenance,and repairing lord streets and roads. Please Vote YES on P! Signed, s/Cathy Green Mayor s/Jill Hardy Mayor Pro Tern s/Keith Bohr Councilmember/Fortner Mayor sf Ken Small Police Chief s/Don MacAllister Chairman,Huntington Beach Council on Aging No argument against this measure was submitted. 8607 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE Section 612(b)of the Huntington Beach City Charter provides that no structure costing more than$100,00o for construction maybe built in any City park or beach without voter approval. This Measure asks the voters whether the City should permit the construction of a mobile telephone antenna at Harbour View Park located at 166M Saybrook lane and at Boise Yew Park located at 5741 Brighton Drive. The antenna at Harbour View is approximately 55 feet tall and designed to resemble a palm tree. The antenna at Boise View is approximately 57 feet tall and designed to resemble a broadleaf tree. In September 2007,the City approved zoning permits for both antennas. In January 2009,the City Council approved 10-year license agreements with T-Mobile,a mobile telephone company,to locate mobile telephone antennas at Harbour View Park and Boise View Park When the City foamed in April 2009 that the cost of construction exceeded$100,000,the City suspended the zoning permits and required that T-Mobile obtain voter approval. In response,T-Mobile sued the City,and in a July 9,2010 preliminary ruling,the Federal District Court determined that voterapproval requirement violated the Federal Telecommunications Act to the extent that it impedes the City from acting on antenna applications"within a reasonable period of time." At the same time,the Court allowed the City to conduct an advisory"election on antennas. The Court then gave the City Council until September7,2010 to either grantor deny the antenna permits. If the City Council denies the antennas,the Court may overrule the Council at a hearing prior to trial,or may conduct a trial beginning on November 9,2010,after the November2,2010 election,to review the Council's decision. In response to the Courts ruling,the City Council decided to reconsider the antenna permits on August 30,2010,and submit to the voters the question of whether the antennas should be permitted in the two Parks. Because of the lawsuit,the impact of this Measure cannot be definitively stated. If the lawsuit proceeds to hied in November2010,the election will inform the City Council and the Court whether the voters approve of constructing antennas at the two Parks. Further,the City Attorney disagrees with the conclusion of the Federal Court that Section 612 violates the Federal Telecommunications Act By conducting an election now,the results will be available to be considered by the Ninth Circuit should the City appeal the District Court's ruling. s/JENNIFER MCGRATH City Attorney ARGUMENT AGAINST MEASURE 0 RESTRICT CELLULAR TOWER CONSTRUCTION FROM RESIDENTIAL LOCATIONS AND ELEMENTARY AND MIDDLE SCHOOLS The jury is still out on the long-term effects of RF transmissions on children and adolescents. One of the proposed locations is 20 feet from the kindergarten playground and classes of Harbour Yew School;the other is in the middle of a residential neighborhood.Access to cellular service is not at issue here—caution is. Our city has countless retail developments, parking lots,and utility locations where cellular towers could be constructed away from schools and homes and still provide needed wireless coverage and competition. Let's be safe. Let's be smart.Don't allow cell towers in Huntington Beach next to classrooms or outside your front door. NOT WORTH THE RISK TO CHILDREN OR ADULTS There continues to be considerable debate as to the adequacy of existing public exposure standards including those promulgated by the Federal Communications Commission.This technology is too new to know if the long-term and compounded exposure will have any effect on children. Moving the location of cellular facilities away from schools and residential areas will ensure individuals, especially children, are protected from the potential health effects associated with exposures to extremely low frequency electromagnetic and radiofrequency radiation. A"NO"VOTE ON MEASURE 0 MEANS NO CELL TOWERS IN OUR SCHOOLS AND PARKS s/Alan G.Rasmussen,Ed.D. Superintendent,Ocean View School District s/Cindy Osterhout Principal,Harbour View Elementary School s/Dr.Harry Pellman Pediatrician,Edinger Medical Group No argument in favor of this measure was submitted. 8608 VOTER BILL OF RIGHTS 1. You have the right to cast a ballot if 6. You have the right to receive you are a valid registered voter. assistance in casting your ballot, if you are unable to vote Without assistance. A valid registered voter means a United States citizen who is a resident in this state, who is at least 7. You have the right to return a 18 years of age and not in prison or on parole for completed vote-by-mail ballot to any conviction of a felony, and who is registered to vote precinct in the county. at his or her current residence address. 8. You have the right to election materials 2. You have the right to cast a provisional in another language, if there are ballot if your name is not listed on the sufficient residents in your precinct to voting rolls. warrant production. 3. You have the right to cast a ballot if you 9. You have the right to ask questions are present and in line at the polling about election procedures and observe place prior to the close of the polls. the elections process. 4. You have the right to cast a secret You have the right to ask questions of the precinct ballot free from intimidation. board and election officials regarding election procedures and to receive an answer or be directed 5. You have the right to receive a new to the appropriate official for an answer. However, baillot if, prior to casting your ballot, if persistent questioning disrupts the execution of you believe you made a mistake. their duties, the board or election officials may discontinue responding to questions. If at any time before you.finally cast your ballot, you feel you have made a mistake, you have the right to 10. You have the right to report any illegal exchange the spoiled ballot for a new ballot or fraudulent activity to a local Vote-by-mail voters may also request and receive a elections official or to the Secretary new ballot if they return their spoiled ballot to an of State's Office. elections official prior to the closing of the polls on Election Day. If you believe you have been denied any of these rights, or if you are aware of any election fraud or misconduct, please call the Secretary of State's confidential toll-free VOTER PROTECTION HOTLINE AT 1-800-345-VOTE (8683). 0 C V 0E. ORANGE COUNTY REGISTRAR OF VOTERS 1 1300 South Grand Avenue I Building C I Santa Ana,CA 92705 1 714.567.7600 Proof of Publications of Notice of Election NON NOTICE OF ELECTION Huntington Beach Independent has been adjudged a newspaper of gear circulation in Huntington Beach and Orange County by Decree of the Super NOTICE IS REBY GIVEN that a General Municipat Election will be held in the City off Court of Orange County,State of California,under date-of Aug.24, 1994,c Huntington Beach on Tuesday,November2,2010,for.the following Officers and Measures:_ A50479. For four(4)Members ofthe City Council (Full term of four yews) ` For a(1)'City Attorney (Full term of four years) PROOFOF "Shall proposed Charter Amendment No.1 revising and,restating PUBLICATION J[,(re � me Charter oftlse City of Huntington Beach(excluding changes Yes i to Section 617.entitled Infiastrudwre Fund)asset forth•in the , proposed measure tie approved3" r Igo STATE OF CALIFORNIA ) �htASu�¢ "$hauproposeaChaiterAmerrdmentNo:2 amending Section Yes 617 of fhe Charter of the City of uird gton Beach entitled SS. Infrastructure Fund,.as set forth in,-,the proposed measure be , COUNTY OF ORANGE ) aPl?roved� 'No I am the Citizen of the United States and aonlieachli[)TMadernizat'°n�ReductronMeasure:To preserve vital city,seroces shall popttngton Beach's extsting,uhitty Y� .. resident of the County aforesaid; I am over risers'ordinancebernodernzedandreduced by.1%to maintain the age of eighteen years, and not a party 94 1 emeigeneyresponse4-es pohce;officers,:firefighters public`, safety cominumcation/equipinent,senior ser vices,storm drains to or interested in the below entitled matter. and other city service,req uri g egnal treatn ent oftaxpayers am a principal Clerk Of the HUNTINGTON regardlessoftechnologyusedwithloyvincome senior exemptions,, BEACH INDEPENDENT, a newspaper of anneal audits,local control offimd and no rate increase without No voter approvap general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the The nomination period for these offices begins on July 12,2010 and closes on August 6,2010 at 5:00 p.m. attached Notice is a true and complete copy as was printed and published on the If nomination papers for an incumbent officer of the city are not filed by August 6,2010(the following date(s): 88th day before the election)the voters shall have until the 83rd day before the election,August 11,2010,to nominate candidates other than the person(s)who are the incumbents on the 88th day.before the election,fouthat incumbents elective office. If no one or only one person is nominated'for,an elective office,appointment to the elective July 15, 2010 office maybe made as prescribed by Section 10229,Elections Code of the State of California. The polls will be.oku between the hours of 7:00 a.m.and 8:00 p.m. Isl Joan L.Flynn I declare, under penalty of perjury, that the city clerk foregoing is true and correct. Dated: July 7,2010 Executed on July 15, 2010 at Costa Mesa, California Signatu The foregoing instrument is a correct copy of the originsi on file in this office. Attest �9A erk an'x-ofl do ClWof the Council of th7City Huntington Beach, California. lu g V0 n ���c� I t t nk1 BY Deputy i II + Jl m,AKzh>A 2010 11 A 2 Qa _W �@ci.rf17a a�(4)'`1 l �(q � 617 T+ uxG Uwe jNlaffinM UUT Q tfL/VIJAMM°AffR 0.01%, aJ-jtff#t 9-1-1 Aa - JAfiv fu mn Aft gR rPH' J� a �*ftva -jf-vy 0z sim-mn4A 2010 ' 7 )1-12 Hr��Yq 2010 ` 8 )] 6 HF`f tQ �� tIXT +� 2010 8 6 Q(W ,-7lttJM 88 ) 'ail 83 2010 ' 8 11t!R4tZjr1jM88 10229 The foregoing i . trument is a correct copy of the prig ial on Me in this office. Attest 20 L /s/ Joan L. Flynn Vl Ifi Clerk NaaGA of e Cyc °nts tonUtYt e PUA1-) mew . =r'wiln e HJUA: 2010 �F 7 7 H pppgt�' 2 i tied 1- L/'I 0 SJeput y�T42,a3-, 40600-2 a 1 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) � Orange )SS. County of g ) 1 xi Ia clat a to nea €v ,Iaat�a has €�g era.; I am a citizen of the United States and a riir# tsc � t I3 Iialerltiia l" resident of the County aforesaid: I am over the a'� fede oraarada con c dI;ta Ij age of eighteen years, and not a party to or +� AVISO DE ELECCIONES interested in the above entitled matter. I am the principal clerk of the printer of Excelsior, a POR LA PRESENTE SE INF RMA que el mattes 2 de noviembre de 2010 se realiniiin Elecciones Municipales Gen es en la Ciudad de Huntington Beach para los siguientes newspaper of general circulation, published in FuncionadosyMedidas: the City of Anaheim, County of Orange, and Para cuatro(4)Miembros del Concejo Municipal(Mandato completo de cuatro aiios) which newspaper has been adjudged a Para un(i)Procuradot do la Ciudad (Mandato compieto de cuatm afios) newspaper of general circulation by the ",.Se aprobasa to propuesta de Entruenda N°t de la Carta, Riit r� y t que revisa y reformula la Carta de la Ciudad de Huntington Si superior County Central District of the.County N tV each(excluyendo los cambios a to Seccion 617 tituiada Fondo de In&aestructura),tat como se expresa en to medida of Orange, State of California under the date propuesta?" No of February 25, 1997, Case Number "ise aprobara la propuesta de Enmienda N°2 de la Carta, que modifica la Secci6n 617 de la Cana de la Ciudad de Si A186380 that the notice of which the annexed Huntington Beach titulada Fondo de lntraestructura tat is a printed copy, has been published in each como se expresa en la medida propuesta?" NO i regular and entire issue of said newspaper and Medida de Modemizaci&Reduccion del ULT de i Huntington Beach. Para preservar servicios vitales de la, Si ollowing Ciudad Asa modemizara 1a ordenar>za existence de not in any supplement thereof on the f Huntington Beach para usuarios de servicios paticos y se dates,to s— la reducira en un 0,1% para mantener Ins tiempos de I No r ) respuesta de emergencia del 9-1-1,oficiales de policia, 1 bomberos,comunicaciones'equipos de seguridad p6lica 1 I certify (or del re) under penalty of perjury servicios para ancianos, drenajes de tormenta y otros that the foregoit' g is true and correct. servicios de la Ciudad que requieren un tratamiento igualitario de Ins contribuyentes independientemente de la Executed at Santa Ana,California tecaologia usada con exenciones para ancianos de bajos ingresos, auditorias anuales, control local de fondos, y Date: _ ningun aumento do tasas sin apmbacion de los votantes' f EI periodo de nominaci6n para estos cargos comienza el l2 de julio de 2010 y cietra el 6 1 f de agosto de 2010 a las 5:00 p.m. e igttature� Si no se presentan los papeles de nominacion de un funcionario de la Ciudad en funciones - antes del 6 de agosto de 2010(el 88avo dia antes de las elecciones),cos votantes tendran hasta el 83avo dia antes de las eiecciones,I t de agosto de 2010,para nominar candidates ademis de las personas que ocupan el cargo en el 88avo d' antes de las cieccioges,Para Excefflisior Del Condado De Orange t el cargo elective de ese funcionario. 523 N.Grand Avenue 1 Si nadie o solo una persona es nominada pars un.carg elective,se pods realizar el Santa Ana,CA 92701 nombramiento para el cargo electivo tat como to prescribe la Seccion 10229 del C6digo Electoral del Estado de California. The foregoing instrument is a correct Las umas estaran abiertas entre las 7:00 am.y las 8:00 p.m. copy of the Original on file in this offlc:e, W Joan L.Flynn Meet { Secretaria de la Ciudad +--'� Fecha:7 de julio de N10 �^cY a lWk a0 E& CIO { O t Council of the City of Huntington BY _ Deputy r XIN•THONG:BAO CHO BIT LA m&t coot T$ng Tuyen Cat Do.Thl I se ditgc to chdc tai.Thanh Pho Huntington Beach vao that Ba, ngiiy 2 thdng Mtidi Mot,p4o cic VvM Ch((c vii Dd Luat sau day I Cho bon(4)Thanh Vien caa Hoi D�ng ThAnh Pho (Turn nhi6m ky bon nitm) Cho mot(1)Bien Ly Thilnh Pho (iron nhiem ky ban nm) "Ltgu 4e nghi Seta t711i Hten e 1,stYa Iai va n6t lai;Ilien Cog Tlt3a�Pith 1 untmgton Beach C6 � (khbng kJ cac thayt cho PFian 6T1 mang aia de Quy Dinh Cho Cau Truc IIa T ag)nlid da h6u trong Kht5 ng (l4 lu$t"de nghi c6_dttdc chap thuan hay ! "Lieu d-e nghi Siva Dei Hien Chucng&2 th lai Phan h' 617 ctla Hien Choong 11Unh Ph&fluntington Beach "' �mang tgaa a Quy dnh£'ho tt4ucKa 1a4g nhu di ; neu trong dtt luatde.nghi c5,dir0b't'hap_thuan.hay khdng?" IChong Dtt Luot I-Tien Dai Hoa/Giim Thie'u eua Huntington Beach Co UITf De bio ton cac dich vu trong yea cua thinh pho lieu sac lgnh Cho ngitoi dung lien ich hien him cda 1antington Beach c6:dddc hign dai h6a va giain thieu-1% Kheng de duy td thdi gian dap 3ng;cho tritdng hdp khan cap khi goi so 9-i-1,cac cash sat vien linh colt h6a,Gen lad dung c4 an town cbng tong,cac dich vu Cho agdbi cao nien, tong thoat tide mua va cac dich vu khac caa thank pho, dai hdi phii ce stt doi xit long deu doi vdi ngt6i dan d6ng thue`bat ke'den ky thuabsii dung vdi sti mien trit cho ngg4i cao men co ldi tttc thap,kie'm tra ha ng nam , kie'm soitquy tai dia phddng,.va kh8ng tang gia ma khong CO sq chap thuan caa cik tri? Tbdi gian de cir cho cac chitc vu nay bat dau tii ngay 12 thing Bay,2010 va ket thdc vao ngay 6 thing Tam 20 10 16c 5:00 gib chieu- Neu gtay tb de cii Cho mot vien chile dtidng nhiern caa thanh pho kh6ng dtt¢c nop ten tnadc.ngay 6 thing Tam,2010(ngay the 88 tnidc cuoc bau c4)cac ca tri se o5 cho den ngay th(t 83 tinkle cuoc bau cti,ngay 1 i thing Tam,2010,de de"ca cac(hig vien khong phii IA(nhHng)ngtOi dttdng nhiem vao ngay this88trtidc cuoc ban ca,Cho chdc vu dtfdc tuyen chop qua bau cit caa ngttbi dttdng niriem M. 