Loading...
HomeMy WebLinkAboutProposed Charter Amendments for the election of January 11, 'Published-- Hun"glen--. .Beaek= Flews Nov; 25 .19651 ®4ffidai/it of Publication NNOTCE ICE FISPHEREBY. GNEN't atRp6 scant to Section 8,:Article Constitution of the State of,California.. State of California the following Proposed City Cha[teris County of Orange SS to be voted on at the Special Municipal City of Huntington Beach Election to be held in the.'City'_,of Huntington. Beach on Tuesday, the filth J. S. Farquhar, being duly sworn on oath, says: That he is a day of January,1966. w citizen of the United States, over the age of twenty-one years. That he.is the printer and publisher of the Huntington Beach PROPOSED s' News, a weekly newspaper of general circulation printed, published CHARTER OF. THE CITY Er, and circulated in the said County of Orange and elsewhere and --HUNTiNGTON PEACH ' published for the dissemination of local.and other news of a general character, and has a bona fide subscription list of paying subscribers, TABLE;.OF CONTENTS and said paper has been established, printed and published in the ARTICLE 1 E. NAM OF:CITY ;;.. State of California, and County of Orange, for at least one year next Section,i0o. Name 7 c before the publication of the first insertion of this notice; and the sectiom2ol: seal said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race ARTICLE tt."aouNDAR1E5 c or denomination, or any number thereof. section-200. Boundaries< The Huntington Beach News was adjudicated a legal newspaper ARTICLE ui,',StICCESSION -,.-of general circulation by Judge G. K. Scovel in the Superior Court Section 300. Rights and iiabili#igy h i,f Orange County, California August 27th, 1937 by order No. A-5931. section 301. .OrdinancesCoptlnue0 .T in Effect a tc NOTICE OF PROPOSED section 302 Rights of, Officers That the and Employees Pre served CITY CHARTER section 303.' Continuance 6f Pres;' ent Officers aadrrs of which the annexed is a printed co � layees =�r"i . p py, was published in said news- gg One Issue sue Section 304 Ci�ntinuance igb Cont dz tracts and Pu 51C Im=, as paper at least provements i taf Section.305 Pending .Actiofiscarrd 'ma commencing from the 2�dayof November Proceedirigs � t`� to Section 306 Effective._Date4 df f 19 65 25 th November Char'. and ending on the day of ' ARTICLEAV. POWERS`OF CITT_ Section 400. 'Powers of City 19 65, both days inclusive, and as often during said period and Section 401 ;P"rocedureig 7h times of publication as said paper was regularly issued, and in the ARTICLE V.`CITY COUNCIL A_NC EEC regular and entire issue of said newspaper proper, and not in a TIVE OFFICERS 4 ; t supplement, and said notice was published therein on the following s dates, to-wit: ,Section 500. -City CounCilw Olerkr'by Treasurer,and Attor4 November 25, 1965 riey Terms f4, Section Sol. Eljgib.Ility:` ;;• 8tid Section 502...Compensa#i_an g, Section 503., acancies Section 504 Presiding,Officer ;-, 1 Section_ 505. Powers Vested in City GKai Publisher Section 506.-..Regular •MiAetylgs section,507. Special I0eitn8s i cont i Section 508 Place�Qf Meetings "ri 0avt Subscribed and sworn to before me this day�? of section.So9 Quorlam, Rrotceedtpg t�tar Section%510 Citizen 'Barbctpation,� tfitiri 511 _Adoptlol;W a Or6e ancesar .l�e�olutions IMP Section 512 Ordinances.lriact Notary Public ment J'litk►tFafiQn" i e i Section 513 Codification Qf OCd4[ � A A Orange County, California Section 5l4 Ordinanc' igNhea Ef THOMAS D. WYLLIE 'tective3xsZ_ ° 'c NOTARY PUBLIC - CALIFORNIA Section 515 >Ordmagdq, 6lati6A1 ' r Penaffyi ksz c Section 516 Ocflthnce` � n PRINCIPAL OFFICE iN r men t ry a ;� Se ORANGE COUNiY Section 517. Publishfng3'" Lags MIT- --- r M Commission Expires Sept. 13, 1966 Section 518 Contracts : E>Sei utient r Y P p ..: ARTICLE VI: CIM AoOI)iNISTRA B ,1:r= rvea Section 601. `Rim Adroi �_ e5rd>:�iice' C9m1 Section_602. Eligipility_ OiiJir Section 603.. Compensation''.'a n d tie;t a .Bond Section 604 -Powers and Dut+eg mitt Sects n 60 t 6 < i are,;- Sect ind �� 8 I I1 4Y Section 07. Non Inse e ep�c 000 pcl i rljs t5 vy It resp+ vice Section 668. Noting C Ctty Rdr ir�iS rna i :- tratOC _q -�"-: COfFtI to x>✓ ARTICLE VII.OFFICERS AND EMPOLYE9S 'p + Section 700. Enumeration_ le,ge< !' section 701. Appointment and'`Re-. 6A& moval - adop Section 702. Administrative De- ho&B partments 3el Section.703, City Attorney. Powers T'RA[ and Duties `Al(`k Section 704, City Clerk. Powers_ or and Duties tive Section 705. .City Treasurer. Pow- -- 8 — — 9 — Section 1403. Grant to be in Lieu of all Other Franchises Section 302. Rights of Officers and Employees Preserved. Section 1404. Eminent Domain Section 1405. Duties of Grantees Nothing in this Charter contained, unless otherwise--specifi- cally provided therein, shall affect or impair the personnel, Section 1406. Exercising Rights Without Franchise pension or retirement rights or privileges of officers or em- ployees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect. Section 1500. Definitions Section 303. Continuance of Present Officers and Em- Section 1501. Violations ployees. The present officers and employees of the City shall Section 1502. Validity continue without interruption to perform the duties of their respective offices and employments upon the same terms and CHARTER conditions and for the compensation provided by the existing ordinances, resolutions, rules or laws, but subject to such re- moval, amendment and control as is provided or permitted in this Charter, and, as to offices which are changed, abolished or California, do ordain and establish this Charter as the organic superseded by this Charter, until the election or appointment law of said.City under