't Neu kh8ng co ai.hoac chi c6 mot nguroi doge de ca Cho ch(fc vu bau nay, vice de c4 Cho chdc vu bau cii c6 the doge thole hien theo Phan 10229, Bo Luat Bau Ca caa Tieu Bang California. Cac ph6ng phieu se and c$a trong khoang gRF tit 7:00 gib sang de'n 8:00 gic�toi. /s/Joan L.Flynn ' Luc Sit Thanh Pho Ngiy:7 Thing Bay,2010 The foregoing instrument is a correct I Viet , copy of the original on file in,this office, an Ex-o Cio CIM Council of the City-of Huntington Reach, CalNomIR. By Deputy � 3 f1ssgtr v I11 yzi°q}oq "91,64,2010�4- 11 Cdy of kintington-BeachPlt Li? 71 71 -51; -&AN IMF f Xt 42► .. '(4U1 '�Iixf %17t), Huntington",B arter of the. City of t Huntingtgn Beach){Infrastructure• Funddl 7WI �I Section 6177,7 of �' 71t 1�i✓harter Am�ndmenY N, 1� tgfftngton_< eX} i$ arter �f ttte City of.] n����n D d n ir�gton eac nit i�nfrasIt lure IF P. Section t{Charter o1�1Sz, Amendment No 1jo�l: � "rlr-tnt�" _ of me CRY Huotit�gton Beach UUT 7H' / �l�l�l "� oil'' �cF,9=1=1 as Uta �I�t, � 1 of iOf7;i���;D}�1 9idt"i..,.Sr.�1 MHI:L-,.`-9 01-LA4. - ,j Pw 714 CAI �H�s' 61-M.- `�I f Huntington Beach°I ji;` aa�1A� olaxl AI`�o�i°..ti��% �N'bo1 , srt� �oC.:71��i i�7il_.�Ol Aiifl '�'T7�1'�l oo� 4zl i7i � : 7Ct o 71?}� 20101c 7� 1211041 A145 lo-1 2010U1 811 6`j 4* 6A1011 fit°[ H °mil Alt ctt �� zt'�A1712010� a� 60J(,d7{Li oT.. Vz1 atlo ' 491 °ZJV°l `i7-I Almoil Ul�t Liz{Ei 83°12I .2010'l 8-V 11`� w mxl `i7{`i'88°� CAI °�I �a°i`°� �1�.=1i �1i � x1191091-11-- a. li 7{ !`(T `�U T.S�.xl'71 ze�:T�txl tA7{t1._9%1 *.�.x1 L}-���T oT.,-U21�L101T °I:Section 1022900 �17{�t'9f ii 7{ A1Ti °CZ� O�oof�I L-10 a .. 'JF AI?1E 4`i 7A'Ei 44 8AIXAM�!a-1Q. /sf:toartET1 n ` i'�.201Q0 7N v The foregoing instrume .` s a correct copy of the originat on this office. latest A 20 �. `�- 4t K, as Day k Cho incil of Clerk tie City of Huntington Beach, Caiitomia. By Kk— Deputy Certificate of Registrar of Voters, County of Orange RESOLUTION NO. 2010-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2,2010 CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Huntington Beach,California,on Tuesday,November 2, 2010,as required by law;and Notice of the election was given in time, form and manner as provided by law; that voting precincts were property established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Charter;and The County Election Department canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as Exhibit"A," NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City except vote-by-mail ballots was 36,026 That the whole number of vote-by-mail ballots cast in the City was 38,015 r making a total of 74,041 ballots cast in the City. SECTION 2. That the measures voted upon at the election and the voter results are as follows: Measure N Huntington Beach Charter Comprehensive Update Measure: Shall proposed Charter Amendment No. 1 revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved? PASSED. Measure O Huntington Beach Charter Section 617, Infrastructure Fund Measure: Shall proposed Charter Amendment No. 2 amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? FAILED. 1 10-2701/54857 Resolution No. 2010-92 Measure P Huntington Beach UUT Modernization/Reduction Measure: To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds,and no rate increase without voter approval? PASSED. Measure Q Huntington Beach Private Wireless Communication Facilities Advisory. Measure: Shall the City permit the installation of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5741 Brighton Drive? FAILED. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Exhibit"A" attached. SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on Measures N and P did vote in favor of them, and that Measures N and P are carried.and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Huntington Beach, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The number of votes given at each precinct for and against each measure; and (4) The total number of votes given for and against each measure. SECTION 6. That the names of persons voted for at the election for Members of the City Council are as follows: Bill Rorick Connie Boardman Shawn Roselius John Von Holle Joe Carchio Landon Fichtner Norm Westwell Blair Farley Billy O'Connell Fred J. Speaker Jim Katapodis Joe Shaw Dan Kalmick Erik Petersen Heather Grow Andrissa Dominguez William Grunwald Barbara Delgleize Bruce J. Brandt Matthew Harper Official write in candidate: Blake Rose That the names of the persons voted for at the election for City Attorney are as follows: Jennifer McGrath T. Gabe Houston 2 10-2701154857 Resolution No. 2010-92 SECTION 7. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit"A"attached. SECTION 8. The City Council does declare and determine that Connie Boardman was elected as Member of the City Council for the full term of four years; Joe Carchio was elected as Member of the City Council for the full term of four years; Matthew Harper was elected as Member of the City Council for the full term of four years; Joe Shaw was elected as Member of the City Council for the full term of four years; Jennifer McGrath was elected as City Attorney for the full term of four years. SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2)The names of the persons voted for; (3)For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. SECTION 10. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certification of Election signed by the City Clerk and authenticated; that City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe.to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 11. That the City Clerk shall certify to the. passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of December , 2010. ayo REVIE APPROVED: INITIATED AND APPROV D: ministrator (fity Clerk APPROVED AS TO FORM: City Attorney 3 1 0-270 1/54 85 7 Exhibit "A"---Resolution No. 2010-92 Exhibit "A" Result of the Canvass of the Election Return to be delivered upon receipt of official certified document from the.Orange County Registrar of Voters. Exhibit "A" - Resolution No. 2010-92 NEAL KELLEY Registrar of Voters Mailing Address: P.O.Box 11298 Santa Ana,California 92711 REGISTRAR OF VOTERS 1300 South Grand Avenue,Bldg.C Santa Ana,California 92705 (714)567-7600 TDD(714)567-7608 FAX(714)567-7627 www.ocvote.com November 29, 2010 Dear City Clerk: I am enclosing the Certification of the Registrar of Voters to Result of the Canvass of the General Election Returns and a copy of the abstract for the municipal election for your city, held in consolidation with the General Election on November 2, 2010. If you have any questions, please feel free to contact me at(714) 567-7606 or kay.cotton@rov.ocgov.com. Sincerely, Kay Cotton Candidate and Voter Services Manager :kc - N c� Enclosures - C-n COMMUNICATION -- M�9 Agenda Item No. l+� Exhibit "A" - Resolution No. 2010-92 CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) 1, Neal Kelley. Registrar of Voters of Orange County, do hereby certify the following.to be a full. true and correct Statement of the Vote of the election listed below,consolidated with the General Election held on November 2, 2010. CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL CONNIE BOARDMAN 20,019 JOE CARCHIO 18,523 MATTHEW HARPER 15,886 JOE SHAW 14,585 BARBARA DELGLEIZE 14,171 BLAIR FARLEY 13,932 BILLY O'CONNELL 13,175 JIM KATAPODIS 13,100 FRED J. SPEAKER 11,183 DAN KALMICK 10,775 NORM WESTWELL 10,187 BILL RORICK 9,835 HEATHER GROW 9,624 SHAWN ROSELIUS 7,628 ERIK PETERSON 7,137 BRUCE J. BRANDT 7,125 LANDON FICHTNER 4,654 ANDRISSA DOMINGUEZ 4,440 WILLIAM GRUNWALD 3,652 JOHN VON HOLLE 3,209 BLAKE ROSE 50 CITY ATTORNEY JENNIFER MCGRATH 40,470 T. GABE HOUSTON 15,315 MEASURE N YES 30,084 NO 24,543 MEASURE O YES 26,343 NO 31,555 MEASURE P YES 41,102 NO 18,787 Exhibit "A" - Resolution No. 2010-92 CERTIFICATE OF REGISTRAR OF VOTERS NOVEMBER 2.2, 2010 PAGE 2 ADVISORY MEASURE Q YES 27,674 NO 35,834 PRECINCT BALLOTS CAST: 36,026 VOTE-BY-MAIL BALLOTS CAST: 38,015 TOTAL BALLOTS CAST: 74,041 hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22"d day of November,2010. NEAL KE Y Registr Voters Orange County r Exhibit "A" - Resolution No. 2010-92 CERTIFIED STATEMENT OF THE VOTES CAST at the GENERAL ELECTION November 2, 2010 in the County of Orange, State of California FILED ; 2010 DEBRA BOWEN, SECRETARY OF STATE BY DEPUTY State of California) ) SS County of Orange) 1, Neal Kelley, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the. votes cast in this county at the General Election, as determined by the canvass of the returns of said election. I further certify the results of the 9 percent manual tally contained no discrepancies between the machine count and the manual tally. WITNESS my hand and Official Seal THIS DAY OF � 2010 REGISTRAR OF VOTERS a a Exhibit"A"—Resolution No.2010-92 ' Orange County Statement of Votes Page 2571 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure r o t 2 v m L 40 V C IX m L C m M Y m C r C L 3 r E W y L C it R m 0032106 9031 452 50.06% 142 180 0032109 980 650 66.33% 197 265 0032110 1666 622 58.35% 198 23iffmaNUMM 0032141 1144 745 65.12% 211 369 0032142 945 551 58.31% 144 268 0032143 522 415 79.50% 131 189 0032147 494 380 76.92% 100 158 0032149 860 560 65.12% 191 226 0032150 956 659 68.93% 228 255 0032154 .818 527 64.43% 183 ,r 213 0032155 751 522 69.51% 193 210 0032157 786 687 87.40% 185 321 0032161 1127 551 48.89% 170 222 0032162 545 338 62.02% 132 107 0032163 610 404 66.23% 139 156 0032170 652 448 68.71% 141 206 0032171 1083 471 43.49% 186 165 0032173 950 456 48.00% 160 175 0032177 790 397 50.25% 135 163 0032178 858 282 32.87% 95 119 0032179 1020 597 58.53% 192 253 0032191 839 524 62.46% 176 216 0032193 90 547 60.58% 204 187 0032194 680 353 51.91% 117 150 Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2572 of 2630 r o � « V � m a v CL m c m > a o m a E m m m Csm. c c = = CL IL a m I I.-.- Mae z 0032198 623 416 66.77% 127 203 0032200 977 675 69.09% 227 282 0032204 609 332 54.52% 168 129 0032209 777 493 631.45% 135 235 0032232 951 487 5121% 153 209 0032247 817 527 64.50°/ 179 214 0032269 696 494 70.98% 176 205 0032270 903 601 66.56% 216 256 0032278 878 309 35.19% 99 120 M am 0032285 _ 650 454 69.85% 155 " 191 w ~ ~ 0032286 999 411 41.14% 139 168 0032287 1.082 632 58.41% 195 247 3 0032295 1052 636 60.46% 242 250 0032300 308 192 62.34% 91 58 0032301 1018 619 60.81% 206 219 0032306 840 566 67.380% 198 248 0032307 962 551 57.28% 183 221 0032308 843 621 73.67% 209 281 t 0032322 667 336 50.37% 129 120 0032323 956 549 57.43% 194 213 0032324 782 399 51.02% 140 161 FM 0032333 886 544 61.40% 186 232 0032335 1109 526 47.43% 156 216 0032336 733 352 48.02% 102 137 0032341 860 428 49.77% 137 172 0032343 980 645 65.82% 227 257 Exhibit"A"-Resolution No.2010-92 Orange County Statement of Votes Page 2573 of 2630 CL c � o t v m a in e� V C z m � m a om m E m c m _ _ $ 0 m c 0 ='c m i = cF �a I, a m F z X (3 z° } 0032345 846 5271 62.29%1 1811 215 0032349 859 544 63.33% 195 235 0032351 905 575 63.54% 205 235 0032354 916 584 63.76% 189 254 cam a 0032361 858 436 50.82% 158 158 0032362 160 123 76.88% 28 53 0032365 1028 627 60.99% 178 259 0032375 935 624 66.74% 216 261 0032376 873 397 45.48% 123 167 0032378 855 396 46.32% 122 156 tom 0032384 795 248 31.19% 75 102 0032385 935 363 38.82% 126 126 0032388 589 329 No- 55.86% 114 138 8� - W1.1 _ 4< 0032395 819 309 37.73% 112 112 0032397 613 300 48.94% 89 126 0032398 671 245 36.51% 77 103 0032408 811 224 27.62% 72 90 0032411 522 401 76.82% 130 158 0032412 1004 679 67.63% 212 305 mu _. 0032416. 908 500 55.01% 165 186 0032418 616 199 32-31% 59 72 0032419 799 352 44.06% 124 139 0032604 1497 955 63.79% 3471 365 0032605 1875 1166 62.19% 429 441 0032606 1266 748 59.08% 250 270 0 N ' Precinct N A Party Member Registration Ballots Cast N V 4 Turnout N-Huntington Beach, Huntington Beach City Charter Comprehensive Update Measure p oa ro n C c No N r. o � 0 Yes O c' �V CA O O z O N O O e N m !O m O -w Exhibit"A"—Resolution No.2010-92 Vote-by-Mail Totals. Orange County Statement of Votes Page 2575 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure Y m C � m C L « U m t�W m t) a a mr � z mom a`r o m a t ac m m M m 3 = I c e a x' (3 z 46th Congressional District 128824 38015 29.51% 12018 16297 67th Assembly District 128824 38015 29.51% 12018 16297 Coast Community College District .128824 38015 29.51% 12018 16297 County Board of Education Trustee Area 2 128824 38015 29.510/6 12018 16297 Fountain Valley School District 11343 3641 32.10% 1188 1525 Huntington Beach 128824 38015 29.51% 12018 16297 Los Aiamitol SFID#1 160 3 1.88% 1 0 Municipal Water District Of Orange County 128824 38015 29.51% 12018 16297 Municipal Water District of Orange County Div 128824 38015 29.51% 12018 16297 Orange County Water District Division 4 15011 4955 33.01% 1482 2146 Orange County Water District Division 6 109276 31676 28.99% 10123 13525 Orange County Water District Division 7 4537 1384 30.50% 413 626 e _ Totals: 1288241 38015 29.51% 12018 16297 • Exhibit"A"—Resolution No.2010-92 Grand Totals Orange County Statement of Votes Page 2576 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure m V o L U m dr U a K m A m > Q W C 0 E m ro U ao+ L g m c o a � - - 3 = C m _ o o a m z C.) z: 46th Corigressional District 128824 74041 57.47% 245.43 30084 67th Assembly District 128824 74041 57.47% 24543 30084 Coast Community College District 128824 74041 57.47% 24543 30084 County Board of Education Trustee Area 2 128824 74041 57.47% 24543 30084 Fountain Valley School District 11343 6789 59.85% 2306 2719 Huntington Beach 128824 74041 57.47% 24543 30084 Los AlamitosUSD SFID#1 160 " 123 76.881% 28 53% Municipal Water District Of Orange County 128824 74041 57.47% 24543 30084 Municipal Water District of Orange County Div 128824 74041 57.47% 24543 30084 'all-w, 4q- 1 - Orange County Water District Division 4 15011 9279 61.81% 2943 n 3852 Orange County Water District Division 6 109276 62001 56.74% 20714 25081 Orange County Water District Division 7 4537 2761 60.86% 1186 1151 Totals_ 1288241 740411 57.47%1 1 1 245431 30084 Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2577 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure L O m R m .. m v w ° a _ .• p 3 � O a a m �.o x' ran Ui z°I 0032106 903 452 50.06% 213 132 0032109 986 650 66.33% 208 .286 0032110 1066 622 58.35% 246 220 0032141 1144 746 65.12% 292 307 0032142 945 551 58.31% 220 210 0032143 522 415 79.50% 192 150 wow 0032147 494 380 76.92% 185 115 0032149 860 560 65.12% 237 198 0032150 956 659 68.93% 309 221 i NO �j' _. 0032154 818 527 64.43% 250 167 0032155 751 522 69.51% 249 182 0032157 786 687 87.40% 261 290 x 0032161 1127 551 48.89% 235 178 0032162 545 338 62.02% 152 116 0032163 610 404 66.23% 186 131 0032170 652 448 68.71% 199 181 0032171 1083 471 43.49% 216 156 0032173 950 456 48.00% 182 177 0032177 790 397 50-25% 198 119 0032178 858 282 32.87% 109 103 0032179 1020 597 58.53% 243 237 0032191 839 524 62.46% 243 178 0032193 903 547 60.58% 252 167 0032194 680 353 51.91% 161 i15 Exhibit"A"—Resolution No.2010-92 Orange County Statement of Votes Page 2578 of 2630 L c s V 3 - v N tl V i m m t � � w Q m m A r m V w r w m m cc = 0 C W G O� Q1 }�- • 2 (j LL Z } 0032198 623 416 66.77% 176 157 0032200 977 675 69.09% 296 246 0032204 609 332 54.52% 117 125 0032209 777 493 63.45% 178 214 0032232 951 487 51.21% 193 182 0032247 817 527 64.50% 239 186 0032269 696 494 70.98% 205 200 0032270 903 601 66.56% 284 214 0032?Z8 878 309 35.19% 112 116 0032285 650 454 69.85°!0 204 w 170 w ' 0032286 999 411 41.14% 197 128 0032287 1082 632 58.41% 287 201 �F-Mffl 0032295 1052 636 60.46°!° 299 217 0032300 308 192 62.34% 85 73 0032301 1018 619 60.81% 275 191 WE - kd =�.��_.sa. 0032306 840 566 67.38% 281 186 . 0032307 962 551 57.28% 240 187 0032308 843 621 73.67% 254 254 0032322 667 336 50.37% 149" 115 0032323 956 549 57.43% 243 180 0032324 782 399 51.02% 198 126 0032333 886 544 61.40% 282 157 0032335 1109 526 47.43% 240 156 0032336 733 352 48.02% 134 130 0032341 860 428 49.77% 136 183 0032343 980 645 65.82% 292 231 Exhibit"A"-Resolution No.2010-92 Orange County Statement of Votes Page 2W9 of 2630 yL L W t L w U 3 � �V L � v U 41 O i « Ear _c c e c c � i32 C v r N cc aL a m f'- oxwLL z° >4-1 0032345 8461 527 62.29%1 216 200 0032349 859 544 63.33%:::::0032351 905 575 63.54%003 3354 916 584 63.76% 0032361 858 436 50.82% 210 122 0032362 160 123 76.88% 43 43 0032365 1028 627 60.99% 257 224 0032375 935 624 4 66.74% 297 208 0032376 873 397 45.48% 153 147 0032378 855 396 46.32% 141 154 0032384 795 248 31.19% 88 97 0032385 935 363 38.82% 154 118 0032388 589 329 55.86% 173 89 0032395 819 309 37.73% 137 90 0032397 613 30 448.94% 112 104 0032398 671 245 36.51% 90 95 0032408 811 224 27.62% 82 84 0032411 522 401 76.82% . 164 144 0032412 1004 679 67.63% 312 238 a� 0032416 908 500 55.07% 196 165 0032418 616 199 32.31% 80 63 0032419 799 352 44.06% 152 124 0032604 1497 955 63.79% 422 332 0032605 1875 1166 62.19% 513 409 0032606 1266 748 59.08% 296 250 1A0 B. " Precinct a oe w Parry Member Registration $V Ballots Cast 4 V Turnout O- untington Beac , Huntington Beach City Charter Section 617,Infrastructure Fund Measure p v? �D 0 O w O J N No � y c9 Yes O cr N IJ 0 o' a z 0 N O O �p N ro m ro w A Exhibit"A"—Resolution No.2016-92 Vote-by-Mail Totals Orange County Statement of Votes Page 2581 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure `m 1= V 3 v 0 V w IDtM ti E W S m U O aD m i �.. O O 3' ' 7. n a m x CO)u. z FA 46th Congressional District 128824 38015 29.51% 16697 13726 67th Assembly District 128824 38015 29.51% 16697 13726 Coast Community College District 128824 38015 29.51% 16697 13726 County Board of Education Trustee Area 2 128824 38015 29.51% 16697 13726 Fountain Valley School District 11343 3641 32.10% 1672 1199 Huntington Beach 128824 38015 29.51% 16697 13726 Los AlamitosUSD SFID#1 160 3 1.88% 0 _ 2 Municipal Water District Of Orange County 128824 38015 29.51% 16697 13726 Municipal.Water District of Orange County.Div 128824 38015 29.51% 16697 13726 LIN.. .,.w Orange County Water District Division 4 _ . 15011 4955 2 33.01% 2069 1841 Orange County Water District Division 6 109276 31676 28.99% 13995 11422 Orange County Water District Division 7 4537 1384 30.50% 633 463 Totals: 1288241 380151 29.51%1 1 1 16697 _ 13726 • Exhibit"A"—Resolution No.2010-92 Grand Totals Orange County Statement of Votes Page 2582 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure r c � t i OC m tva w m a>n C ` I C C i O tp 3 !C = 3 7 0 7 O m wl F. 0 =..rn.LL . I Z 46th Congressional District 128824 74041 57.47% 31555 26343 67th Assembly District 128824 74041 57.47% 31555 26343 Coast Community College District 12.024 74041 57.47% 31555 26343 County Board of Education Trustee Area 2 128824 74041 57.470 31555 26343 Fountain Valley School District 11343 6789 59.850 2943 2311 Huntington Beach 128824 74041 57.47% 31555 26343 Los AlarruitosUSD SFID#1 160 123 76.88% 43 43 Municipal Water District Of Orange County 128824 74041 57.47% 31555 26343 Municipal Water District of Orange County Div 128824 74041 57.47% t 3155.5 26343 Orange County Water District Division 4 15011 9279 61.81% 3890 3345 . Orange County Water District Division 6 109276 62001 56.74°I° 26500 22043 Orange County Water District Division 7 4537 2761 60.86% 1165 955 Totals: 1 1288241 740411 57.47% 1 315551 26343 Res. No. 2010-92 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CU Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California • IQ s , ® o m 0• I • • .•- • •- iru rq ru Postage $ c0 Certified Fee '-q Postmark O Return Receipt Fee Here O (Endorsement Required) E3 Restricted Delivery Fee C3 (Endorsement Required) C3 L11 Total Postage&Fees $ O Sent o o Tom D_aly�-County_-_Recorder_ = RosaChavez S`treef,Apt No.; or PO Box Ala 12 Civic Ctr Plaza #101 ------------------------------------------------=--------------------------------------- 'Nant�a Ana, CA 92701-4072 er ' •e ...D • . r� Ln o OFFICIAL a ru Postage $ Certified Fee rq Postmark 0 Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) LrI Total Postage&Fees $ C Sent To cO Debra Bowen, Secretary of State o ---------------------------------------------- ---------------------------------------- Street,Apt.No.; orPoeoXNo. 1500 11th Street C�,(y,State,ZIP+4.. --------------------------------------- Jdcramento, CA 95814 �,m.��vaS d Te 1'7r`kt .'lo '� `'+z'Yw'y� !�''"R:'L`�+ "^+ is+ � s x i h•:.: r h' p ToN,;,i., d se;t`i. 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'§ ..'r ,',?r`:-+ p _t••..' t* _,S;.�Ls§ a?mo- &'. + .eac�. ,. .i• 3e.:,. ! ter..,..� a, ��^¢u.,.„ � .'; ice,`, � •.� �� '� ��'; '"!%`�"i . tea <� t a ,,,�, } �'+ P h r �.-R�^ t� s.�•-:m� r�:..� A�,t;.4; m dd,a M: �>'''� i... u.:,> ���•�. �:@� ���,� � r. ..y*i�r w. ,w'°: x�� >� •.w�.s„"�*s�:` l+d�� ,�y ,: ��1. w;' ��`. �' �t awe %'�,y P�� n unz.a k 'ir k��h rt�"";��f, �,�. ;. 3`Tn`,S .�f.zr, f`'���,ynfi°1 dt tree',{wF: 3 r'pr r>a�7" '3 •'� :'.ems �lr .'k .m H t ap v ,ya __ ? ,5..¢C kk §xsn &t>•'x`; .,ik' titi7` r +4`� ! _ - rn n�� 3 4� � P'hi 5 ��ta x �1 �w ��3;�."'i�� ���:; x ,a."�"�, _z• r`"P� _ - - ti f F N DERRA B®wEN E SECRETARY OF STATE STATE OF CALIFORNIA I BUSINESS PROGRAMS 15oo lath Street I Sacramento,CA 95814 JTel(916)657-J4481 Fax(916)653-13151 wvm .sos.ca.gov rFOpp Notice of Change to Certified Copies Effective July 23, 2010 To improve our services and reduce expenses,the Business Programs Division(except the Uniform Commercial Code Section)has changed the process for providing certified copies of documents. What are the changes? Instead of providing a separate cover sheet indicating that the copy is a true and correct copy of the original document of record with our office,every document certified by the Business Programs Division(except the Uniform Commercial Code Section)will contain a manually placed certification stamp. The stamp will appear on the back of the final page of the document in the lower right-hand corner. The stamp will contain the date the document was certified,the signature of the Secretary of State, and the California State Seal. Within the area of the stamp will be the handwritten number of pages being certified and the initials of the deputy certifying the document. As we all adjust to this new process, please take a moment to ensure that the copies you submit for certification are: • Complete; and • Printed only on one side. This change in procedure and appearance will not affect certified copies from the Uniform Commercial Code Section of our office where the certification is automatically generated by the automated system. This procedural change to certified copies does not affect documents authenticated with an Apostille or Certification from our office. Certified Copies(Rev.07/26/2010) Council/Agency Meeting Held:1 D Deferred/Continued to: ;4App5ved ❑ Conditionally Approved ❑ Denied t�Xo-N660 Yy CfeKs Sign6fure Council Meeting Date: December 6, 2010 Department ID Number: CK 10-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Joan L. Flynn, CIVIC, City Clerk PREPARED BY: Joan L. Flynn, CIVIC, City Clerk SUBJECT: Adopt Resolution No. 2010-92 Reciting the Facts of the General Municipal Election of November 2, 2010 and Declaring Results and authorize the Mayor and City Clerk to execute the Certificate of Proceedings Had and Taken in Adoption of Charter Amendments by Electors of the City of Huntington Beach Statement of Issue: Resolution No. 2010-92 recites the facts of the General Municipal Election held in Huntington Beach on the 2"d day of November 2010, declaring the results thereof and such other matters as provided by provisions of the City Charter and the Elections Code of the State of California. Financial Impact: This action requires no funding. Funds for the cost of the election have been budgeted in FY 10/11, Elections Account, Business Unit No. 10010101.69300 — Professional Services. Recommended Action: Motion to: A) Adopt Resolution No. 2010-92 - "A Resolution of the City Council of the City of Huntington Beach Reciting the Facts of the General Municipal Election held on November 2, 2010 Consolidated with the County of Orange Declaring the Results and Such Other Matters as Provided by Law," and B) Authorize the Mayor and City Clerk to execute the Certificate of Proceedings Had and Taken in Adoption of Charter Amendments by Electors of the City of Huntington Beach at a General Municipal Election Held on November 2, 2010 and submit to the Secretary of State in accordance with California Government Code Section 34460. Environmental Status: Not applicable. Strategic Plan Goal: Improve Internal and External Communication. REQUEST FOR COUNCIL ACTION MEETING DATE: 12/6/2010 DEPARTMENT ID NUMBER: CK 10-006 Attacl• ment(s): • Description 1. Resolution No. 2010-92 with Exhibit "A" titled "Certificate of Registrar of Voters to Result of the Canvass of the Election Return" . 2. Certificate of Proceedings Had and Taken in Adoption of Charter Amendments by Electors of the City of Huntington Beach at a General Municipal Election held on November 2, 2010 3. Revised Huntington Beach City Charter ATTACHMENT # 1 RESOLUTION NO. 2010-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Huntington Beach, California, on Tuesday,November 2, 2010,as required by law; and Notice of the election was given in time, form and manner as provided by law; that voting precincts were property established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Charter; and The County Election Department canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as Exhibit"A," NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City except vote-by-mail ballots was 36,026 That the whole number of vote-by-mail ballots cast in the City was 38,015 making a total of 74,041 ballots cast in the City. _ SECTION 2. That the measures voted upon at the election and the voter results are as follows: Measure N Huntington Beach Charter Comprehensive Update Measure: Shall proposed Charter Amendment No. 1 revising and restating the Charter of the City of Huntington Beach (excluding changes to Section 617 entitled Infrastructure Fund) as set forth in the proposed measure be approved? PASSED. Measure O Huntington Beach Charter Section 617, Infrastructure Fund Measure: Shall proposed Charter Amendment No. 2 amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? FAILED. 1 10-270I/54857 Resolution No. 2010-92 Measure P Huntington Beach UUT Modernization/Reduction Measure: To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm, drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds, and no rate increase without voter approval? PASSED. Measure Q Huntington Beach Private Wireless Communication Facilities Advisory Measure: Shall the City permit the installation of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5741 Brighton Drive? FAILED. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Exhibit"A" attached. SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on Measures N and P did vote in favor of them, and that Measures N and P are carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Huntington Beach, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The number of votes given at each precinct for and against each measure; and (4) The total number of votes given for and against each measure. SECTION 6. That the names of persons voted for at the election for Members of the City Council are as follows: Bill Roriek Connie Boardman Shawn Roselius John Von Holle Joe Carchio Landon Fichtner Norm Westwell Blair Farley Billy O'Connell Fred J. Speaker Jim Katapodis Joe Shaw Dan Kalmick Erik Petersen Heather Grow Andrissa Dominguez William Grunwald Barbara Delgleize Bruce J. Brandt Matthew Harper Official write in candidate: Blake Rose That the names of the persons voted for at the election for City Attorney are as follows: Jennifer McGrath T. Gabe Houston 2 10-2701/54857 Resolution No. 2010-92 SECTION 7. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit"A" attached. SECTION 8. The City Council does declare and determine that Connie Boardman was elected as Member of the City Council for the full term of four years; Joe Carchio was elected as Member of the City Council for the full term of four years; Matthew Harper was elected as Member of the City Council for the full term of four years; Joe Shaw was elected as Member of the City Council for the full term of four years; Jennifer McGrath was elected as City Attorney for the full term of four years. SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. SECTION 10. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certification of Election signed by the City Clerk and authenticated; that City Clerk shall also administer to each person elected the Oath of.Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 11. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of December , 2010. ayo REVIE D APPROVED: INITIATED AND APPROVED: 0111ministrator ity Clerk APPROVED AS TO FORM: 141 - City Attorney 10-2701/54857 Exhibit "A"-- Resolution No. 2010-92 Exhibit "A" Result of the Canvass of the Election Return to be delivered upon receipt of official certified document from the Orange County Registrar of Voters. /E3�T /9 - d• v;0/0 - 92- NEAL KELLEY Registrar of Voters ® Mailing Address: P.O.Box 11298 Santa Ana,California 92711 ® REGISTRAR OF VOTERS 1300 South Grand Avenue, Bldg.C Santa.Ana,California 92705 (714)567-7600. TDD(714)567-7608 FAX(714)567-7627 www.ocvote.com November 29, 2010 Dear City Clerk: am enclosing the Certification of the Registrar of Voters to Result of the Canvass of the General Election Returns and a copy of the abstract for the municipal election for your city, held in consolidation with the General Election on November 2, 2010. If you have any questions, please feel free to contact me at (714) 567-7606 or kay.cotton@rov.ocgov.com. Sincerely, 6", Kay Cotton Candidate and Voter Services Manager :kc Enclosures commumiCATION Aget Item CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) 1, Neal Kelley. Registrar of Voters of Orange County, do hereby certify the following to be a full. true and correct Statement of the Vote of the election listed below, consolidated with the General Election held on November 2,2010. CITY OF HUNTINGTON BEACH MEMBER OF THE CITY COUNCIL CONNIE BOARDMAN 20,019 JOE CARCHiO 18,523 MATTHEW HARPER 15,886 JOE SHAW 14,585 BARBARA DELGLEIZE 14,171 BLAIR FARLEY 13,932 BILLY O'CONNELL 13,175 JIM KATAPODIS 13,100 FRED J. SPEAKER 11,183 DAN KALMICK 10,775 NORM WESTWELL 10,187 BILL RORICK 9,835 HEATHER GROW 9,624 SHAWN ROSELIUS 7,628 ERIK PETERSON 7,137 BRUCE J. BRANDT 7,125 LANDON FICHTNER 4,654 ANDRISSA DOMINGUEZ 4,440 WILLIAM GRUNWALD 3,652 JOHN VON HOLLE 3,209 BLAKE ROSE 50 CITY ATTORNEY JFNNIFER MCGRATH 40,470 T. GABE HOUSTON 15,315 MEASURE N YES 30,084 NO 24,543 MEASURE O YES 26,343 NO 31,555 MEASURE P YES 41,102 NO 18,787 CERTIFICATE OF REGISTRAR OF VOTERS NOVEMBER 2.2. 2010 PAGE 2 ADVISORY MEASURE O YES 27,674 NO 35,834 PRECINCT BALLOTS CAST: 36,026 VOTE-BY-MAIL BALLOTS CAST: 38,015 TOTAL BALLOTS CAST: 74,041 1 hereby certify that the number of votes cast for each candidate and measure is a-,set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 22"d day of November,2010. NEAL KE Y Registr Voters Orange County CERTIFIED STATEMENT OF THE VOTES CAST at the GENERAL ELECTION November 2, 2010 in the County of Orange, State of California FILED , 2010 DEBRA BOWEN, SECRETARY OF STATE BY DEPUTY State of California) ) SS County of Orange) /, Neal Kelley, Registrar of Voters of Orange County, do hereby certify that the within is a true and correct statement of the votes cast in this county at the General Election, as determined by the canvass of the returns of said election. 1 further certify the results of the 9 percent manual tally contained no discrepancies between the machine count and the manual tally. WITNESS my hand and Official Seal THIS DAY OF 2010 REGISTRAR OF VOTERS f r"µ 0 s Orange County Statement of Votes Page 1798 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c a 2 w m N i Z w w. N G1 OF c Z F 0 0 J Z } Q w W w a' 0 � U Q J N In E =w O w c p a m w w p Y U E E CL a m I-- v a m m m m m m IN 01 IN 0032106 903 452 50.06% 33 68 56 62 72 0 35 0032109 980 650 66.33% 19 148 115 145 107 0 75 0032110 1066 622 58.35% 24 107 99 97 108 1 58 4 0032141 1144 745 65.12% 16 201 140 177 96 0 84 0032142 945 551 58.31% 32 119 73 96 112 0 57 0032143 522 415 79.50% 17 105 41 86 94 2 37 R -1,11 NO` 10-o 'In ffi 14",� "'I il- . 