the Constitution of said State. and qualification of 'their respective successors under this Article I Name of City Charter. Each elective officer whose office is made appointive under this Charter shall continue to hold such office subject to the provisions of this. Charter, but his retirement status, Section 1.00. Name. The municipal corporation now ex- rights or.privileges shall not be deemed to be changed,altered isting and known as the City of Huntington Beach shall re- or affected in any way by the adoption of this Charter so long main and continue to exist as a municipal corporation under as he holds such office. its present name of "City of Huntington Beach". Section 304. . Continuance of Contracts and Public Im- Section 101. Seal. The City shall have an official seal provements: All contracts entered into by the City or for its which may be changed from time to time by ordinance. The benefit prior'to the effective date of this Charter and then in present official seal shall continue to be the official seal of the effect, shall continue in full force and effect according to their City until changed in the manner stated. terms. Public improvements for which proceedings have been Article II Boundaries instituted under laws existing at the time this Charter takes effect, in the discretion of the Council, may be carried to com- Section 200. Boundaries. The boundaries of the City pletion as nearly as practicable in accordance with the pro- visions of such existing laws or may be continued or.completed shall be the boundaries as established at the time this Charter under this Charter. takes effect, and as such boundaries may be changed thereafter Section 305. Pending Actions and Proceedings. No action from time to time in the manner authorized by law. or proceeding, civil or criminal, pending at the time this Article III Succession Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected Section 300. Rights and Liabilities. The City of Hunt- or abated by the adoption of this Charter or by .anything ington Beach shall continue to own, possess and control all herein contained but all such actions or proceedings may be rights and property of every kind and nature owned, possessed continued notwithstanding that functions, powers and duties controlled by it at the time this Charter takes effect and of any officer, office, department or agency a party thereto, shall may be assigned or transferred by or under this Charter to shall continue to be subject to all its debts, obligations, lia- another officer, office, department or agency, but, in that event bilities and contracts. the same maybe prosecuted or defended by the.head of the Section 301. Ordinances Continued in Effect. All lawful office, department or agency to which such functions, powersordinances, resolutions, rules and regulations and portions and duties have been assigned or transferred by or under thereof, in force at the time this Charter takes effect and not in this Charter. conflict or inconsistent herewith, are hereby continued in force Section 306. Effective Date of Charter. This Charter until the same shall have been duly repealed,amended,changed shall take 'effect upon its approval by the Legislature after it or superseded by proper authority. - 10 — — 11 -- shall have been ratified by the qualified voters of the City in the City Council are then elected, a special election shall be the manner set forth in the Constitution of the State. called and held not less than 60 nor more than 90 days after the effective date of this Charter to elect two additional mem- Article IV Powers of City bers of the City Council for the remainder of the terms expir- ing in April, 1970. Section 400. Powers of. City. The City shall have the Subject to the provisions of this Charter, the City Clerk, power to make and enforce all laws and regulations in respect City Treasurer and City Attorney in office at the time this to municipal affairs, subject only to such restrictions and limi- Chaster takes effect shall continue in office until the expira- tations as may be provided in this Charter or in the Constitu- tion of their respective terms and the qualification of their tion of the State of California. It shall also have the power to successors. A City Clerk and City Treasurer shall be elected exercise any and all rights, privileges and powers, including at the general municipal election held in April, 1968, and each proprietary pavers, heretofore or hereafter established, fourth year thereafter. A City Attorney. shall be elected in April, 1966, and each fourth year thereafter. granted or prescribed by any law of the State, by this Charter, The term of each member of the City Council, the City or by other lawful authority, or which a municipal corpora- Clerk, the. City. Treasurer and the City Attorney shall corn- Stamightte of Cali eau, exercise under the Constitution of the mence on the first Tuesday following his election. Ties in vot- taffornia, as may be contained in this Charter.subject to such restrictions and ).imitations in- among candidates for office shall be settled by the,casting The enumeration in this Charter of any particular power of Section 501. Eligibility. No person shall be eligible to the generality of the foregoing provisions. shall not generality held to be exclusive of or any limitation upon, hold office as a member of the City. Council, City Attorney, Section 401. Procedures. The City shall have the power City Clerk or City Treasurer. unless he is and shall have been to and may act pursuant to any procedure established by any a resident and registered voter of the City for at least two law of the State, unless a different procedure is required by years