0-aw _- - - 0032147 494 380 76.92% 14 105 52 78 86 0 w 0032149 860 560 65.12% 40 99 77 118 115 0 61 0032150 956 659 68.93% 30 144 76 108 145 1 65 ti w»U� 0032154 818 527 64.43% 28 90 64 91 120 0 47 0032155 751 522 69.51% 34 83 65 88 100 1 61 0032157 786 687 87.40% 21 241 100 189 78 0 54 M,- nwim"Its-Iffilmlilmm" 0032161 1127 551 48.89% 44 96 54 82 93 0 36 0032162 545 338 62.02% 20 40 41 50 78 0 24 0032163 610 404 66.23% 17 76 45 64 81 1 48 n Y Y Ulv 0032170 652 448 68.71% 23 76 60 78 123 0 38 0032171 1083 471 43.49% 46 54 58 90 79 0 42 0032173 950 456 48.00% 34 57 79 64 120 0 27 11"HE"14 �.� al. 0032177 790 397 50.25% 32 65 48 78 74 0 �29 0032178 858 282 32.87% 28 25 36 56 44 0 22 0032179 1020 597 58.53% 25 155 80 90 103 0 77 0032191 839 524� 62.46% 31 140 31 96 121 0 42 0032193 903 547 60.58% 33 111 55 89 77 0 42 0032194 680 353 51.91% 29 70 45 67 67 1 36 Orange County Statement of Votes Page 1799 of 2630 x U c m N Y 2 W W 0 - N w- �_ f- U o W Z W W E = v Q v O aw O � m U m U LL - M a p O LL D a m R" O Le U - E E a a a a` a m E'- 9a m m m m m I m r ". ._ 0032198 623 416 66.77% 20 63 56 66 66 0� 45 0032200 977 675 69.09% 44 124 100 120 128 0 92 0032204 609 332 54.52% 28 39 48 52 55 0 41 >. M-10m, 0032209 777 493 63.45% 12 124 78 95 88 0 47 0032232 951 487 51.21% 30 81 47 85 88 1 25 0032247 817 527 64.50% 33 97 76 99 88 0 68 BEE ' 0032269 696 494 70.98% 14 98 79 104 73 2 70 0032270 903 601 66.56% 48 108 84 125 122 0 56 0032278 878 309 35.19% 37 30 36 40 47 0 30 6#� fyAWN R a At M 0032285 65,0 454 69.85% 29 103 52 84 68 0 39 0032286 999 411 41.14% 33 58 57 77 90 0 39 0032287 1082 632 58.41% 43 134 75 89 136 2 55 �gMM � N�r nf c � . WINsal-i-- 0032295 1052 636 60.46% 46 240 83 137 98- 0 60 0032300 308 192 62.34% 9 25 30 36 46 0 23 0032301 1018 619 60.81% 38 99 65 117 110 0 73 ON 11- ME ",an , -10- -101 U- 11 EM- ` is 0032306 840x 566 67.38% 39 92 69 79 122 0 48 0032307 962 551 57.28% 49 96 73 86 96 2 41 0032308 843 621 73.67% 20 165 73 114 113 0 53 0032322 667 336 50.37% 37 � 55 44 60 60 0 26 0032323 956 549 57.43% 42 78 86 116 99 1 53 0032324 782 399 51.02% 41 54 58 64 75 0 48 EWEN tame 0032333 886 544 61.40% 32 108 72 86 102 1 31 0032335 1109 526 47,43% 39 82 71 82 96 1 38 0032336 733 352 48.02% 19 72 61 61 55 0 46 IN "MI -1,11-M—"IMIIM 0032341 860 428 49,77% 23 54 70 70 64 0 38 0032343 980 645 65.82%1 25 117 79 111 160 0 97 Orange County Statement of Votes Page 1800 of 2630 x U = W O m N ty`4 Z W W N N Z J - ~ F V 0 J Z } Z Wz W W E U x U N Q p a w -i LL w o o ° M m � ° e o a -i i ¢ a a` a m }' U Q m m Inm m m 0032 445 So 62.29% 25 94ENO 108 100 0 57 0032349 63.33% 26 94 105 94 0 65 0032351 905 575 63.54% 44 89 94 140 0 62 0032354 916 584 63.76% 30 102 78 95 117 0 86 1 im 0032361 858 436 50.82% 24 93 55 71 74 0 34 0032362 160 123 76.88% 3 26 24 18 16 0 11 0032365 1028 627 60.99% 36 127 96 117 111 0 59 0032375 935 624 66.74% '25 113 84 149 127 0 81 0032376 873 397 45.48% 25 58 58 70 91 4 45 0032378 855 396 46.32% 27 69 47 68 78 0 35 A M M M� ,MMa U1, MM 0032384 795 248 31.19% 17 25 44 37 48 0 24 0032385 935 363 38.82% 31 51 310 55 68 0 28 0032388 589 329 55.86% 19 50 31 62 100 0 27 BENIN.MMMMMMMMM 0032395 819 309 37.73% 37 29 37 32 48 0 22 0032397 613 300 48.94% 26 43 29 60 58 0 24 0032398 671 245 36.51% 16 28 26 34 47 0 28 ,M, ,",on- 1,0032408 811 224 . �27.62% 18 23 26 34 32 0 M M` -!I,0-1 M M11 M- --M,14. 24 0032411 522 401 76.82% 14 106 46 74 83 0 48 0032412 1004 679 67.63% 24 172 74 122 145 3 62 0 wi a, - - 111 0032416 908 500al 55.07% M 33 74 79 82 84 1 60 0032418 616 199 32.31% 12 22 33 37 32 0 19 0032419 799 352 44.06% 35 52 42 51 61 0 35 0032604 1497 955 63.79% 58 156 129 147 157 3 76 0032605 1875 1166 62.19% 84 190 142 225 226 0 103 0032606 1266 748 59.08% 71 96 65 137 142 0 51 0 y . Precinct N 00 ao A Party Member Registration A O Ballots Cast cn V ` A Turnout "CITY OF HUNTINGTON BEACH Member,City Council O a� cc cD n O G 1,ANDRISSA DOMINGUEZ JBARBARA DELGLEIZE c�D O co!,q' < BILL RORICK cn w J JN BILLY O'CONNELL w' N BLAIR FARLEY c BLAKE ROSE BRUCE J.BRANDY c co a 0 ry rn 0 0 Orange County Statement of Votes Page 1802 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c Q O w m z O = z z 0 0 0 Y U M Qp V ow. C9 a x w ' Q c c O s Z a 0 F U .2 E > E z z Y w Q M w O Q o w O a a "45250.06% U c� a w LL x 9 -� mill In 0032106 903 136 61 30 71 54 :83 1300032109 980 153 89 89 126 58 209 0032110 1066 622 58.35% 145 88 72 82 67 175 sw'a in'a 10-N-M'M - IN` 0032141 1144 745 65.12% 136 99 90 173 54 112 233 0032142 945 551 58.31% 154 90 36 89 63 110 155 0032143 522 415 79.50% 135 44 25 84 40 63 126 Gvo 0032147 494 380 76.92% Y 131 39 32 86 29 71 133 0032149 860 560 65.12% 138 91 32 81 84 85 153 0032150 956 659 68.93% 198 97 94 107 63 112 163 S M.1 0032154 818 527 64.43% 168 78 54 77 56 104 127 0032155 751 522 69.51% 137 50 43 76 73 98 148 0032157 786 687 87.40% 133 87 81 164 64 83 172 -0-m-,11-6, 0032161 1127 551 48.89% 151 74 31 80 81 100 155 0032162 545 338 62.02% 88 51 30 50 48 53 84 0032163 610 404 66.23% 117 69 75 65 52 68 106 WMEN9111MENN , 0032170 652 448 68.71% 164 57 44 61 58 101 126 0032171 1083 471 43.49% 117 73 41 47 76 97 111 0032173 950 456 48.00% 134 81 45 74 40 77 149 I,ME N 11'a .� 0032177 790 397 50.25% 92 ti 57 41 r5740 68 107 0032178 858 282 32.87% 55 38 19 0032179 1020 597 58.53% 159 84 82 113 148 0032191 839 524 62.46% 152 92 45 84 90 78 128 0032193 903 547 60.58% 124 64 70 98 67 124 172 0032194 680 353 51.91% 116 48 40 63 48 64 83 2- 01 e " Orange County Statement of Votes Page 1803 of 2630 x U = W O m Z O Z I-tM c Q Z U 0 Y to v, a w ) 0_ a0 w a U a V mtoU m J I-- !A ix a g ; a a`, w a E Z Z Y W W W CL a m E'- c� oQ w LL x 0032198 623 416 66.77% 130 67 37 74 43 79 123 0032200 977 675 69.09% 203 91 74 104 65 109 173 0032204 609 332 54.52% 79 38 17 39 59 79 70 0032209 777 493 63.45% 133 75 45 101 44 67 149 0032232 951 487 51.21% 125 79 35 58 66 91 105 0032247 817 527 64.50% 134 72 50 83 62 66 141 I W-I I I I Nil MEN 0032269 696 494 70.98% 120 73 43 98 49 81 113 0032270 903 601 66.56% 161 88 51 83 79 90 190 0032278 878 309 35.19% 63 28 14 17 71 69 58 "W"AN 10 'N' "m ,M.", 0032285 650 454 69.85% 103 53 49 73 59 75 119 0032286 999 411 41.14% 124 62 34 52 73 70 92 0032287 1082 632 58.41% 220 93 40 76 82 106 155 - s OF r �# �kr a1� 7 MORE ZMEMM 0032295 1052 636 60.46% 149 103 69 69 110 .119 123 0032300 308 192 62.34% 67 26 15 28 27 37 45 0032301 1018 619 60.81% 182 96 56 78 87 103 183 L 3 A �.`fix ., :.�` 3 M F� ���. 4s � �� 0032306 840 566 67.38% 169 91 100 74 85 111 125 0032307 962 551 57.28% 150 88 49 67 91 90 129 0032308 843 621 73.67% 178 87 88 113 101 98 186 1z8 .n € 0032322 667 336 50.37% 83 52 27 40 59 75 73 0032323 956 549 57.43% 126 55 72 83 68 92 182 0032324 782 399 51.02% 111 65 33 46 67 93 81 0032333 886 544 61.40% 163 82 76 83 91 102 140 0032335 1109 526 47.43% 143 72 34 93 65 117 123 0032336 733 352 48,02% 73 80 38 42 24 50 87 F,u - _ m r 0032341 860 428 49.77% 94 69 35 57 62 59 99 0032343 980 645 65.82% 225 94 58 97 66 103 166 Orange County Statement of Votes Page 1804 of 2630 x U c w o m R z y O z I O g z o z w 3 U Ix p 0 Q 0 O a H p U W O O = m U x U 00 H 0. Q te c 3 O °' z .� a a' -i 2 d Q o. }} a Z m 3 ~ m O Q W p of a a. m E- V U p w LL x -)l -, 0032345 846 527 62.29% 153 81 53 73 102 103 136 M'M all 01 M--1- -a 1i 0032349 859 544 63.33% 155 90 45 89 55 97 132 0032351 905 575 63.54% 164 94 50 76 86 108 145 0032354 916 584 63.76% 190 91 52 90 69 86 135 MEN, MENIIEN- 0032361 858 436 50.82% 110 61 36 43 65 77 71 0032362 160 123 76.88% 30 19 19 25 3 26 35 0032365 1028 627 60.99% 178 89 54 107 72 127 179 0032375 935 624 66.74% 176 87 57 105 74 118 159 0032376 873 397 45.48% 107 50 39 76 42 51 96 0032378 855 396 46.32% 102 61 34 56 42 44 99 MI, _ a 0032384 795 248 31.19% 68 43 9 32 44 45 41 0032385 935 363 38.82% 81 46 34 36 81 74 65 0032388 589 329 55.86% 105 49 16 45 40 52 80 'a",RE"i 0032395 819 309 37.73% 82 40 23 24 54 46 60 0032397 613 300 48.94% 69 36 15 30 64 38 47 0032398 671 245 36.51% 61 29 15 26 41 43 44 'MEN Y yr i l, 0032408 811 224 27.62% 39 35 13 17 47 45 37 0032411 522 401 76.82% 104 63 34 61 42 73 97 0032412 1004 679 67.63% 223 91 71 120 65 124 196 "Minb� 0032416 908 500 55.07% 125 93 41 52 71 72 119 0032418 616 199 32.31% 52 27 10 18 23 37 33 0032419 799 352 44.06% 95 49 18 43 67 69 83 M-MMI! . 0032604 1497 955 63.79% 223 k 120 110 134 153 269 214 0032605 1875 1166 62.19% 363 191 95 171 159 217 294 0032606 1266 748 59.08°10 189 110 66 106 104 118 188 SAN 0 ;v Precinct N c w� Np Party Member Registration V ` Ballots Cast N V ., A J" �:c�a Turnout CITY OF HUNTINGTON BEACH Member,City Council -+ 0 n 0 N � .MA CONNIE BOARDMAN CA V JDAN KALMICK 0, C ERIK PETERSON �00, FRED J.SPEAKER cc rn NA HEATHER GROW J W i ® JIM KATAPODIS cc m N 4 JOE CARCHIO cos w Ln rn w 0 Orange County Statement of Votes Page 1806 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U a - 0 u' w z - O rn w w w CO) a d z 0 J J � z O x a w z .�' x U x cn OC E S V z LL w O O m x O> O = z _Q 0 0 s m z o _�m E w x z a '� a a m E'- t� M M z N 11 Elam"I.1 in"IN is 0032106 903 452 50.06% 70 24 40 80 70 53 24 0032109 980 650 66.33% 127 16 28 155 94 47 33 0032110 1066 622 58.35% 129 32 36 134 80 47 31 0032141 1144 745 65.12% 115 12 20 204 89 47 44 0032142 945 551 58.31% 116 16 37 114 56 33 27 0032143 522 415 79.50% 91 16 18 88 77 32 29 D 0032147 494 um380 76.92% 77 15 13 90 67 � 29 17 0032149 860 560 65.12% 86 32 36 121 76 57 41 0032150 956 659 68.93% 134 17 28 168 119 46 17 milm "' a M N M� ' N 0032154 818 527 64.43% 114 30 27 121 57 41 33 0032155 751 522 69.51% 94 26 31 117 80 73 19 0032157 786 687 87.40% 95 26 30 199 91 50 28 IN N- lvcl- llb Man -'m E96� w 0032161 1127 551 48.89% 107 28 47 96 54� 81 27 0032162 545 338 62.02% 79 16 18 69 51 45 21 0032163 610 404 66.23% 73 22 18 85 48 30 16 0032170 652 448 68.71% 131 21 30 96 72 45 20 0032171 1083 471 43.49% 73 22 43 109 67 52 30 0032173 950 456 48.00% 127 22 19 73 52 32 12 0032177 790 397 50.25% 93� 26 22 93 62 49 25 0032178 858 282 32.87%P 42 17 31 60 42 50 11 0032179 1020 597 58.53% 98 16 29 139 92 49 30 NMI 0032191 839 524 62.46% 124 , 29 35 94 68 56 19 0032193 903 547 60.58% 63 21 38 128 109 52 15 0032194 680 353 51,91% 67 18 23 81 36 42 17 Page 1807 of 2630 Orange County Statement of Votes x = w o m .� w w w J W Q F U 0 x OaC w W Z N Z) � 2 U x U) 0 x U ?� z a w t7 U a ® = O z w z co U a co z a 3 E E w x z a a a m F U 0 g z ai tM , M 0032198 623 416 66.77% 73 11 21 90 46 39 31 0032200 977 675 69.09% 122 30 53 142 77 82 39 0032204 609 332 54.52% 45 16 28 68 35 49 27 0032209 777 493 63.45% 116 10 19 112 45 30 30 0032232 951 487 51.21% 92 27 30 97 99 55 15 0032247 817 527 64.50% 131 31 37 124 63 53 25 Emil i. r + 0032269 696 494 70.98% 86 13 27 112 71 39 25 0032270 903 601 66.56% 110 48 38 153 102 76 28 0032278 878 309 35.19% 23 20 28 74 48 46 28 ggp - r.? - -' 0032285 650 454 69.85% �57 17 27 120 62 41 17 0032286 999 411 41.14% 77 16 38 100 55 50 26 0032287 1082 632 58.41% 137 28 44 131 74 67 22 �0032295 1052 636 60.46% 110 28 40 129 79 81 27 0032300 308 192 62.34% 44 6 6 35 28 18 16 0032301 1018 619 60.81% 121 26 47 136 95 52 21 Tw 0032306 840 566 67.38% 143 27 36 108 93 41 29 0032307 962 551 57.28% 105 35 41 109 75 60 25 0032308 843 621 7{3.67% 125 41 44 134 110 43 21 0032322 667 336 50.37% 48 27 ^ 27 74 44 42 25 0032323 956 549 57.43% 85 34 41 114 69 78 32 0032324 782 399 51.02% 71 15 29 80 49 43 12 ,{ 0032333 886 544 61.40% 112 26 34 103 85 57 17 0032335 1109 526 47.43% 86 25 30 108 71 54 35 0032336 733 352 48.02% 79 14 23 81 39 37 27 ig �Nm REP p Y Vd+ t i +''_ 0032341 860 428� 49.77% 84 22 33 72 60 55 22 0032343 980 645 65.82% 164 25 34 139 110 55 27 Orange County Statement of Votes Wage 1C08of2630 x U Q = W O m Z Q V/ 0 Z C J Z a J Z ►= u O = a N Z x U x Q OIx c O CD Z G x 3 >' O ` } E W x QZ Q O S J 0032345 846 527:63.76% :142 25 40 115 72 74 21 0032349 859 544 22 34 140 88 54 27 0032351 905 575 32 26 123 81 89 38 0032354 916 584 19 34 149 85 64 34 0032361 858 436 . 22 44 75 48 54 20 0032362 160 123 76.88% 23 3 3 25 10 6 9 0032365 1028 627 60.99% 120 36 32 135 75 56 40 .k-' 0032375 935 624 66.74% 130 28 29 142 89 62 27 0032376 873 397 45.48% 93 19 41 45 43 47 23 0032378 855 396 46.32% 90 8 27 68 44 52 22 a 0032384 795 248 31.19% 37 13 29 44 r31 34 12 0032385 935 363 38.82% 42 21 33 92 61 18 0032388 589 329 55.86% 77 12 19 86 34 11 ' ' 'M m� 0032395 819 309r37�.73% 46 31 36 50 40 44 13 0032397 613 300 44 16 28 68 40 45 19 0032398 671 245 36.51% 43 10 25 48 47 27 13 s 0032408 811 224 27.62% r'; 9 16 34 27 31 13 0032411 522 401 76.82% 12 17 79 55 27 24 0032412 1004 679 67.63% 170 30 42 172 79 53 27 0032416 908 w 500 55.07% 93 24. 40 80 60 64 21 0032418 616 199 32.31% 37 9 24 38 21 21 17 0032419 799 352 44.06% 58 18 32 85 50 54 13 0032604 1497 955 63.79% 167 47 58 190 154 112 44 0032605 1875 1166 62.19% 221 45 67 276 213 136 61 0032606 1266 748 59 08% 146 38 35 155 96 105 40 o Iv Precinct N ` Co O a Party Member Registration O Ballots Cast cn V A 4 N'�pTurnout y CITY OF HUNTINGTON BEACH Member,City Council O i y 0 O A C co -JOE SHAW .� 't N r. w � N IJOHN VON HOLLE tap O LANDON FiCHTNER N cn o Co IMATTHEW HARPER 0 co N NORM WESTWELL v m SHAWN ROSELIUS IWILLIAM GRUNWALD coo cc us c (a� W O Vote-by-Mail Totals Orange County Statement of Votes Page 1810 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c W O m N w Z _ W W O .� N Ma C7 W J Z C J W F- V O Z Y Z W £ = U Q q V—a, V a) V LL, i ¢ O O LL o O n m > x x_ o ` 1r z N of la m Z Q J a GO F- tU 2 Q 00 in m m 46th Congressional District 128824 38015 29.51% 2350 8398 5012 7014 7394 67th Assembly District 128824 38015 29.51% 2350 8398 5012 7014 7394 Coast Community College District 128824 38015 29.51% 2350 8398 5012 7014 7394 ISO- I County Board of Education Trustee Area 2 128824 38015 29.51% 2350 8398 5012 7014 7394 Fountain Valley School District 11343 3641 32.10% 271 638 431 681 761 Huntington Beach 128824 38015 29.51% 2350 8398 5012 7014 7394 Los AlamitosUSD SFID#1 160 3 1.88% 0 0 0 1 0 Municipal Water District Of Orange County 128824 38015 29.51% 2350 8398 5012 7014 7394 Municipal Water District of Orange County Div 128824 38015 29.51% 2350 8398 5012 7014 7394 Orange County Water District Division 4 15011 4955 33.01% 276 1404 708 1023 774 Orange County Water District Division 6 109276 31676 28.99% 1991 6746 4145 5730 6317 Orange County Water District Division 7 4537 1384 30.50% 83 248 159 261 303 lot :-�10 Totals: 1288241 38015 29.51°% 2350 8398 5012 7014 7394 Vote-by-Mail Totals Orange County Statement of Votes Page 1811 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U a o w - m z A O u z co f Q z p Z 0 z aEi Q = U m" m F- H c p W w w w a — p Y U z Y y is m J O Q o a two 1— U m Ml w 46th Congressional District 128824 38015 29.51% 30 3593 10639 5347 3894 67th Assembly District 128824 38015 29.51% 30 3593 10639 5347 3894 Coast Community College District 128824 38015 29.51% 30 3593 10639 5347 3894 County Board of Education Trustee Area 2 128824 38015 29.51% 30 1 3593 10639 5347 3894 Fountain Valley School District 11343 3641 32.10% 1 305 1030 526 321 Huntington Beach 128824 38015 29.51% 30 3593 10639 5347 3894 1Ftt RE Maw Los AlamitosUSD SFID#1 160 3 1.88% 0 1 0 0 1 Municipal Water District Of Orange County 128824 38015 29.51% 30 3593 10639 5347 3894 Municipal Water District of Orange County Div 128824 38015 29.51% 30 3593 10639 5347 3894 7151 Orange County Water District Division 4 15011 4955 33.01% 0 426 1168 749 556 Orange County Water District Division 6 109276 31676 28.99% 30 3036 9094 4391 3225 Orange County Water District Division 7 4537 1384 30.50% 0 131 377 207 113 Totals: 128824 38015 29.51% 301 3593 10639 5347 3894 Vote-by-Mail Totals Orange County Statement of Votes Page 1812 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x v _ w o ap A z c d z c Y. P: L) Q 0 G O E x U CO) q m C U.1fr Q a o a p }— tU co N E - 1: E W Q W W m 46th Congressional District 128824 38015 29.51% 6731 4284 6443 9363 8322 67th Assembly District 128824 38015 29.51% 6731 4284 6443 9363 8322 Coast Community College District 128824 38015 29.51% 6731 4284 6443 9363 8322 s County Board of Education Trustee Area 2- 128824 38015 29.51% 6731 4284 6443 9363 8322 Fountain Valley School District 11343 3641 32.10% 626 485 656 905 739 Huntington Beach 128824 38015 29.51% 6731 4284 6443 9363 8322 z. —i, _n 11"i�m a In, Los AlamitosUSD SFID#1 160 3 1.88% 0 0 0 0 1 Municipal Water District Of Orange County 128824 38015 29.51% 6731 4284 6443 9363 8322 Municipal Water District of Orange County Div 128824 38015 29.51% 6731 4284 6443 9363 8322 —0.o ,--"ffi—v I M-1111 W-i- 1 Orange County Water District Division 4 15011 4955 33.01% 890 502 762 1078 1039 Orange County Water District Division 6 109276 31676 28.99% 5588 3613 5451 7935 6972 Orange County Water District Division 7 4537 1384 30.50% 253 169 230 350 311 r IN .a In- Totals: 1288241 38015 29.510% 6731 4284 6443 93631 8322 Vote-by-Mail Totals Orange County Statement of Votes Page 1813 of2630 CITY OF HUNTINGTON BEACH Member,City Council x U W 0 m Z N 0 V �' Q' Z 0 J F- W - J F O x Q W a z S U x m ND U z LL W O m U LL O Z W 3 z i c O a z O x 3. Z � HE 0 g z o a. ao 1 U 46th Congressional District 128824 38015 29.51% 1655 2056 9075 4917 3175 67th Assembly District 128824 38015 29.51% 1655 2056 9075 4917 3175 Coast Community College District 128824 38015 29.51% 1655 2056 9075 4917 3175 a EjM2Ar County Board of Education Trustee Area 2 128824 38015 29.51% 1655 2056 9075 4917 3175 Fountain Valley School District 11343 3641 32.10% 169 219 943 454 380 Huntington Beach 128824 38015 29.51% 1655 2056 9075 4917 3175 5u - -ww Los AlamitosUSD SFID#1 160 3 1.88% 1 0 1 0 0 Municipal Water District Of Orange County 128824 38015 29.51% 1655 2056 9075 4917 3175 Municipal Water District of Orange County Div 128824 38015 29.51% 1655 2056 9075 4917 3175 IN z� Orange County Water District Division 4 15011 4955 33.01% 216 240 1176 585 369 Orange County Water District Division 6 109276 31676 28.99% 1382 1755 7548 4158 2679 Orange County Water District Division 7 4537 1384 30.50% 57 61 351 174 127 -`,l "0ST IN r 332 Totals: 128824 38015 29.51% 1655 2056 9075 4917 3175 Vote-by-Mail Totals Orange County Statement of Votes Page 1814 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c W 2 m N Z O Z }= U m U U i> H 5 O a Q £ _ J 46th Congressional District 128824 38015 29.51% 1768 67th Assembly District 128824 38015 29.51% 1768 Coast Community College District 128824 38015 29.51% 1768 County Board of Education Trustee Area 2 128824 38015 29.51% 1768 Fountain Valley School District 11343 3641 32.10% 203 Huntington Beach 128824 38015 29.51% 17.68 Los AlamitosUSD SFID#1 160 3 1.88% 1 Municipal Water District Of Orange County 128824 38015 29.51% 1768 Municipal Water District of Orange County Div 128824 38015 29.51% 1768 Orange County Water District Division 4 15011 4955 33.01% 244 Orange County Water District Division 6 109276 31676 28.99% 1445 Orange County Water District Division 7 4537 1384 30.50% 79 { n Totals: 1288241 38015 29.51% 1768 Grand Totals Orange County Statement of Votes Page 1815 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c Q o � m L Z W W N W J Q' Z o g a W } U W Y Z W m Z p In J a a D - U_ O E U U y U Q h O a a m ar rY 0 N lC 5 m Z Q J J J o 0. m ►- v Q m In m I m x £ 46th Congressional District 128824 74041 57.47% 4440 14171 9835 13175 13932 67th Assembly District 128824 74041 57.47% 4440 14171 9835 13175 13932 Coast Community College District 128824 74041 57.47% 4440 14171 9835 13175 13932 n k County Board of Education Trustee Area 2 128824 74041 57.47% 4440 14171 9835 13175 13932 Fountain Valley School District 11343 6789 59.85% 491 1053 866 1263 1353 Huntington Beach 128824 74041 57.47% 4440 14171 9835 13175 13932 r ; Los AlamitosUSD SFID#1 160 123 76.88% 3 26 24 18 16 Municipal Water District Of Orange County 128824 74041 57.47% 4440 14171 9835 13175 13932 Municipal Water District of Orange County Div 128824 74041 57.47% 4440 14171 9835 13175 13932 'm a Orange County Water District Division 4 15011 9279 61.81% 518 2237 1334 1833 1459 Orange County Water District Division 6 109276 62001 56.74% 3746 11493 8169 10846 11925 Orange County Water District Division 7 4537 2761 60.860/0 176 441 332 496 548 €1k ag k d b m -k �;.�._. ;�:+7�. x -,- ?:'4 �'�<:a"..s� �, ..' 3 Xs Totals: 1288241 74041 57.47% 1 44401 14171 9835 13175 13932 Grand Totals Orange County Statement of Votes Page 1816 of2630 CITY OF HUNTINGTON BEACH Member,City Council x U Q 2 w m w z O = z m z o zzQ O z m z a Q U s " �_ 00 O E m U U 0 ~ v, d w w w U. 0- 0 o } n Y V z .. £ Q ,D. z z Y N o a m ' c� m m c�� o w 'INN 46th Congressional District 128824 74041 57.47% 50 7125 20019 10775 7137 67th Assembly District 128824 74041 57.47% 50 7125 20019 10775 7137 Coast Community College District 128824 74041 57.47% 50 7125 20019 10775 7137 County Board of Education Trustee Area 2 128824 74041 57.47% 50 7125 20019 10775 7137 Fountain Valley School District 11343 6789 59.85% 1 646 1801 978 570 Huntington Beach 128824 74041 57.47% 50 7125 20019 10775 7137 i Los AlamitosUSD SFID#1 160 123 76.88% 0 11 30 19 19 Municipal Water District Of Orange County 128824 74041 57.47% 50 7125 20019 10775 7137 Municipal Water District of Orange County Div 128824 74041 57.47% 50 7125 20019 10775 7137 ma .1 Orange County Water District Division 4 15011 9279 61.81% 0 843 2247 1421 934. Orange County Water District Division 6 109276 62001 56.74% 50 60011 17039 8958 5982 Orange County Water District Division 7 4537 2761 60.86% 0 281 733 396 221 k } Totals: 128824 740411 57.47% 50 71251 20019 10775 7137 A Grand Totals Orange County Statement of Votes Page 1817 of 2630 CITY OF HUNTINGTON BEACH Member,City Council x U c W o m Z _ y � U C � m Z C W m Z U W 0O O E. M S U a. S Q W c 0 c w F- E W Q W W a a m ~ U Ua x O O -. all 46th Congressional District 128824 74041 57.47% 11183 9624 13100 18523 14585 67th Assembly District 128824 74041 57.47% 11183 9624 13100 18523 14585 Coast Community College District 128824 74041 57.47% 11183 9624 13100 18523 14585 minr. County Board of Education Trustee Area 2 128824 74041 57.47% 11183 9624 13100 18523 14585 Fountain Valley School District 11343 6789 59.85% 931 977 1254 1639 1218 Huntington Beach 128824 74041 57.47% 11183 9624 13100 18523 14585 ss ll "r - .na.` 8s Enw2all'- Los AlamitosUSD SFID#1 160 123_ 76.88% 25 3 26 35 23 Municipal Water District Of Orange County 128824 74041 57.47% 11183 9624 13100 18523 14585 Municipal Water District of Orange County Div 128824 74041 57.47% 11183 9624 13100 18523 14585 1 Orange County Water District Division 4 15011 9279 61.81% 1407 1124 1580 2046 1700 Orange County Water District Division 6 109276 62001 56.74% 9371 8149 11064 15794 12320 Orange County Water District Division 7 4537 2761 60.86% 405 351 456 683 565 aI A ,o �a € a0 ON . Totals: 128824 74041 57.47%1 11183 9624 13100 18523 14585 Grand Totals Orange County Statement of Votes Page 1818 of2630 P CITY OF HUNTINGTON BEACH Member,City Council x � w o ap z _ - U' 3 W W W j � F 0 x U x rA N z LL w m U U O z w w 0 O m z s E x z k a a 00 z ai al A 46th Congressional District 128824 74041 57.47% 3209 4654 15886 10187 7628 67th Assembly District 128824 74041 57.47% 3209 4654 15886 10187 7628 Coast Community College District 128824 74041 57.47% 3209 4654 15886 10187 . 7628 County Board of Education Trustee Area 2 128824 74041 57.47% 3209 4654 15886 10187 7628 Fountain Valley School District 11343 6789 59.85% 324 446 1560 921 878 Huntington Beach 128824 74041 57.47% 3209 4654 15886 10187 7628 Los AlamitosUSD SFID#1 160 123 76.88% 3 3 25 10 6 Municipal Water District Of Orange County 128824 74041 57.47% 3209 4654 15886 10187 7628 Municipal Water District of Orange County Div 128824 74041 57.47% 3209 4654 15886 10187 7628 Orange County Water District Division 4 15011 9279 61.81% 414 f569 1994 1195 919 Orange County Water District Division 6 109276 62001 56.74% 2690 3947 13276 8641 6394 Orange County Water District Division 7 4537 2761 60.86% 105 138 616 351 315 n v Totals: 128824 74041 57.47% 3209 4654 15886 10187 7628 Grand Totals Orange County Statement of Votes Page 1819 of 2630 CITY OF HUNTINGTON BEACH Member,City Council s a w o m H ZO m 0 Z U Z E = v m v w t w � m Q o F E o a m H U 2 ,. 0 7� 46th Congressional District 128824 74041 57.47% 3652 67th Assembly District 128824 74041 57.47% 3652 Coast Community College District 128824 74041 57.47% 3652 t+a County Board of Education Trustee Area 2 128824 74041 57.47% 3652 Fountain Valley School District 11343 6789 59.85% 381 Huntington Beach 128824 74041 57.47% 3652 Los AlamitosUSD SFID#1 160 123 76.88% 9 Municipal Water District Of Orange County 128824 74041 57.47% 3652 Municipal Water District of Orange County Div 128824 74041 57.47% 3652 a4 69 6 � Orange County Water District Division 4 15011 9279 61.81% 508 Orange County Water District Division 6 109276 62001 56.74% 2990 Orange County Water District Division 7 4537 2761 60.86% 154 N � Totals: 128824 74041 57.47% 3652 Orange County Statement of Votes Page 1820 of 2630 CITY OF HUNTINGTON BEACH City Attorney s U c w O m ` Z s H O Eq z Or F N L Z= T O H a d VJ O Q LL M a 0 tu a 0. m H U U F 0032106 903 452 50.06% 232 101 0032109 980 650 66.33% 302 189 0032110 1066 622 58.35% 257 216 0032141 1144 745 65.12% 397 177 0032142 945 551 58.31% 304 125 0032143 522 415 79.50% 253 78 me ol,M- l", I wl 0032147 494 380 76.92% 236 74 0032149 860 560 65.12% 318 116 0032150 956 659 68.93% 348 137 0032154 818 527 64.43% 279 135 0032155 751 522 69,51%1 292 114 0032157 786 687 87.40% 319 193 0032161� 1127 551 48.89% 291 110 0032162 545 338 62.02% 195 52 0032163 610 404 66.23% 232 67 _ Oc '-w- .11 ��. 0032170 652 448 68.71% 235 96 0032171 1083 471 43.49% 279 70 0032173 950 456 48.00% 242 105 0032177 790 397 50.25% 211 101 0032178 858 282 32.87% 158 55 0 0032179 1020 597 58.53% "295 109 s 0032191 839 524 62.46% 90 0032193 903 547 60.58% 312 96 0032194 680 353 51.910% 188 97 Orange County Statement of Votes Page 1821 of2630 x U c m Z ~ U � a N � m O m v x LL o w x 50 x LL m o o Q z Q Z t7 a` a m H ci c> H ` OMr. M 0 , 0032198 623 416 66,77% 236 78 0032200 977 675 69.09% 368 161 0032204 609 332 54.52% 173 73 -B- E m r gCIf 0032209 777 493 63.45% 259 11<8 0032232 951 487 51.21% 271 97 0032247 817 527 64.50% 291 122 � a +� ISO", .e rw c 0032269 696 494 70.98°% 276 103 0032270 903 601 66.56% 382 128 0032278 878 309 35.19% 193 40 vp"PH k DR -I MM �im , 0032285 650 454 69.85% 244 94 0032286 999 411 41.14% 199 107 0032287 1082 632 58.41% 338 123 0032295 1052 636 60.46% 351 116 0032300 308 192 62.34% 107 48 0032301 1018 619 60.81% 357 117 w � � t a ar � "g I&I MINOR 0032306 840 566 67.38% 284 128 0032307 962 551 57.28°% 293 106 0032308 843 621 73.67% 325 137 ' 0 � '^ 0032322 667 336 50.37% 202 51 0032323 956 549 57.43% 319 116 0032324 782 399 .51.02% 220 69 v� W _72 I, 0032333 886 544 61.40% 293 111 0032335 1109 526 47.43% 292 107 0032336 733 352 48.02% 182 88 0032341 860 428 49.77% 206 100 0032343 980 645 65.82% 377 126 Orange County Statement of Votes Page 1822 of 2630 x Q � w o In z rn ~ z z OF U N n y m 0 16 _c 3 0 ti w o Q m o z a` IL m H U U n h- 0032345 846 527 62.29% 304 116 M M MINIEl ME a",_M'M 0032349 859 544 63.33% 304 132 0032351 905 575 63.54% 346 107 0032354 916 584 63.76% 319 131 I'M 110,M_ -a' M 111-Ell'mI' -,"-MI-M' 0032361 858 436 50.82% 238 68 0032362 160 123 76.88% 67 22 0032365 1028 627 60.99% 349 122 0032375 935 624 66.74% 348 145 0032376 873 397 45.48% 222 82 0032378 855 396 46.32% 181 99 M �s nz� M--_ ,795 248 31.19% 152 31 0032385 935 363 38.82% 205 57 0032388 589 329 55.86% 201 66 y' �,I NMI a UN 0032395 819 309 37.73% 169 53 0032397 613 300 48.94% 171 49 0032398 671 245 36.51% 139 33 z 4 �nw , 0032408 811 �224 27.62%j 122 41 0032411 522 401 76.82% 207 84 0032412 1004 679 67.63% 414 127 0 0032416 908 500 55.07% 276 80 0032418 616 199 32.31% 96 39 0032419 799 352 44.06% 193 79 0032604 1497 955 63.79% 523 193 0032605 1875 1166 62.19% 699 238 0032606 1266 741 59.08°fu 454 122 Precinct co Party mberReglt An . . . � kBahtsck (n §\\ u mod CITY OFHUNT we oN BEACH City Attorney o « (D n a0 2 . § /JENNIFER MCGRATH » @ � g « \ I c BE HOUSTON \ . " i \ � \ (D � � . . / � $ U � a Cl) � o Vote-by-Mail Totals Orange County Statement of Votes Page 1824 of 2630 CITY OF HUNTINGTON BEACH City Attorney x U c Q o w m z m O ~ z z F- U n N � m O tE x d' _ d U u. o W W U H O O LL m L O c Q z Q rn w z O o no. m H U U W H MORE=In'0 46th Congressional District 128824 38015 29.51% 20446 8375 67th Assembly District 128824 38015 29.51% 20446 8375 Coast Community College District 128824 38015 29.51% 20446 8375 County Board of Education Trustee Area 2 128824 38015 29.51% 20446 8375 Fountain Valley School District 11343 3641 32.10% 2096 779 Huntington Beach 128824 38015 29.51% 20446 8375 s Los AlamitosUSD SAID#1 160 3 1.88% 1 1 Municipal Water District Of Orange County 128824 38015 29.51% 20446 8375 Municipal Water District of Orange County Div 128824 38015 29.51% 20446 8375 Orange County Water District Division 4 15011 4955 33.01% 2481 1098 Orange County Water District Division 6 109276 31676 28.99% 17140 701811 Orange County Water District Division 7 4537 1384 30.50% 825 259 I M-0 w" RVE 611 Totals: 128824 38015 29.61% 20446 8375 Grand Totals Orange County Statement of Votes Page 1825 of 2630 CITY OF HUNTINGTON BEACH City Attorney x a = w c m z x m 0 z0 x z c7 co H � ) H z m O E 16 x d' x y c o Q z Q y E r z c9 46th Congressional District 128824 74041 57.47% 40470 15315 67th Assembly District 128824 74041 57.47% 40470 15315 Coast Community College District 128824 74041 57.47% 40470 15315 County Board of Education Trustee Area 2 128824 74041 57.47% 40470 15315 Fountain Valley School District 11343 6789 59.85% 3929 1360 Huntington Beach 128824 74041 57.47% 40470 15315 11,am Los AlamitosUSD SFID#1 160 123 76.88% 67 22 Municipal Water District Of Orange County 128824 74041 57.47% 40470 15315 Municipal Water District of Orange County Div 128824 74041 57.47% 40470 15315 w 296MIT MEN 01�5 '�SO arMIS Orange County Water District Division 4 15011 9279 61.81% 4850 1943 Orange County Water District Division 6 109276 62001 56.74% 34002 12886 Orange County Water District Division 7 4537 2761 60.86% 1618 486 , ct �1 $24i Iwoz Totals: 128824 74041 57.47% 404701 15315 Orange County Statement of Votes Page 2571 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure `m o s w u U m `6ts rn s ; N m cc m L C d Q O CON N r 4) U � � d C T O 0 j Q N U 1:' i = C Eco 16 Y/ CL a m I-- zx02 zo � flfl32�1� 2 381 329Icfi r 11 140 � f ;N 0032106 903 452 50.06% 142 180 0032109 980 650 66.33% 197 265 0032110 1066 622 58.35% 198 237 002138 � �� r n, r� 00 33 444 � � ttl "P 0032141 1144 745 65.12% 211 369 0032142 945 551 58.31% 144 268 0032143 522 415 79.50% 131 189 0032144 " - 744 514 ' 68 55°I° 51 226 0032145 �4 6?9_ '571/0 206 2a' i 0032461f3T2 "638 t.59 050A 190 21` 0032147 494 380 76.92% 100 158 0032149 860 560 65.12% 191 226 0032150 956 659 68.93% 228 255 0032151; 9 385 756�4°� F0369 0032152° 916 ; ° + 4269 0 l t9 144 a. t3032153 1$ 781 533 :" i8:25 161 `' 234 ,. 0032154 818 527 64.43% 183 213 0032155 751 522 69.51% 193 210 0032157 786 687 87.40% 185 321 6032158 821 Sfi7 ' 69,06°!0 179 ', '2t7 003215 873 r� 639 a3 2t?% 603296fl „:.$56 33£§ : :37.15°!0 4. 102 119, 0032161 1127 551 48.89% 170 222 0032162 545 338 62.02% 132 107 0032163 610 404 66-23% 139 156 0032 t6 665 43 65 7 , > 143 153 0Q32Er6 780 471i{338°g 159 205 0032167 ".272 46 90°Ia 99 94; 6032170 652 448 68.71% 141 206 0032171 1083 471 43.49% 186 165 0032173 950 456 48.00% 160 175 0032174 ' 1414 - 49a: 842°l0 149 195 0032175 10{}7 710 70.'51°!0 228 277 0032176 99fi 747 253 304 0032177 790 397 50.25% 135 163 0032178 858 282 32.87% 95 119 0032179 1020 597 58.53% 192 253 fl03218 946 581. 61 3 °jo 198, 228 6 'X r 245 60032188 2 , 0 0032190 7fl6 - 43tj' 601°Ifl`- f48, k 152 0032191 839 524 62,46% 176 216 0032193 903 547 60.58% 204 187 0032194 680 353 51.91% 117 150 0032195 98 496 52 88°!a 163 196 0032196 ,. 856 282 32 Orange County Statement of Votes Page 2572 of 2630 d o a - U O t�� N M U � It v j 10 N c m > N O m y E Cf L w U _ O s ` 7 — Z. O II. a a� m ' O m ° I- Z = U � Z } 52 233 1.,. 