next preceding the date of his election or appointment. this Charter. Section 502. Compensation. The members of the City Council including the Mayor shall receive as compensation for Article V City Council and Elective Officers their services as such a monthly salary in the sum of One Hundred Seventy-Five Dollars per month. In addition, each Section 500. City Council, Attorney, Clerk and Treasurer. member of the City Council shall receive reimbursement on Terms. The elective officers of the City shall consist of a order of the City Council for Council authorized traveling and City Council of seven members, a City Clerk, a City Treasurer other expenses when on official duty upon submission of item- and aCity Attorney, all to be elected from the City at largeized expense account therefor. In addition, members shall at the times and in the manner provided in this Charter and receive such reasonable and adequate amount as may be estab- who shall serve for terms of four years and until their re- lished by ordinance, which amount shall be deemed to be reim- spective successors qualify. bursement to them of other routine and ordinary expenses, Subject to the provisions of this Charter., the five members losses and costs imposed upon them by virtue of their serving of the City Council in office at the time this Charter takes ef- as City Councilmen. feet shall continue in office until the expiration of their re- The City Clerk and City Treasurer shall each receive a com- pensation for their services as such to be fixed by ordinance, spective terms and until their successors are elected and quali- which compensation for such services shall not be increased or Pied, and shall constitute the City Council until two additional members are elected as hereinafter provided. Four members diminished after their election or during their respective terms f office. of the City Council shall be elected at the general municipal of 503. Vacancies. A vacancy in the City Council, election held in April, 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the or City Clerk, City Treasurer or City Attorney, from what- general municipal election held in April, 1968, and each fourth ever cause arising, shall be filled by appointment by the City year thereafter. Council, such appointee to hold office until the first Tuesday In the event this Charter shall not take effect in time to following the next general municipal election and until his elect four members of the City Council at the general munic- successor qualifies. At the next general municipal election.fol- ipal election held in April, 1966, and only two members of lowing any vacancy, a successor shall be elected to serve for — 12 — — 13 the remainder of any unexpired term, if any. As used''in this adjourned is,not, stated .in the order of adjournment, such paragraph, the next general municipal election shall mean meeting shall be,held at the hour for holding regular meetings. the next such election at which it is possible to place the matter If at any..time any regular meeting falls on a holiday such on the ballot and elect a successor. regular meeting shall be held on..the.next business day. If a member of the City Council absents himself from all Section 507. Special Meetings. A special meeting may be regular meetings of the City Council for a period of thirty called at any time by the Mayor, or by a majority of the mem- days consecutively from and after the last regular City Coun- hers of the City Council, by written notice to each member cil meeting attended by such member, unless by permission of of the City Council and to each local newspaper of general the City Council expressed in it official minutes, or is con- circulation, radio or television station requesting notice in veeted of a crime involving moral turpitude, or ceases to be an writing. Such notice must be delivered personally or by mail elector of the City, his office shall become vacant. The City at least twenty-four hours before the time of such meeting as Council shall declare the existence of any such vacancy. specified in the notice. The call and notice shall specify the In the event it shall fail to fill a vacancy by appointment time and place of the special meeting and the business to within sixty days after such office shall become vacant, the be transacted. No other business shall be considered at such City Council shall forthwith cause an election to be held to meeting. Such written notice may be dispensed with as to any fill such vacancy for the remainder of the unexpired term. person entitled thereto who, at or prior to the time the meeting Section 504. Presiding Officer. On the first 'Tuesday fol- convenes, files with the City Clerk a written waiver of notice. lowing any general or special municipal election at which any Such waiver may be given by telegram. Such written notice Councilman is elected, and at any time when there is a vacancy may also be dispensed with as to any person who is actually in the office of Mayor, the City Council shall meet and shall present at the meeting at the time it convenes. elect one of its members as its presiding officer, who shall have Section 505. .Place of Meetings. All meetings shall be the title of Mayor. The Mayor may make and second motions held in the Council Chambers of the City or in such .place and shall have a voice and vote in all its proceedings. He shall within the City to which any such meeting may be adjourned, be the official head of the City for all ceremonial purposes, He and shall.be open to the public. If, by reason of fire,flood or shall have the primary but not the exclusive responsibility for other emergency, it shall be unsafe to meet in the place desig- interpreting