0032198 623 416 66.77% 127 203 0032200 977 675 69.09% 227 282 0032204 609 332 54.52% 108 129 �0 5fl 301 66 fl1°t °� 8,.rt24 1�1$- '% 44 p208: , s ,113& 793 $9$1,°l0 6r _72 s 0032209 777 493 63.45% 135 235 0032232 951 487 51.21% 153 209 0032247 817 527 64.50% 179 214 4032248 IN, 316, 61 Z2o 131 flp32265, 8 554 _ 67J8°} � 2fl325 - t� s - o " s €1Q32267 67Z 433 63 9610 gym, 136 >182 kip �F � .- 0032269 696 494 70.98% 176 205 0032270 903 601 66.56% 216 256 0032278 878 309 35.19% 99 120 OW 286_ 647 474 ' 73 26°l0 141 215 (I032282 917 502 w54_74°fo d 169 2U0 ' % ' 0032288 782 56fi .?2.38°fo '� 181246 - .,,, ,,P 0032285 650 454 69.85% 155 191 0032286 999 411 41.14% 139 168 0032287 1082 632 58.41% 195 247 D032289_ 409 292 71.391fo 90 151 ; 443129Q:v fii84 438`" 64.04°% _ 16J 157 flt13293; 733 430 58.82°l0 160 165: a x= 0032295 1052 636 60.46% 242 250 0032300 308 192 62.34% 91 58 0032301 1018 619 60.81% 206 219 a032302 Z97 501 62 86,°to 159 200 032303 879' 596 67 251 z Hfl32305 979 648__ 66:19°to '243 23Q 0032306 840 566 67.38% 198 248 0032307 962 551 57.28% 183 221 0032308 843 621 73-67% 209 281 f3032312 584`- 252 `- 43: o 98 ISO- Q032320 x83Y` 496 r 58=9Z°to i 19 t Q032321 388 69#6°l0 121 184' 0032322 667 336 50.37% 129 120 0032323 956 549 57.43% 194 213 0032324 782 399 51.02% 140 161 b032325 951 '533 `° 56 05% 190 204 0032328 ;,,564 409 72.52°l 1�27 169 ' Q032329-' 845- 6.16217 253 0032333 886 544 61.40% 186 232 0032335 1109 526 47.43% 156 216 0032336 733 352 48.02% 102 137 126 OU32338 1085 494 45 53% 167 t 188 t1t332340' 7Z3 416 53 82%° 19 0032341 860 428 49.77% 137 172 0032343 980 645 65.82% 227 257 ° Orange County Statement of Votes Page 2573 of 2630 m o L - U o .L. T++ L = R N_ U () � � � L j m � In m ar c m > £ m 2 m U � o L = cL N 3 C I i 3 T 0 7 - ILN i t i = C £ N N a a m F' z M toy 2 z° } 0032345 846 527 62.29% 181 215 04131I6� ,���ti �,-��,� �3� �1�� '�4 � ' AW 0032349 859 544 63.33% 195 235 0032351 905 575 63.54% 205 235 0032354 916 584 63.76% 189 254 0032§ 4f1 _ fl03� 56r " 822 „p 2 c 1 h 0€?32358 0032361 858 436 50.82% 158 158 0032362 160 123 76.88% 28 53 0032365 1028 627 60.99% 178 259 0032369 948 46� , 8 84°la 135 r M. 0032370 101 346; 314 127 Yr 155 0032371 . 56 4i fu ,, 53 86 " 171 a181; , 0032375 935 624 66.74% 216 261 0032376 873 397 45.48% 123 167 0032378 855 396 46.32% 122 156 C2379 �343 434" 6 xl2°l° � 12 172 1 QP23i 979 34304 6032383 0032384 795 248 31.19% 75 102 " 0032385 935 363 38.82% 126 126 0032388 589 329 55.86% 114 138 fl03239fl 761 523 &$73% "' 142 ': -224 Qt132392 ? 92$ 62t3 6 81°l° ;`. 208 272 {k132893- 873 55 64.03, �, f80 218 0032395 819 309 37.73% 112 112 0032397 613 300 48.94% 89 126 0032398 671 245 36.51% 77 103 0032399 390 226 58.46 90 81, 0C132400 956 42,1; 2401 878 563 64;12% - . ,.. 0032408 811 224 27.62% 72 90 0032411 522 401 76.82% 130 158 0032412 1004 679 67.63% 212 305 0032413 962 _ 564 58 21°f° 164 ". 227 549 0032414 361 65 76°f° 44 123 6032415 „:654 43 � 66.0 °7a` 1rv$" 185 0032416 908 500 55.07% 165 186 0032418 616 199 32.31% 59 72 0032419 799 352 44.06% 124 139 0032601 1796969, 535°l0 321 347 00326{32 1898 ° 1146fl.38°l° 436 442 0032603 0032604 1497 955 63.79% 347 365 0032605 1875 1166 62.19% 429 441 0032606 1266 748 59.08% 250 270 ©032901 =: 176 1Q 60.23°In' 3(3 43 0032962. 49. 30 61. 2°!a',; 1:1 13 o '"'' "Precinct w S Party Member Registration V A P. j' ---,Ballots Cast .a., V ,,..Turnout N-Huntington Beach, Huntington Beach City Charter Comprehensive Update Measure p m ro y w� p a Yes ro 0. n � ro k M a: tas 4 A h5 rn w 0 Vote-by-Mail Totals Orange County Statement of Votes Page 2575 of 2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure d c � o t w m N (D t i C d N O m N E m a n d m m U — t •� � m L y Q _ 0 7 ++ Q. N i = C E N N N o a. m F-IzXL) 2 zo Ir 2nd t tcral s1 r 148 � 29 ° "" 52 2nd t�Pt~ ?�stnr r �$y,�y4j _ 2�yQ s g 1p o2jQ ' - 46th Congressional District 128824 38015 29.51% 12018 16297 67th Assembly District 128824 38015 29.51% 12018 16297 Coast Community College District 128824 38015 29.51% 12018 16297 Cc>ast' ifnut�tr eg f3[stnct Trustee R £ � 23° 23' � , COasL�0rx»[rYjntty t3o�ege�Dtstnct"3ustee Ar '7��8 �tt01} 2��5°k "� � ��. 68� �� g378 : ;� ° � xa � t✓oCor, rtunsty Ciflege Drsct Trustee r 16692 2U3 �1 � €f` 22f County Board of Education Trustee Area 2 128824 38015 29.51% 12018 16297 Fountain Valley School District 11343 3641 32.10% 1188 1525 Huntington Beach 128824 38015 29.51% 12018 16297 ouusnt+ngt{o`rdeac tl 7nBt riy School Distc 541, n�ontgh Schtot Drs 12 38U2 29 H L 12017 1i297 Ftita% t0s Un3#Jed Sctio01 District Los AlamitosUSD SFID#1 160 3 1.88% 1 0 Municipal Water District Of Orange County 128824 38015 29.51% 12018 16297 Municipal Water District of Orange County Div 128824 38015 29.51% 12018 16297 Ocean\flew Schcot District 5528 148$6 . 28.34°h, 4771 6397 Ofarrc GOunty 12882 8015 1Q1$ 16297 7rarigetEaufrty"Watertistnct 12882 3$01 2951°l0 " 12i0# 16237 Orange County Water District Division 4 15011 4955 33.01% 1482 2146 Orange County Water District Division 6 109276 31676 28.99% 10123 13525 Orange County Water District Division 7 4537 1384 30.50% 413 626 Mate B6ard of E ualjation, rd District):"� 128824 Y 38015 �°29 51.°/ �� 1201 y 16297 Westmsrtster Bcti istrid 4990 1635 32 77°l� x :, 5 678 .ice_ Totals: 128824 38015 29.51% 12018 16297 Grand Totals Orange County Statement of Votes Page 2576 of2630 N-Huntington Beach,Huntington Beach City Charter Comprehensive Update Measure `m r c � o = U � t w m �^ cc rn s a m � c m > N r O m N .a E U t V N O O C W ` = C E 16 y o a m z i ci z° r 2ndudr a! WcsfGotttt} 128$24 74Q41 57 47°l0 � r NMI 30084;3Q084 i end er yorlal cY R 128824 = IS 7404'I 57 47°,6 � 30084 ' zip � , 46th Congressional District 128824 74041 57.47% 24543 30084 67th Assembly District 128824 74041 57.47% 24543 30084 Coast Community College District 128824 74041 57.47% 24543 30084 L.oast i 0 1 7ts�7Ct 7 iJSt e. r 34457 19856 57 63°i6 r iz705 w Stt27 " l ww 75898 42725 56`29°l0 ., 1363 G �� k r aS �+C - EtStT#CTee�f '3 3 aast (tn1YHf( tls etr`u ee Are f&692 r ?'1Q�1QQ 6D 51;°l0 ` County Board of Education Trustee Area 2 128824 74041 57.47% 24543 30084 Fountain Valley School District 11343 6789 59.85% 2306 2719 Huntington Beach 128824 74041 57.47% 24543 30084 4 tuntingtan Beach Cltr Sch©of bIstrict 598Q8 ._''34456 572% 7 7 1 t145 #4(Q2 " s , 44Z EluntmtcrCt i3e6c4nton Hi 24515 30031 , L1SS} a{ttltOs t3nf d.SCf1QOf DISt(dCt°t 160 53 Los AlamitosUSD SFID#1 160 123 76.88% 28 53 Municipal Water District Of Orange County 128824 74041 57.47% 24543 30084 Municipal Water District of Orange County Div 128824 74041 57.47% 24543 30084 Ocean ViBw�cheol D�Stricf; ' ;��" �, 52528 29669 t 56 4$%a � tt70(19 119$6 {J€a ,ge CoUtrty , 128824 74Q41 S7 47%a ;: ' fi24 3 343U84 LkdhgeGountytert4lstt'Ict 128$24 "74041 , ` 57.47°l0 ,_ . 24330Q$4 ., z:. Orange County Water District Division 4 15011 9279 61.81% 2943 3852 Orange County Water District Division 6 109276 62001 56.74% 20714 25081 Orange County Water District Division 7 4537 2761 60.86% 886 1151 011 Bo2it '0f4Egia16tipn(3rd l3isi�lct 128824 74t04�1 S7 47°fa 24543 30QS4 r Vltestm�nsferc4?ai�� ct Lllstrl 49903ti3f104 F 6Q 2% 1Q55 1224 '> � � t sr Totals: 128824 740411 57.47% 1 245431 30084 Orange County Statement of Votes Page 2577 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure m = L N O U 7 � T v L = 7 N O L A m V O m 3 1� N E L cc a£i U — O C N 3 3 = p O O a a. m F O S rA ti Z } 2Y� } a,k yy���q�A� " Ja fj L v� ,10 aA5 "ti 2' �` ° '�� Tag AA 90 0032106 903 452 50.06% 213 132 0032109 980 650 66.33% 208 286 0032�110 1066 622 58.35(%�( 246 220 3-243 r j ` 9 �� 0032141 1144 745 65.12% 292 307 0032142 945 551 58.31% 220 210 0032143 522 415 79.50% 192 150 0032144 744 5 f fib 55106 1831u Y # 003214fa ifl72 .. 633. 59.fi5°l� ,; 247: 25f r k d 0032147 494 380 76.92% 185 115 0032149 860 560 65.12% 237 198 0032150 956 659 68.93% 309 221 0032157 509 385 75 64°h 1787 t r 04321§2 916 Al 42 69s°16{ t5 4 5 2t7$ 0032154 818 527 64.43% 250 167 0032155 751 522 69.51% 249 182 0032157 786 687 87.40% 261 290 0032, 821 567 a 69 06% 236 187 t 00321 s - 873 a 63 73 2(°for s� - 2fi }* n 318' 37.15% 0032161 1127 551 48.89% 235 178 0032162 545 338 62.02% 152 116 0032163 610 404 66.23% 186 131 032 665 47 65 Z1°fo 156 16t3 � (3032166 78A 471` 60 $°f° 997 189 0032167 580 '272 46.90°l0 120 0032170 652 448 68.71% 199 181 0032171 1083 471 43.49% 216 156 0032173 950 456 48.00% 182 177 0032174 1fl44 43'i 48.42% 207 458 fl032175 1007 710 70 54°fo 27072 0Q32476 996 "' 747 7500°ra 31& 284 0032177 790 397 50.25% 198 119 0032178 858 282 32.87% 109 103 0032179 1020 597 58.53% 243 237 4tY321$446' S8 fit";31°fo 255 18 ' r. x 0032188 1084 6136 63 1 °1° S 9 j„ �G - 228 flU3219Q o 7fl63C? 6fl .�4fa�a �.. . . 0032191 839 524 62.46% 243 178 0032193 903 547 60.58% 252 167 0032194 680 353 51.91% 161 115 0032135 938 496 52 86°fo 186 4$2 w 0032196 $56 282: 32�3`4,�e •.: . "J> 105, :' �92 , ., ` ' Orange County Statement of Votes Page 2578 of 2630 0 Z5 4) Ir go 0 0 2 IL co U) U- z 4P _0 -1`213T 0032198 623 416 66.77% 176 157 0032200 977 675 69.09% .296 246 0032204 609 332 54.52% 117 125 WGI W6,11,57 nv_ A IN 0032209 777 493 63.45% 178 214 0032232 951 487 51.21% 193 182 0032247 817 527 64.50% 239 186 0032248 ME 4 R, 554 433 0032269 696 494 70.98% 205 200 0032270 903 601 66.56% 284 214 0032278 878 309 35.19% 112 116 647 474 - ,'73 X, I�"'' ""T'�', , -"""216 1,62 917, 4 q932283, -7 72 -0 1 M N 0032285 650 454 69-85% 204 170 0032286 999 411 41.14% 197 128 0032287 1082 632 58.41% 287 201 -'-7139%fl, ,'',�' hd"Il,TMl.-'--1 .�,-,M .511,11,11.1 Id4,0410N 0032293 5 31 4,, ',�,58.82 0032295 1052 636 60.46% 299 217 0032300 308 192 62.34% 85 73 0032301 1018 619 60.81% 275 191 0032502, -j NO ",W,f ' 662303, 596 2d 211 sa 648 a # 36 n 0032306 840 566 67.38% 281 186 0032307 962 551 57.28% 240 187 0032308 843 621 73.67% 254 254 0032312 �,,',',"252 431 584 10 "69 0032320 31 -. 47 : '0032321 �'�388 69,169% 155 166 0032322 667 336 50.37% 149 115 0032323 956 549 57.43% 243 180 0032324 782 399 51.02% 198 126 0032325-� 533 '-,232 003232 64 ,409 190 144 A, 6032329 72.9 -263 239:, 0032333 886 544 61-40% 282 157 0032335 1109 526 47.43% 240 156 0032336 733 352 48.02% 134 130 0632837 712 5 2.536/6':" '- "7160 1180032338'', M 494 45.530/, 06# Z, n 82 416 9/0 135 178 0032341 860 428 49.77% 136 1831 0032343 980 6451 65.82% 292 231 Orange County Statement of Votes Page 2579 of 2630 d L Q t U 3 t r 3 m R O> y t w d G m L E c o R a a. m Oxto !L z } 0032345 846 527 62.29%« 216 200 03234 . 64 69 199 IM, 0032349 859 544 63.33% 250 212 0032351 905 575 63,54% 278 179 0032354 916 584 63.76% 237 234 0E}32� 4t 558 61 4,i, 246 21.8 f5432 �364 7 i 7 ; �0238 &0032361 858 436 50.82%« 210 122 0032362 160 123 76.88% 43 43 0032365 1028 627 60.99% 257 224 00326 = 9 �$ n4 003230 "11Q 3{f6 31 4 ?u 154 1 �¢ 0032 ? 866i' S36%«' 290 0032375 935 624 66.74% 297 208 0032376 873 397 45.48% 153 147 0032378 855 396 46.32% 141 154 00�37 t 943 434 ff2%« 175 129 i �1 972 343 35 29°f« 1 fi 108 � +4 , 0032383. 727 - Z40 1{17 0032384 795 248 31.19% 88 97 0032385 935 363 38.82% 154 118 0032388 589 329 55.86% 173 89 00,239f3 781 523 ,6$7 °/« 238 194 d t 0032392 928 62(l °66.81% 270 .' 254fc � 0032093 873 ,° 5 64.t}3°f« :: 29..: 172 0032395 819 309 37.73% 137 90 0032397 613 300 48.94% 112 104 0032398 671 245 36.51% 90 95 9032399 390 22$ 58 « 99 70 r" 00324Qt 956 42 44 04°l« " ` 2.13 12v 0()324 1, 87$ 563 64'1,2°« 224 221 0032408 811 224 27.62% 82 84 0032411 522 401 76.82%« 164 144 0032412 1004 679 67.63% 312 238 00.32413 962 560 582 °I« a 239 179 0Q32414 543.. 36t 65 TG°f« 1S5 132' ti,. 0032415 w 654 432 66>06°f« 202 163' :` 0032416 908 500 55.07% 196 165 0032418 616 199 32.31% 80 63 0032419 799 352 44.06% 152 124 bo326U1 1796 969 53 95% 417 °290 y 00326t 2 189$, 1146 60-81% 528 3$5 00326t33 2239, 1277 57 Q3°1« 53 49 0032604 1497 955 63.79% 422 332 0032605 1875 1166 62.19% 513 409 0032606 1266 748 59,08% 296 250 0 329t}t 176 106 6U.23ala 37 42 0g32$02 -49 30 �i1:22°f« 15 11z 0 ,v Precinct N CO C Party Member Registration V A , :<Ballots Cast Turnout 0-Huntington Beach, �zHuntington Beach City Charter Section 617, Infrastructure Fund Measure p O n w O CA cNn',i'. NO `G 3 N CD W °s 4r;Yes 3 0 tr<-° N m cQ 0 w ib 0 0 rn w 0 Vote-by-Mail Totals Orange County Statement of Votes Page 2581 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure d L 2 = i � U 3 m V � N i N O m J mE U C t° m V N 3 C C S O N ' O v O o a m E'- OSU) U- z > 3 # 21�51" 'h r1d ,rsf rta s _ z" • er § # 'f5 LL1a� £' °k' 'Jiix, Pa t 46th Congressional District 128824 38015 29.51% 16697 13726 67th Assembly District 128824 38015 29.51% 16697 13726 Coast Community College District 128824 38015 29.51% 16697 13726 +roast tCaYllitt� �cteetStrftUt€�2 Ar 45 fJlU 2f 3348 ooast Doxrtrnctnt eDDrstrtct�irilst�e r 28 85°� � c*,P� ,a � 8 7 � t �'` �' o �e Coastor�trnurttty e County Board of Education Trustee Area 2 128824 38015 29.51% 16697 13726 " Fountain Valley School District 11343 3641 32.10% 1672 1199 Huntington Beach 128824 38015 29.51% 16697 13726 Hunit� tonBeachrty.SetiootDrstrict 59 185(3 285°fa 7647 6,542 Hunctan eact� fruon Higfichoot Drsti7ct 128 38012 2g 540 16697 13724 - - � Los A1a�iitc�s Uttilied Schooi District �,; `16ii F`3 1 88% : ` � � ,. €# 2 ' ,_�' Los AlamitosUSD SFID#1 160 3 1.88% 0 2 Municipal Water District Of Orange County 128824 38015 29.51% 16697 13726 Municipal Water District of Orange County Div 128824 38015 29.51% 16697 13726 OcBarit[ew$ehaot District 528 14886 " 2$34a1a 666$ 538'8' Oran e, ttfy f; g 1288 3801 29 51°la " r x `a r16697 .13726 a p ©rangEapre#}i Vflater District i24, 38015 2§:51°7a 1fi69? 13726 ! F Orange County Water District Division 4 15011 4955 33.01% 2069 1841 Orange County Water District Division 6 109276 31676 28.99% 13995 11422 Orange County Water District Division 7 4537 1384 30.50% 633 463 State Board,of Equalrzaign{3rd:Distnt� 128824£ 88015 29 5}°Ia f6697 C3726°' F Westrwnrtster SChoof D�Sfract 48 4fr35 32 77fl1II Totals:� 128824 38015 29.51% 16697 13726 Grand Totals Orange County Statement of Votes Page 2582 of 2630 O-Huntington Beach,Huntington Beach City Charter Section 617,Infrastructure Fund Measure m ;r C t d — U 3 rn y t c y c m m m 7 _ 0 r m U '— « ; h 3 = o ` c E x c u c a N_ p a. m F OSrq IL Z �Jt1t{ItttitfesYuttG `. f 1 €#24b041 imp ` Ptsottal 3tstrtC# 12$824404547°lPa 12-8824 7 U43S" 57 r 3155_ .r 46th Congressional District 128824 74041 57.47%° 31555 26343 67th Assembly District 128824 74041 57.47% 31555 26343 Coast Community College District 128824 74041 57.47% 31555 26343 oas#l (-Xi stlEege Its#ftc# uSt 34457 18856 57 63(a ° 584 3a 3^tt47S7kUft!#�r CAlege:l3tS#rtE#T[t�5#� r% ��58$$ 4272YJ 5f?Z9% r 129 t5 fb° z x 5�.O,TritCtfi#i :Coll �115#rtE#TT""t1S#eE'aAr, � 11{ltI $t}�J'�°/u � t -x _ euk... w<xil '.�� County Board of Education Trustee Area 2 128824 74041 57.47% 31555 26343 Fountain Valley School District 11343 6789 59.85% 2943 2311 Huntington Beach 128824 74041 57.47% 31555 26343 Hunfu�gton Beach�C�#y Scholstnet 59803 34456 572°( � 14374 12360 f1uUnc�tclnach"'UruonHighDls#nct 128664 73918 5759p r15#2 26300 �i Lrtai#gg tllif3ed Schpol Cstri t "°_ 160 123 76 88°fo ;` 43 ,,� 43 .,, .' „K..,, �., ...,_., �. .......:. Los AlamitosUSD SFID#1 160 123 76.88% 43 43 Municipal Water District Of Orange County 128824 74041 5T47% 31555 26343 Municipal Water District of Orange County Div 128824 74041 57.47% 31555 26343 Ocean View Schci4l DtstrzGt k ,g 52528 29669 56 48°/p a 12898 1(j542 {3€artge Oous3ty � '-a 12882�4 s 74t341 57 47°la +t 3 �5 n .. 26343 ' xE r z a3'55526343a _rangeaCounty tNater Drsin 128824 74041 S7r479 Orange County Water District Division 4 15011 9279 61.81% 3890 3345 Orange County Water District Division 6 109276 62001 56.74% 26500 22043 Orange County Water District Division 7 4537 2761 60.86% 1165 955 tateB©arj'oq tI t""iza"ftor(3ro District}" '128824 74041 57 47°I 3 t555 26348 testminsterchocr(1strtct k 4990 30Q4 60 20© - 1297 1087 Totals: 128824 M411 57.47% 31555 26343 ' Orange County Statement of Votes Page 2583 of 2630 P-Huntington Beach,Huntington Beach UUT Modernization/Reduction Measure c o = '� F, o ' 5 N V D 7 d O m � O R t O N d U N a a m te a Z = a10 _ 0032,40 41 5 1£k ,� y 242 � r p r =s f 0032106 903 452 50.06% 100 243 0032109 980 650 66.33% 167 346 0032110 1066 622 58,35% 155 321 fl03213$ 8fl6 3� 4?1� � 10 1$Fi t 0�# 85 0032141 1144 745 65.12% 217 395 0032142 945 551 58.31% 112 333 0032143 522 415 79.50% 104 241 fJQ32144 44 - 3214 a04i79 67 a 174 37$ a {1032146 1`072 63 0032147 494 380 76.92% 76 232 0032149 860 560 65.12% 158 301 0032150 956 659 68.93% 190 343 (}032151: 509 � 8 7564°{04 x222 0ft32t5Z Of E `a$5 0032153 ',7$fx ac„ra33 ..�8:2 °74 140 " SAT .x 0032154 818 527 64.43% 151 284 0032155 751 522 69.51% 162 279 0032157 786 687 87.40% 195 366 0032958 $21 - 7 6 06°Jo fl032t59 �`$3AM�830. 732I°f� 11€6 fl03160 856 31#3 37 0032161 1127 551 � 48.89% 148 285 0032162 545 338 62.02% 82 195 0032163 610 404 66.23% 99 229 (#032165 665 431' $5 71°la a_ 119 :210 0032166 7$0 47�- 0032167 ,: 560 2 461°Ia $ 142 0032170 652 448 68.71% 120 254 0032171 1083 471 43.49% 126 255 0032173 950 456 48.00% 131 236 0032174 1014 491 4842°l° °' 111 271- 0032175 1007 710 70 5111, ' 196 e " 3 361' ' Ofl,32176, °7a 209 397 °^ 0032177 790 397 50.25% 98 234 0032178 858 282 32.87% 64 156 0032179 1020 597 58.53% 133 372 00321 ff4' 946 6a td 140 326 OQ321t3 1$4 fi$6 $313°l0 184 370, 6032190 706 43( 9t°fg �� . 115 0032191 839 524 62.46% 143 291 0032193 903 547 60.58% 145 300 0032194 680 353 51.91% 83 204 032 95 938 496 r 52$E3°l° 13 2Q, 0032t96' $56 "? 2£2' a 32 °fa 46 1��: Orange County Statement of Votes Page 2584 Of 2630 c o = F O r U •d 6dt t d d O m 0 � O N ' d U N O C O 3 >, p O - N �0 3 0 Gdi O m IL a m r a x 2 z 2197 i#} 1572 6 :43°a .a' 139 324 ,. Ali 3 i 0032198 623 416 66.77% 110 240 0032200 9.77 675 69.09% 180 377 0032204 609 332 54.52% 85 183 �32207- 1 t$3 f 5 2 4Q4 971 3Z3 3 a$s 2VJ... a 46 n..: ram.,.�.l4 0032209 777 493 63.45°I% 125 277 0032232 951 487 5121% 107 279 0032247 817 527 64,50% 129 292 0032248 S t2 316 fit 72"!0 1 93 171' a A 3OWL, k y t3032266": $15 '":s4554 . 67 9$°!0 w 141 323 kI032267 677 a o " „ 0032269 696 494 - 70.98% 144 265 0032270 903 601 66.56% 156 358 0032278 878 309 35.19% 71 169 0032280 647 474 73 26°!0 ' 97 292t a (90322#32, 91 ' 5Ct2 54�7410 0032283 . 7$2 566 72 38°!0 1 149 '317 ' k, 0032285 650 454 69.85% 113 261 0032286 999 411 41.14% 95 243 0032287 1082 632 58.41% 155 355 0,32289 °409 292 �71 38°l0 � ' t 2290- 684 31 438 164 04% 243?}¢ " a 0032293 7 iij 430k58.82 % 126 235.E { 0032295 1052 636 60.46% 194 331 0032300 308 192 62.34% 55 110 0032301 1018 619 60.81%/% 144 332 0032302_ 797 501 n: 628&°!0 �' -13462, 1 3 0032303 49. 596 ; ...6T 80°l0 155 324 . 0(}32345 979 648 66,19°l0 *„ 200 321 .,.. 0032306 840 566 67.38% 173 320 0032307 962 551 57.28% 110 322 0032308 843 621 73.67% 173 341 0032342. 584 11 252 = 43 45°!0 55 145 0032320 831 490-- 58 97°!% 3 276 0032321 561 388 ;_ 9F:1&°fog4 106 23U' -" 0032322 667 336 50.37% 98 166 0032323 956 549 57-43°/% 143 298 0032324 782 399 51.02% 101 232 0032325 951 533 56 05°ja 145 281. 0032328= 564 " 409 72 521% t"" 95 247 OU32320_ 845 '616 = 729f°lo ,z 1fi3 341 0032333 886 544 61.40% 122 328 0032335 1109 526 47.43%% 100 319 0032336 733 352 48.02% 92 185 6032337 712 § 374 '< 52.53°!% 103 189 0032338"` t685 494 45,53°!a s 122 26"5 fl032340:`; 77 4!6 53 82°0 97 23 0032341 860 428 49.77%/% 96 235 0032343 980 645 65.82%/% 160 371 ' Orange County Statement of Votes Page 2585 of 2630 o = cis 0 i71 d = d d = d = O m 0 4) U _ - C N d Y1 0 = C 7 0 i 0 d O d a a m I-- a = 22. z > 0032345 846 527 62.29% 139 293 0Qn26• 0 r " 7 z pew p .. °�O fi � t ` $ x V.l� 3;, SJk .m. d-n ,.., ....,.�:, u*. ,x 0032349 859 544 63.33% 149 304 0032351 905 575 63.54% 161 313 0032354 916 584 63.76% 149 337 i7t ![13235fi $22 € 36 r �k' « - r qg 'kk.� 0032361 858 436 50.82% 110 232 0032362 160 123 76.88% 29 65 0032365 1028 627 60.99% 138 358 flQ32 948 463 48 4°Ia xtx 111 262 I} < 00327{ 11Q1 346 31 43°Ja a`' }g 87 20fi 4 �„ 0Q32371 856 461a; 53 86°Ja r E 18 2fi8, ' 0032375 935 624 66.74% 169 345 0032376 873 397 45.48% 101 217 0032378 855 396 46.32% 96 210 QQ32379 943 s 44 DJa ;i1Q8 '220a� 4 - � 1?032 'Al 97 "� 343' 35 29°!0 ��� � 8� 17Q 2 `okftR 54 148: € flt33�383 727 ,= 24Q_ 3 0710 .; n a _ .'. . ,,�,.. .> "' 0032384 795 248 31.19% 38 . A » 147 0032385 935 363 38.82% 87 202 0032388 589 329 55.86% 91 182 0032390 ,mr 76i 0032392 92$ A 824 6581°Jo $ 154375' 0032395 819 309 37.73% 74 161 0032397 613 300 48.94% 56 177 0032398 671 245 36.51% 57 136 0032399 390 228` 58 46°Ja At 75 ;rc 0Q3a�400421 a Spa 563 sa of�o 117 z2 ' , 0 03�4Qt 28 r 341' e 0032408 811 224 27.62% 43 130 0032411 522 401 76.82% 98 220 0032412 1004 679 67.63% 171 387 fl0324'13 962 560 58 2{1% 134 ', 313 a ' r 00324�14 0Q32415 654 ._` 432 .., , 0032416 908 500 55.07% 113 280 0032418 616 199 32.31% 53 88 0032419 799 352 44.06% 89 190 0032¢01 1796 968 53 95°I° 214 gg�H 522 '� - s -i� gM r+v � 0032602 1898 r ^ 114 60,, ;1-84 6$4 00326,Q3 2239 1277 57 Q3aJa = 328 73°, r " 0032604 1497 955 63.79% 239 535 0032605 1875 1166 62.19% 307 659 0032606 1266 748 59.08% 189 387 QQ329p1 17$ , r 1QG? 6023°Jo e 39 'r 6lx " , 04329b2 49 17 �; }'a Precinct w "�l w W Party Member Registration V O Ballots Cast w A� x V e r=r,Turnout ,P•Huntington Beach, Huntington Beach UUT Modernization/Reduction Measure CO C 4 00 No d A CD N:fig Yes cp N air+ N co O N O) W Vote-by-Mail Totals Orange County Statement of Votes Page 2587 of 2630 P-Huntington Beach,Huntington Beach UUT Modernization/Reduction Measure r- o t � U N @ D m R 0: m C1 0 O O E c o _ d U _ N d t1 N O = _ N C O O d p y ' 4) o a Car a x z > nd dttCa �k Cctki3t i a 12$82 3 � f� x '3s ridup*�rsctitat Ltrtett , 1Z88 «£ 51 37 Nk 46th Congressional District 128824 38015 29.51% 8703 22737 67th Assembly District 128824 38015 29.51% 8703 22737 Coast Community College District 128824 38015 29.51% 8703 22737 Caas#Comttttr � siiege'Otstnct Trustee At i 344 73 06 x9 33°X, 1 I✓ astCttt�tt tuna nege=Dtstrtct Frt stee Ar 7 89t3 Cvfoltrxaiuiy Cgegs t)stnct Trustee Are 1680 County Board of Education Trustee Area 2 128824 38015 29.51% 8703 22737 Fountain Valley School District 11343 3641 32.10% 881 2131 Huntington Beach 128824 38015 29.51% 8703 22737 Hunhctg ort Beach Ctfy&shoot District 598 1 `60 29� 4flS74 Huttttrtg#an Beach Untorx f ftgh�Scttao(D strict 128664 38012 29 a4°fog Los Alaii�tto`s Unirted Se[ibcs>13tstr%ct . 1 t3€i°k ;r7 2736 k 2 ° Los AlamitosUSD SFID#1 160 3 1.88% 1 1 Municipal Water District Of Orange County 128824 38015 29.51% 8703 22737 Municipal Water District of Orange County Div 128824 38015 29.51% 8703 22737 E7Gean Vtew 8e9©!L7tstnct 52v28 1488 28 34°la 3410 8g59 flrange-Codnt 128fi24 g; 38£115 29 51�fo 8703 - 22737 Oran e, flun 1+Vater C}tstnGt - 128824 a 384 29 8703 22737 m , - Orange County Water District Division 4 15011 4955 33.01% 1121 2902 Orange County Water District Division 6 109276 31676 28.99% 7254 19015 Orange County Water District Division 7 4537 1384 30.50% 328 820 Stata-Bt�r crf Et ualtzat<c?n(3d Dtstnct} =128& 3801a 29 5J $7T? a,-22737 festrftitistXctt9oi Qlstr�ct 4 t 1635 972 r"f � : Totals: 128824 38015 29.51% 87031 22737 Grand Totals Orange County Statement of Votes page 2588 of 2630 P-Huntington Beach,Huntington Beach UUT Modernization/Reduction Measure c o .� F O t b u O m O N 0) a N V S P+ N O 3 �E d n m I.- n. _ 2 g Z 2nd{ t tltctai{Vtft✓ottrt ., x s xR .- 5s #28824 74041 57 47 t8787 r41� � 2nct5tpnxtsona ?ttnd f28824 74041 5747% 18787 � � 3afett�ete�tFl6 .ca ..., x, x .128�824 , _ ,'74tT5747° a 18787 4G3 .. e. ._ � .. ._ 46th Congressional District 128824 74041 a 57.47% 18787 41102 67th Assembly District 128824 74041 57.47% 18787 41102 Coast Community College District 128824 74041 57.47% 18787 41102 Baas#Ccrmtzn ����]tlll � tst�ctTrus#eeAr� 34457 �9856 - 5763°t© £ ��' S"00 ,;�'~°��tt� � ; °r* k Cc m tG oU e.tSts#nct Trustee Ar 75898 42725 29% t tfI�75 3643 k � oas CvmtrttatyifgLS�stnct Thus#ee Ar 16692 10100 #i0 51% "r3` 2578 J t,q �S65 N County Board of Education Trustee Area 2 128824 74041 57.47% 18787 41102 Fountain Valley School District 11343 6789 59.85% 1764 3751 Huntington Beach 128824 74041 57.47% 18787 41102 1 tunf�ngtc tt ea t ly Seheiot Dastnct 59803 3445( 57 62°la s s 8706 i 99 [irtnNgaUton ti�SchooF Cksfnct 128664 73918 57 45°�4 18758 4 1IV dos Alan 7ttfid Sehoctt Dtstnc#; 160 123 QQ Los AlamitosUSD SFID#1 _ 160 � �123 76.88% " 29 65 Municipal Water District Of Orange County 128824 74041 57.47% 18787 41102 Municipal Water District of Orange County Div 128824 74041 57.47% 18787 41102 f3cean Vivsr`Scftot}3tsti ict 52v28 b '29669 56 48°1a526 165i ` Orange un#y s f128824 74041 57 47° 18787 �'4"1 i02 f?rar}ge"County Cqmnty Water District �128824 J 74a41 *57�t7�lo i878� 41142 Orange County Water District Division 4 15011 9279 61.81% 2350 5081 Orange County Water District Division 6 109276 62001 56.74% 15742 34488 Orange County Water District Division 7 4537 2761 60.86% 695 1533 State"Board of Etfuatizat<on{3rdJD�s } "928$24 7404 f 57 47°fa �J'° 18787 41102 Westminster"School fl�Sfr Ct 4990 .,, 0 2DIN > 762 1702 ,W Totals: 1 128824 740411 57.47% 187871 41102 Orange County Statement of Votes Page 2589 of 2630 Q-Huntington Beach,Huntington Beach Private Wireless Communication Facilities Advisory Measure o m r A O N i R � d N V a t�1 C a E N `w oap E E c o v es U) C a O 0 = N it i 2 = >y� .v N a a m F CJ S ?y tL Z } 21t}4a ' fi °/ee 123 z i 53 # $ 7 82 u9°1° r 249 13Q z ' 24 0032106 903 452 50.06% 211 182 0032109 980 650 66.33% 280 290 0032110 1066 622 58.35% 270 253 if32388fr '° � 87 140E s� 539247" 65 ° 14 f � 144 ' � s ...#,. 0032141 1144 745 65.12% 312 329 0032142 945 551 58.31% 249 226 0032143 522 415 79.50% 198 154 0�14x�k4 r 51"t3 68 65%% 29$ 167E u s < 214s� 0 679 �56?°l0 33 273 s 0 2141s 72 633 v, 59 05�t© 273 257 0032147 494 380 76.92% 198 122 0032149 860 560 65.12% 276 196 0032150 956 659 68.93% 442 165 0Q32151 3$ 764°fo 160 r 161 ' flt)325 °r 316 391� 2 6 °f° 206 12 0032453 781 533 6$.25°fa .c ' r.." 2`k8 `'". 214 s R 0032154 818 527 64.43% 214 228 0032155 751 522 69.51% 258 198 0032157 786 687 87.40% 441 191 003216 1� $21 s` . 667 69 06°1° 263 20 R 0032159 873 6 9 7 0% 458 139 0T332 tCi a" 56 ,r 3 t 375 a.: 143 1I$ 0032161 1127 551 48.89% 261 191 0032162 545 338 62.02% 166 117 0032163 610 404 66.23% 228 128 002165 6653 ,' 65 7 t°f° 173 78a t p32166 7$0 - 47 t 60 38°I° 2Ofi 205 t 32167 580 272 `46.90% 11{1i 1�3 - 0032170 652 448 68.71% 233 165 0032171 1083 471 43.49% 200 178 0032173 950 456 48.00% 213 171 003217 1014 4 48:42% 230 176 7a 3 0fT32i751007 7 i 0 70.51°I° 35t 264 0 032i7& V, 996 747 75,tb'%' 51150, 0032177 790 397 50.25% 176 166 0032178 858 282 32.87% 101 125 9032179 1020 597 58.53% 309 213 00321, 946 584 63 31% „28$ "205 0032ftS8 10$4 685 631$°l0 366 234 Qg32190 �," 706 43 � 60 9° �: 223, 1,4 "s 0032191 839 524 62.46% 272 191 0032193 903 547 60.58% 330 150 0032194 680 353 51.91% 173 133 0032Y95 18 496 ° 207 212 Q032196 . 856 282 32.94°la 118 11,1 , " Orange County Statement of Votes Page 2590 of 2630 0 > z: (L Ix m E M (D (D 0 ED .0 z '6 c 0 E M 0 r_ U, 0 E 2 0 7777777777 cL cL cy M: z A gO32 0032198 623 416 66.77% 179 182 0032200 977 675 69.09% 326 250 0032204 609 332 54-52% 116 161 MM", jp _233 4515 M,.PW�l '66 idl 00329 Lv I-/Q'_,0 i 15 P� IU1 16 ' R* A 0032209 777 493 63.45% 194 234 0032232 951 487 51.21% 225 188 0032247 817 527 64.50% 235 203 r s 6V7,,2% M A�36( TUZA, wy, `1,1`023 11"0 0032 A ,2 A 43, -ARM 00322 T 711 3 7 0032269 696 494 70.98% 220 208 0032270 903 601 66.56% 276 255 0032278 878 309 35.19% 125 118 "60 647 54V"� 474 P� �24� 181 W, z Ve,FRI I " ' I -z 0032282�'' 80 '502, '54',74 F, FF, _ d'P" '6 '0 'N" ' ..'I-I I t, w,"Aa Se 175 _7� 0632283 52 0032285 650 454 69.85% 236 167 0032286 999 411 41.14% 218 129 0032287 1082 632 58.41% 368 196 -jl,�OQ3'209, 242 i" ro 0032-299, w `3 0032� M7v 2 F_ F 7 A 0032295 1052 636 60.46% 330 228 0032300 308 192 62.34% 94 74 0032301 1018 619 60-81% 307 201 0032302 501 '20 197 0 .....17 67M% 240 9423Q3 45 379 �4 06=05 Fl,�� ,,, 0032306 840 566 67.38% 352 155 0032307 962 551 57.28% 260 205 0032308 843 621 73-67% 344 199 OP231iz 584 252 4 3l % 94. . 14' x"0032320 831 496 211 J85 0 032321'� k" �561 388 0032322 667 336 50-37% 152 130 0032323 956 549 57.43% 220 245 0032324 782 399 51.02% 187 157 002325 56�0�-/. 1-951 533 ,215 A 0632328 564 449 72,62 34 133 '616 00�2329 226 0032333 886 544 61.40% 303 180 0032335 1109 526 47-43% 223 203 0032336 733 352 48.02% 153 145 0032337 712 54 56 0032 '494 45.53% 032 3 -,53 82 17 0032341 860 428 49-77% 173 175 0032343 9801 645 65-82% 2861 261 Orange County Statement of Votes Page 2591 of 2630 0 .2 c; 000 0 E u) > 0 0 0 4) (L M m F U SLL z 0032345 846 527 62.29% 230 219 3 -A, 4 304 W 7 R gg', A 0032349 859 544 63.33% 270 200 0032351 905 575 63-54% 271 223 0032354 916 584 63,76% 280 226 01ce; IN All R yI, 0032361 858 436 50.82% 255 126 0032362 160 123 76.88% 1 49 49 0032365 1028 627 60-99% 383 173 "M B, '41"1 q 6632369,, �4 44,1 P% ? 7 -Y 2, 003237, ,�346 IM 00323 5 935 624 66.74% 267 268 0032376 873 397 45.48% 180 153 0032378 855 396 46.32% 166 166 IC 9 43 434 M ve ....... _32381 2`�,I X j3f 82383 12, 0032384 795 248 31-19% 108 89 0032385 935 363 38-82% 165 132 0032388 589 329 55-86% 159 124 ng, 0032390, '66 00,32392 928 �4K393 0032395 819 309 37-73% 148 110 0032397 613 300 48.94% 134 114 0032398 671 245 36.51% 92 106 Ut1 "Al 114�K --W 228 4 323,99" 396 1� % I,p ,'421 ;,44,�04 115 966 3240 M 64-12 221- 261 0032408 811 224 27-62% 99 80 0032411 522 401 76-82% 205 165 0032412 1004 679 67.63% 321 264 8- 13" 9 4 247 o6324 62 560 5 2 7v� �4 Q032414 549 Z611 415 66� -216 4 0032 0032416 908 500 55.07% 196 210 0032418 616 199 32.31% 67 84 0032419 799 352 44-06% 161 136 4� 00,3�iMi 1796 Z 43 '11446 laga 46 Wri 0032604 1497 955 63.79% 513 321 0032605 1875 1166 62.19% 505 481 1OZ3 0032606 1266 748 5 .0 332 271 _4 06,_ _6 3$ 30 Ap 0 . Precinct § Party Member Reg�!#« k� . Ballots Ca w : w ''Turnout � Jm K`Q.H»AglnBeach, Hu«nrmBeach PAa ,Wireless. comm»ic i 7admeaw.o Measure o . . � § ~ n w o �m . c , @ ~EN", § w2 �<> ®\:Aa CD� 0 f ` « � ■ . A . � . � f k . / ,Vote-by-Mail Totals Orange County Statement of Votes Page 2593 of 2630 Q-Huntington Beach,Huntington Beach Private Wireless Communication Facilities Advisory Measure c � N t6 O > to N N U CL 4) m O O E a d w O m E 5 E m = o V Q y 3 c w N t) „ O C _d •y L O i .�. y t) Yf o a m 1-- C7 x LTz } grad JzdilCcrttt# u824 a "38ff1a o_ 3 51 9${1fi{t� 2nd eta _ a[i? k a0,P R 46th Congressional District 128824 38015 29.51% 17980 15083 67th Assembly District 128824 38015 29.51% 17980 15083 Coast Community College District 128824 38015 29.51% 17980 15083 1Qastat�auO+ty Q .Dattr Txazs r3445 � 10 2J f �J s353� adz , Coast �ra asn, rus s9 52Q3 .: . 1 17`Yo .,.: ... 8q 2148 County Board of Education Trustee Area 2 128824 38015 29.51% 17980 15Q83 Fountain Valley Schoo!District 11343 3641 32.10% 1589 1500 Huntington Beach 128824 38015 29.51% 17980 15083 tuntaragra Bei Caty School Dastrct98fl3 17$6#} 29 851a ��7 7724 7668 , F{laratang.ton B A a Llraton h School DIstrid 128664 "3$012 29 54°fa 17979 15fl82 fXV t os Alataatosra}fled Setat}3aslirct '. 16t3 3 1.880` 1 '„ 1 Los AlamitosUSD SFID#1 160 3 1.88% 1 1 Municipal Water District Of Orange County 128824 38015 29.51% 17980 15083 Municipal Water District of Orange County Div 128824 38015 29.51% 17980 15083 ara ltaeanr of Dastrrc x. a5v2$ 14$$6 s 2$344 7886 5285 C3EangE Gottn yk k ? 128824 ,3$01fi 29 51°i 17986 15t1$3 Grange County lt€oter C}rsTtact 12882-03801,5, "" 9:51°, 179$Q 15t}83 r a, .f - Orange County Water District Division 4 15011 4955 33.01% 2722 1721 Orange County Water District Division 6 109276 31676 28.99% 14646 12812 Orange County Water District Division 7 4537 1384 30.50% 612 550 Mate and of Equal a pia rd tract} 12�824 '_8015 ;29 !°!a 17980 15083 „ '.` Wetmaraster Scka�ol D�straet4990 16352 77%71 8D0 629 u- Totals: 1288241 38015 29.51% 179801 15083 Grand Totals Orange County Statement of Votes Page 2594 of 2630 Q-Huntington Beach,Huntington Beach Private Wireless Communication Facilities Advisory Measure = d R O N R R d In U O = d E N Om Ev E R c 0 V Q Ci '_ q d U '� N p i O i = = y N a m F Q 2 ti Z r 1ndlt�d�cat it€es$ urt} r fi` ? �`€4 %?4?