the policies, programs and needs of the City gov- nated, the meetings may be held for the duration of the emer- ernment to the people, and as occasion requires, he may inform gency at such place within the City as is designated by the the people of any major change in policy or program. He shall Mayor, or, if he should fail to act, by a majority of the mem- perform such other duties consistent with his office as may be bers of the City Council. prescribed by this Charter or as may be imposed by the City Section 509. Quorum. Proceedings. A majority of the Council. The Mayor shall serve in such capacity at the pleasure members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. of the City Council. The City Council shall also designate one of its members as In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall Clerk may declare the same adjourned to a stated day and perform the duties of the Mayor during his absence or dis- hour. The City Clerk shall cause written notice of a meeting ability. adjourned by less than a quorum or by the City Clerk to be Section 505. Powers Vested in City Council. All powers delivered personally or by mail to each councilman at least of the City shall be vested in the City Council except as other- twenty-four hours before the time to which the meeting is wise provided in this Charter. adjourned, or such notice may be dispensed with in the same Section 506. Regular Meetings. The City Council shall manner as specified in this Charter for dispensing with notice hold regular meetings at least twice each mouth at such times of special meetings of the City Council. The City Council as it shall fix by ordinance or resolution and may adjourn or shall judge the qualification of its members as set forth by re-adjourn any regular meeting to a date and hour certain the Charter. It shall judge all election returns. It may estab- which shall be specified in the order of adjournment and lish rules for the conduct, of its proceedings and evict or when so adjourned each adjourned meeting shall be a regular prosecute any member or other person for disorderly conduct meeting for all purposes. If the hour to which a meeting is at any of its.meetings. - 14 — — 15 — Each member of the City Council shall have the power to or clerical errors shall not constitute the making of an altera- tion within the meaning of the foregoing sentence. administer oaths and affirmations in any investigation or pro- No order for the payment of money shall be adopted or made ceeding pending before the City Council. The City Council at any other than a regular or adjourned regular meeting. shall have the power and authority to compel the attendance Unless a higher vote is required by other provisions of this of witnesses, to examine them under oath and to compel the p Charter, the affirmative votes of at least four members of the production of evidence before it. Subpoenas shall be issued in City Council shall be required for the enactment of any ordi- the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as Hance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolu- subpoenas in civil actions. Disobedience of such subpoenas, or tions shall be signed by the Mayor and attested by the City the refusal to testify (upon other than constitutional grounds), Clerk. shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. Any ordinance declared by the City Council to be necessary Upon adoption any ordinance, resolution, or order for as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement payment of money, or upon the demand of any member, the of the reasons for its urgency, may be introduced and adopted City Clerk shall call the roll and shall cause the ayes and at one and the same meeting if passed by at least five affirma- noes taken on the question to be entered in the minutes of the tive votes. meeting. Section .510. Citizen Participation. All regular and spe- cial meetings of the City Council shall be open and public and addition to such other acts of the City Council as are required all persons shall be permitted to attend such meetings, except by this Charter to be taken by ordinance, every act of the City that the provisions of this Section shall not apply to executive Council establishing a fine or other penalty, or granting a fran- chise,sessions to consider the appointment, employment, discipline shall be by ordinance. or dismissal of a public officer or employee or to hear com- plaints or charges brought against any such officer or em- as follows: the City Council of the City of Huntington ployee. No resident or property owner shall be denied the right Beach does ordain as follows:". to be heard by the City Council, but such right shall be sub- The City Clerk shall cause each ordinance to be published jest' to such reasonable rules and regulations as may be au- at least once in the official newspaper within fifteen days after thorized or adopted by ordinance. A discussion with the City its adoption. In the event the publication of any ordinance Attorney relating to pending or threatened litigation shall not shall not be made within said period of fifteen days herein- be considered to be a regular or special meeting within the above designated, said ordinance shall not be rendered null and meaning of this section. void. Section 511. Adoption of Ordinances and Resolutions. Section 513. Codification of Ordinances. Any or all ordi- With the sole exception of emergency ordinances which take nances of the City which have been enacted and published in effect upon adoption, referred to in this Article, no ordinance the manner required at the time of their adoption, and which shall be adopted by the City Council on the day of its intro- have not been repealed, may be compiled, consolidated, revised, duction, nor within five days thereafter nor at any time other indexed and arranged as a comprehensive ordinance code, and than at a regular or adjourned regular meeting. At the time such code may be adopted byreference, with the same effect of its introduction an ordinance shall become a part of the as an ordinance, by the passage of an ordinance for such pur- proceedings of such meeting in the custody of the City Clerk. pose. Such code need not be published in the manner required At the time of introduction or adoption of an ordinance or for other ordinances, but not less than three copies thereof resolution it shall be read in full, unless after the reading of shall be filed for use and examination by the public in the the title thereof, the further reading thereof is waived by office of the City Clerk prior to the adoption thereof. Ordi- unanimous 'consent of the Councilmen present, except that nances codified shall be repealed as of the effective date of the emergency ordinances'shall be read in full. Tn the event that code.`Amendments to the code shall be enacted by ordinance. Detailed regulations pertaining to any subject, such as the any ordinance is altered after its introduction, the same shall construction of buildings, plumbing and wiring, and fire regu- not be finally adopted except at a regular or adjourned regular lations, arranged as a comprehensive code, may likewise be meeting held not less than five days after the date upon which adopted by reference in the manner provided in this Section. such ordinance was so altered. The correction of typographical - 16 — — 17 - 1laps, charts and diagrams also,may be, adopted by reference In no case shall the contract prices for such publication ex- in the same manuer. ceed the customary rates charged by such newspaper for the Section 514. Ordinances. When Effective. Every ordi- publication of legal notices of a private character. nance shall become effective thirty days from and after the date of its adoption, except the following, which shall take In the event there is no newspaper of general circulation effect upon adoption: published in the City, or in the event no such newspaper will accept such notices or other matter at the rates permitted (a) An ordinance calling or otherwise relating to an elee- herein, then all legal notices or other matter may be published tion; by posting copies thereof in at least three public places in the (b) An improvement proceeding ordinance adopted under City to be desinated by ordinance. some special law or procedural ordinance relating thereto; g (c) An ordinance declaring the amount of money necessary No defect or irregularity in proceedings taken under this to be raised by taxation, or fixing the rate of property taxation, Section, or failure to designate an official newspaper, shall in- or levying the annual tax upon property; validate any publication where the same is otherwise in con- (d) An emergency ordinance adopted in the manner pro- formity with this Charter or law or ordinance. vided in this Article. Section a1S. Contracts. Execution. The City shall not Section 515. Ordinances. Violation. Penalty. A viola- be bound by any contract, except as hereinafter provided, tion of any ordinance of the City shall constitute a misde- unless the same shall be made in writing, approved by the City meanor and may be prosecuted in the name of the People of Council and signed on behalf of the City by the Mayor and the State of California and/or may be redressed by civil action. City Clerk or by such other officer or officers as shall be desig- The maximum fine or penalty for any violation of a City ordi- contract by the City Council. Any of said officers shall sign a nance shall be the sum of Five Hundred Dollars, or a term of contract on behalf of the City when directed to do so by the imprisonment for a period not exceeding six months or both. City Council. The City Council may provide by ordinance that persons im- By ordinance or resolution the City Council may authorize prisoned in the City Jail for violation of law or ordinance may the City Administrator or other officer to bind the City, with be compelled to labor on public works. or without a written contract, for the acquisition of equip- Section 516. Ordinances. Amendment. The amendment ment, materials, supplies, labor, services or other items in- of any section or subsection of an ordinance may be accom- eluded within the budget approved by the City Council, and plished solely by the re-enactment of such section or subsection may impose a monetary limit upon such authority. at length, as amended. The City Council may by ordinance or resolution provide a Section 517. Publishing of Legal Notices. The City Coun- method for the stale or exchange of personal property not cil shall contract for the publication of all legal notices, ordi- needed in the City Service or not fit for the purpose for which nances and other matter required to be intended, and for the conveyance of title thereto. q published in a news- paper of general circulation in the City. Each such contract Contracts for the sale of the products, corninodities or serv- shall cover a period of not less than one nor more than three ices o" any priblie utility owned, controlled or operated by the years. In the event there is more than one newspaper of gen- City nzay be made by the manager of such utility or by the eral circulation published within the City, the contract shall head of the department or City Administrator upon forms be made only after the publication of a notice inviting bids approved by the City Administrator and at rates fixed