°% a35$34 2767 .� 2nd Su� is�ulat t��tnct� 1`28$2�4 �� 4�0y4`1 '�z � �z �,�, � k , 46th Congressional District 128824 74041 57.47% 35834 27674 67th Assembly District 128824 74041 57.47% 35834 27674 Coast Community College District 128824 74041 57.47% 35834 27674 Coast+ cnuntty allege pistrrct Trustee Ar` t 9� 10100 6t?51°la 544 y. 39 :xf u= &. , County Board of Education Trustee Area 2 128824 74041 57.47% 35834 27674 Fountain Valley School District 11343 6789 59.85% 3013 2699 Huntington Beach 128824 74041 57.47% 35834 27674 Huntington Beach City �9803 34456 57 62°fa f 13w HuntfngnBeai> naon}1thSckootDt�stnet 12$664 733t8 5?�45 s �85 2762 g r Los Amito tJrsifid Sctieierl 10istnct 4.x .. �160 123 -w 76 8$°la 4 la s Los AlamitosLISD 8FID#1 160 123 76.88% 49 49 Municipal Water District Of Orange County 128824 74041 57.47% 35834 27674 Municipal Water District of Orange County Div 128824 74041 57.47% 35834 27674 Ocean l iest7 Ss hao!Drstciot :522$ 296696 48%a ' r 15$77 99$t} Qrange County , 128824 74f14� �- 57�°47°la _ , 3g834 27674 Orange County Water Dis#r of r 128824 74041 Y 57 4i°lo ,, ,35$34 276'' Orange County Water District Division 4 15011 9279 61.81% 5134 3054 Orange County Water District Division 6 109276 62001 56.74% 29466 23558 Orange County Water District Division 7 4537 2761 60.86% 1234 1062 State Board o€,D�eatizatjorr{3rd DES#rrc 12$�24 74041 '_h 57 470 9 w 35$34 $ -''27674 WeStmrrtsterSCt�o ?�strtat r Totals: 1288241 74041 x 57.47% 35834 27674 Res. No. 2010-92 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CV1 Clerk and ex-officidXlerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 DRAFT CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE CITY OF HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF HUNTINGTON BEACH ) We, the undersigned, , Mayor of the City of Huntington Beach, and Joan L. Flynn, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned was a municipal corporation, duly organized in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29t" Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively. That on the 7t" day of June, 2010 the City Council of the City of Huntington Beach passed and adopted Resolution No. 2010-34 calling for a General Municipal Election to be held in the City of Huntington Beach, on November 2, 2010, for the purpose of submitting to the electors of said City a certain measure to appear upon the ballot, proposing certain amendments to the aforesaid Charter. (Exhibit A— Measure N which passed and Exhibit B - Measure O which failed) They further declare that the foregoing constitutes a true and correct statement of the proceedings had by the City of Huntington Beach and the City Council of said City in the presentation of said amendment to the Charter of the City of Huntington Beach and election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Huntington Beach in Huntington Beach, California on the day of 2010. Mayor Joan L. Flynn, City Clerk ATTACHMENT #3 CITY OF HUNTINGTON BEACH CITY CHARTER i` IN MW =` � AM!. ® i i Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 Amendments...................................................................5/9/49 Revised..................................................................................5/1/50 New Charter..................................................................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments.................................................................7/17/78 Amendments..(Consolidation November)................................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 Revised........................................................................12/6/10 City of Huntington Beach City Charter Page 1 of 20 1216/10 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Sea] Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Manager Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council,Attorney, Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312.Vacancies,Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager. Composition,Term,Eligibility,Removal Section 401.Powers and Duties Section 402.Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards,Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 12/6/10 ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601.Annual Budget,Preparation by the City Manager Section 602.Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605.Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608.Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612.Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII.ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704.Nomination Papers ARTICLE VIII.MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review CHARTER We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California, we do hereby exercise the privilege of retaining for ourselves,the benefits of local government,by enacting the laws,rules,regulations and procedures set forth herein pertaining to the governance and operation of our City It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally,as well as morally, abide by the provisions of this Charter,in its strictest sense,to assure the continued success and well-being of our fair City. City of Huntington Beach City Charter Page 3 of 20 1216110 ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL.The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Manager form of government. ARTICLE III ELECTIVE OFFICES Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City City of Huntington Beach City Charter Page 4 of 20 12/6/10 Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council, the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month.In addition,each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their serving as City Councilpersons. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act,by a majority of the members of the City Council. City of Huntington Beach City Charter Page 5 of 20 12/6/10 (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter.It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance,resolution,or order for payment of money, or upon the demand of any member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305.PRESIDING OFFICER.At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people, and as occasion requires, may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shalt serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEM PORE. 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. City of Huntington Beach City Charter Page 6 of 20 1216/10 Section 307.NON-INTERFERENCE WITH ADMINISTRATION:Except as otherwise provided in this Charter,no member of the City Council shall order, directly or indirectly,the appointment by the City Manager, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry,the members of the City Council shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member of the City Council shall give orders to any subordinate of the City Manager, either publicly or privately. No elected department head or staff of the Office of the elected department head shall be a member of the management negotiation team for the purposes of negotiations of memorandums of understanding with the employee bargaining units. Section 308. OFFICIAL.BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309.CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. (d) Attend all regular meetings of the City Council,unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. City of Huntington Beach City Charter Page 7 of 20 1216110 (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books,papers,files, and documents pertaining to the City's affairs. 0)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Section 310.CITY CLERK.POWERS AND DITTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. 0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. City of Huntington Beach City Charter Page 8 of 20 1216/10 Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury experience,and have either: A Master's Degree in accounting, finance,business, or public administration; or A Bachelor's Degree in accounting, finance,business, or public administration with certification by the California Municipal Treasurer's Association, or their successor,within three years of election or appointment. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments,license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments, or from any court, or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into their hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted,then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (f) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them,at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant.If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. City of Huntington Beach City Charter Page 9 of 20 12/6/10 (c) Replacement. In the event it shall 'fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313.CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Manager or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (a) Composition. There shall be a City Manager who shall be the chief administrative officer of the City. (b) Term.The City Manager shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided, however,that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The City Manager shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Manager or Acting City Manager while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and, if requested by the City Manager,the reasons therefor. Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his compensation shall continue until removal as herein provided. In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and City of Huntington Beach City Charter Page 10 of 20 1216/10 the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager 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 condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402.ACTING CITY MANAGER. During any temporary absence or disability of the City Manager,the City Manager shall appoint one of the other officers or department heads of the City to serve as Acting City Manager. In the event the City Manager fails to make such appointment, such appointment may be made by the City Council. Section 403.PERSONNEL,. In addition to the City Council, a City Clerk, a City Treasurer, a City Attorney and City Manager,the officers and employees of the City shall consist of such other officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. City of Huntington Beach City Charter Page 11 of 20 12/6/10 The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system. By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system. The system shall comply with all other provisions of this Charter. It shall be the duty of all department heads,whether appointed or elected,to assist and cooperate with the City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance. Section 404.RETIREMENT SYSTEM. The City shall participate in a retirement system. Section 405.BOARDS,COMMISSIONS AND COMMITTEES.The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. Current technology shall be used to ensure the widest possible dissemination. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following,which shall take effect upon adoption: City of Huntington Beach City Charter Page 12 of 20 12/6110 (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein;however, such regulations and codifications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification.Amendments to the code shall be enacted by ordinance. Section 501.EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes.An emergency ordinance shall expire automatically after 120 days. Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose and using current technology.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City Council. Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager,personally, or through the Director of Finance, estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602.ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of City of Huntington Beach City Charter Page 13 of 20 12/6/10 the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.ANNUAL BUDGET.PUBLIC HEARING.At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604.ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION.At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however,that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607.TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute general obligations of the City; and City of Huntington Beach City Charter Page 14 of 20 12/6110 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars; Libraries not to exceed$0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax, or other measure whose principal purpose is the raising of revenue,or any increase in the amount thereof, shall be levied, enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions City of Huntington Beach City Charter Page 15 of 20 12/6/10 upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than$161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside-Orange County area. (c) Section 612(a)and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise,concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the parry performing such act or providing such service. (3) to above ground public works utility structures under 3,000 square feet; (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction,maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; or (6) to renewable energy projects that do not negatively impact recreational opportunities. (d) If any section, subsection,part, subpart,paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. City of Huntington Beach City Charter Page 16 of 20 12/6/10 Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Manager or other officer to bind the City,with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council,and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORDS. Except as hereinafter expressly provided,every contract involving an expenditure as set forth by ordinance of the City Council for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets, drains, sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is below the amount set by ordinance,the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at lower price in the open market,and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the amount set by ordinance may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615.GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, City of Huntington Beach City Charter Page 17 of 20 1216/10 without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617.INFRASTRUCTURE FUND. (a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5,2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians,parks,beach facilities,playgrounds,traffic signals, streetlights,block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five-(5)year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15%of general fund revenues based on a five-(5)year rolling average. (c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700.GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the city on the first Tuesday after the first Monday in November in each even-numbered year. Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California,as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. City of Huntington Beach City Charter Page 18 of 20 12/6110 Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards,commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," 'officer," or"employee" is a department, board, commission, agency,officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) 'Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a) includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented,exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: City of Huntington Beach City Charter Page 19 of 20 1216/10 1 (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. City of Huntington Beach City Charter Page 20 of 20 1216/10