by the therefor. In the event there is only one newspaper of general City Council. circulation published in the City, then the City Council shall The provisions of this Section shall not apply to the em- ployment or my person by the City at a regular salary. have the power to contract with such newspaper for the pri.nt- inn and publishing of such legal notices or matter without Article VI City Administrator being required to advertise for bids therefor. The newspaper with which any such contract is made shall be the official news- Section 600. City Administrator. There shall be a City paper for the publication of such notices or other matter for the period of such contract. Any such newspaper of general Administrator who shall be the chief administrative officer of circulation shall mean a newspaper adjudicated to be a news- the City. Ile shall be appointed by the affirmative vote of at paper of general circulation within the city. least a majority of the members of the City Council and shall serve at the pleasure of the City Council., provided, however, 2—acr 3 a — 1s —. — 19 that he shall not be removed from office except as provided (c) Prepare and submit to the City Council as of the end of in this Charter. IIe shall be chosen on the basis of his executive each fiscal year, a complete report on the finances of the City and administrative qualifications, with special reference to for the preceding fiscal year, and annually or more frequently, his actual experience in, and his knowledge of, accepted prac- a current report of the principal administrative activities of tice in respect to the duties of his office as herein set forth. the City. Section 601. Residence. The City Administrator need not (d) Peep the City Council advised of the financial condi- be a resident of the City at the time of his appointment, but tion and future needs of the City and make such recommend,'- he shall establish his residence within the City within ninety tions as may to him seem desirable. days after his appointment, unless such period is extended by (e) Establish a centralized purchasing system for all City the City Council, and thereafter maintain his residence within offices, departments and agencies. the City during his tenure of office. (f) Prepare rules and regulations governing the contracting Section 602. Eligibility. No person shall be eligible to for, purchasing, inspection, storing, inventory, distribution receive a.p,pointnrent, as City Adm,in.ist.rrrto'r or Actin.- City Administrator while serving as a member of the City Council and disposal of all supplies, materials and equipment required by any office, department or agency of the City government nor within one year after he has ceased to be a member of the City Council. and recommend them to the City Council for adoption by ordi- Section 603. Compensation and Bond. The City Admin- nance, and administer and enforce the same after adoption. istrator shall be paid a salary commensurate with his respon- (g) Supervise the enforcement of the laws of the State per- taining to the City, the provisions of this Charter and the sibilities as chief administrative officer of the City, which sal- ary shall be established by ordinance or resolution. The City ordinances, franchises and rights of the City. (h) Subject to policy established by the City Council, exer- tioned upon the faithful performance of his duties in such Administrator shall furnish a corporate surety bond condi- vise control of. all administrative offices and departments of form and in such amount as may be determined by the City the City and of all appointive officers and employees except Council; the premium on such bond shall be paid by the City. those directly appointed by the City Council. and prescribe Section 604. Powers and Duties. The City Administrator such general rules and regulations as he may deem necessary shall be the chief administrative officer and head of the ad- or proper for the general conduct of the administrative offices ministrative branch of the City Government. Except as other- and departments of the City under his jurisdiction. wise provided in this Charter, he shall be responsible to the (i) Perform such other duties consistent with this Charter City Council for the proper administration of all affairs of as may be required of him by the City Council. the City. Without limiting the foregoing general grant of Section 605. Meetings. The City Administrator shall be powers, responsibilities and duties; subject to the provisions accorded a seat at all meetings of the City Council and of all of this Charter, including the personnel provisions thereof, boards and commissions and shall be entitled to participate in the City Administrator shall have power and be required to: their deliberations, but shall not have a vote. Iie shall receive (a) Appoint, and he may promote, demote, suspend or re- notice of all special meetings of the City Council, and of all move, all department heads, officers and employees of the City boards and commissions. Ile shall attend all meetings of the except elective officers and those department heads, offieers and City Council, unless excused, except when his removal is under employees the power of whose appointment is vested by this consideration. Charter„in the City Council. He may authorize the head of Section 606. Removal. The City Administrator shall not be removed from office during or within a period of ninety any department or office to appoint or remove subordinates in such department or office. No department head shall be days next succeeding any municipal election at which a mem- ber of the City Council is elected. At any other time the City appointed or removed until the City Administrator shall first have reviewed such appointment or removal with the City Administrator may be removed only at a regular meeting of Council and received its approval for such appointment or the City Council and upon the affirmative votes of a majority removal. of the members of the City Council. At least thirty days prior (b) Prepare the budget annually, submit it to the City to the effective date of his removal, the City Administrator Council, and be responsible for its administration after its shall be furnished with a written notice stating the Council's adoption, intention to remove him and, if requested by the City Admin- istrator, the reasons therefor. Within seven days after receipt 1 Section 304. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. All contracts entered into by the City or for its benefit prior to the effective date of this Chaster and then in effect, shall continue in full force and effect according to their terms. Publlo improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or completed under this Charter. Section 305. PENDING ACTIONS AND PROCEEDINGS. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained but all such actions or proceedings may be. continued notwithstanding . that functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office,, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Section 306. EFFECTIVE DATE OF CHARTER. This Charter shall take effect upon its approval by the Legislature after it shall have been ratified by the qualified voters of the City in the manner set forth in the Constitution of the State. 5-19-65 1 ARTICLE IV POWERS OF CITY Section 400. 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 res- trictions and limitations as may be provided in this Charter or in the Constitution of the State of California. It shall also have the power to exercise any and all rights, privileges and powers, including proprietary powers, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, subject to such restrictions and limitations as may be contained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limi- tation upon, the generality of the foregoing provisions.. Section 401. PROCEDURES. The City shall have the power to and may act pursuant to any procedure established by any law of the State, unless a different procedure is required by this Charter. 5-5-65 L_'J' S, CI_PF TC F� O'Ectir)r, 500 . CTTV 0()LT�'f'1T -1 E R:K A. D T A7fGRNFY, CLI N REASUREF. TEIRIC . 'I'he eien�2'..ve of'-'i-cers cf the C]Ltv shali consisc of a C-I - er Citv Council of seven wzrpbers , a ' erk, a v T­ea`+ur and a City Attorney, ell tc, be elected from the Citv at large at the times an�i 1,_ the eau-ner p r o vi d e-,-A' in this Charcer and who shall serve fc-r terlrr.s --)f four years and until their resp- ective successors civalii_Y. Subject to the provisions of thi..q Cha--ter, tie five MO-M- his "harte- bers cof the f"Ity Counc-ill in o_ffice at the ti-inne takes effect shal-L cont-inue JEn office Ltrntil the expiration Cif their respecr_ .-,;e terms and unitil their successors a-I-e ellell-ItIed and qualified, and shall consLitute thle City COUncil until two additional. meraber8 are elected as hia--einat"ter pro— video: . Four members of the City Council shall be elected at this general muriic-ipal election held in April, 19166, and each fourth year th-ereafter. Three members of the City Council shall be elected at the general. municipal election held in April-, 1968, aind each fourth year thereafter,, In --he event t1his Ciiarter shall not --ake ef-fact in time 4 to elect toter members o-IF 1--he 'City Coun__3 - r-he gienera'l mun-- icipal election held in April, 1960, and only "ro menribers, OZE the Ci-A--y Council are then elected, a special e-le tIon sh_al` be called and Held not less then 60 nor more thaii 90 days after the effec.,ive daL of chic, Chsrter to elect- two addit- ional me-ebers of the Citv Counci]_ for the remainder of the terms expiring in April, 1970. Subject to the provislior-Is of this Charcer, the City Clerk, City Treasurer and City Attornev in office at the time this Charter takes effect shall continue in office until the e�x- piration of their respective terms and the qualification of their successors . A City Clerk and City Treasurer shall b2 elected at the general municipal election held in April, 1968, and each fourth year thereafter. A City Attorney shall be elected itt April , 1966, and each fourth year thereafter. T11t: Lerw, ot a&,"v of the "City Council , the City 4n' be City Attorney shall com- 4 e Es Ali TL u wA election. Ties in voting among candlilates �ffice shall be settled by the casting of lot,* , 5 . 13 et_'ti®u 5 :�, f ,l � pet_ le to hold a."fice as a member of the City Cc;artci , ��_�y Attorney,Cjty ,-leek or City Trea aurer unless is Fne Shall have �t�'��a a resident A, regi s t arE;':� o lLe: _ 1. Che City Eo fir least two Years next preceding the i'ste a r his e ect10.a Or a.p�cliat;z��tt. Section 1- . COMPENSATION. Ths, members of the City Coat:�ilInc, ding the Myor stall rjeceive: aB c-ompensat-Ion for their services as suoh a monthly salary in the sum e one Wired Seventy-Five Dollars per montr.. in radd.it.icn, each member of the city Council GM11 ceive rei ur°sewun on order of the City Co ll. �'©a Coy�trsa�ll a�at�^��ized traveling and other expenses when or, officia.1 duty upon; aubmission of ,itemized expense account therefor. in addition, membera shall receive such r*asonable and adequate smo=t as MY be established by or'dJ" e, w,'lich mount shall be deemed to be reimbursement to them of other routine and ordlnary expenses, losses and costs laposed upon t1w= by virtue of their ser�ring as Cite Councilman. The City Clerk and City Treasurer sa l.l, ea b Aec iVe a compensation for their servlces as ouch to be fixed by ordirazu-,e, which compennation for s'aoh services shah .not be ihlc s.sed or diminished after their election or durlmZ their r*zpective terms of off''iee Section 503 . VACANCIES . A vacancy in the City Council, or City Clerk; City Treasurer or City Atttarney, from whatever cause arising, shall be filled by appointment by the City Council., such appointee to hold office until the first Tuesday following that next general municipal election and until his successor qualifies . At the next general municipal election following any vacancy, a successor shall be elected to serge for the remainder of any unexpired term, if any. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the utter on the ballot and elect a successor. Revised 9-29-65 6. If a mer{ter of the City Council absents r,i self f ro,.. all �Yegu:i ar meetings of the City Council l for a pe.iod o f thirty days eonser-,u Lively from and after the last r eEaiar City CounC.-LI meetinj, atterc?ed by such nemilber, unless by permission of the City Colxncil eXrvressed in its official T.'+:i-lutes, or is conv�,-,ted of ^) crime involving t.vral tubpi- tulle, or ceases to be an elector of the City, office shall become vacant , The City Council shall declare the exist;en e of any ,such vacancy, In the evezit 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 ',;e held to fill such vacancy for the remainder of the u.nexpixed germ. Section 504 . PRESIDING OFFICER. On the first Tuesday following any g:-neral or special municipal election at whioh any Councilman is elected, 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 presidinj officer, who shall have the title of Mayor. The Mayor may wake and - second motions and shall have a voice and vote in all its proceedings. He shall be the official head of the City for all ceremonial purposes. He 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, he may inform the people of any mayor ehaxige in policy or program. He shall perform .such other duties consistent with his 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. 5-5-65 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 his absence or disability. Section 505. P011ERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 506. REGULAR =TINGS. The City Council shall hold regular meetings at least t4ce each month at such times 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. 5-5-65 n.,enst ,n C.;07 "T'. r'`�� "'T. �_� r a..C., w '0 6- ..! i a i�f�.�.�Ys.L.J 1',.._ ...�i��.­�w ',•�:L:r,.li.i, '•�f v.�;.v - t. _ -,e calle' �$ aZ1,,V L;.. "vy Lhe ,:aY I', Q' r =. ✓�y ".i..l Cy},i �,ne.. b-•�Y'S ol-to e C'it J�i;�'.n-,,i 1 S y � ��.�L�>�i ,��Z ..yL;�.:..n� o Bach 1�ar;`bar of 1fLe C_vy �v'�.i...:.�'��a and 'o pG.cl, I. 2ne-,'�,a i� ir�:ii l a's.i on, rals10 or t d-, el < c. -,r r � : otJ.e in 4J3' .�? � iitih n:ltii rj 'L:L v d e'a+J is�, � �' � �_. L or 'S3„y mail a W jc—,as : 0i,:;.' 'ef'or'� i�1 tj such l T: i, ? F l c c:i? c.Indl, meeting and thle busine6z to he nest s��!! be considered at, wrj v-en ha eto �zh_o a� or pr.�o to the t� v the y^ >nt,3:- �p c y ne vv}} with }' the '.lec 4d ia� Tt�b S+V.A.y.�Xa J��d�+.�.s�� u cEz.L w i 3A h the C..�a 1e.,y �'3� r..y l �{. .t1 �1 'Clerk a <'��l yU•t >:i --;r:�,�.�`,�.�` o:. alo'Give. aS'.��v.�a walver may be given by Such written notice may alto be dispensed ?r,'a,th as to any pe2"'4ion vh o actually Present- at,, the .,.aeeting at the times it Section 50 m P!. CE 01: .��°�� uati.a.� a. _ :�v �„r , 3 ry+� the a y - 6,, .�L W.cC» aL be o�''dsaldl i.b she Coui,.ci 1. the l x hJ� �i. t s�. �.�L.J ...� I such glade within' the City to .,ih ^_h any zuc:a m:aztlln -.-ay be adjourned, and s��,ll bo open to than p�:bliea ��, by reason. of .Fire, flood or other emergency, it sv all be unsafe to meet in the place desIgnated, the meetings may be held for the duration of the emergency at such pace 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. 5-19-65 Sec;tion 50-9 r 0 R P z?✓C:E";,T. -.,T,3 Q Si of the C-114[-'y "0,, OlUs,,.Lness 'but a ie-sse�r j.`,t? tD, t`-Me r i t h-:� a b z en e, f a, of -)unc -0 m or ill boarregular a.)e e t wn he e 0 Y Clel,r'K -,r.sy de-lare the $amze &djourned, to a stla";i:-)d day ai-,d h r,"11—e c1ty ec-ler�< 51 , a d j 0 U r n b Y I e 3 r;a:n a, q u o r m or y -Cl i,"y -C-1--L-k t-o be a I e 11 v e v e a p z-.- r�a I y b y �,Z� tcj e ea3t rat w-'n c, h t -tY- 'ou,& iou bl,fo-e the r' f a rn 3 zqezifle-"� in 1511-US C,1121rt-er,, f, r �jj IN Z-1 meet, nZns the (1, ty e t Y s lia 1-61 Lid-�o I-- C fort'" b-� t he t s ha a a 11 e I e 0.t io n 41 & �jl� returns, Tt r-La y e s tab 11 slh ,--ules for th�� of z 4A V !,rooedn ,3 and r n Mer, errOreiz t ay .i o p Yconduc Each member of the City Council sh_n1l have the power to administer oaths and affirno-tions In any investigation or proeeedin;g P ending before the City Council. The CJty Council shall have the power and authority to comp--1 the attendan&6 of witnesses, to examine them under oath and lk-.o conpal the production of evidence before it , Subpoenas shall be issued in the name of the City and be attested by the City Clerk. 71hey shall be served and complied with in the samie marmer as a,ubpoarAe in civil actlons. Disobedience of such subpoenas Or the refusal to testify (upon other than const-.1-tutional gro=ds), shall constitute a araisdemeanor, --,nd e.hal .1- be pv-nishable in the same manner as violatio4ns of this Charter are punishable Upor a- dor-tion of any ordinance, resolution, or order for pay-ment of TV_oZley, 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 ):)e entered in the minutes of: tl.1'a meet i Y)CT Section 510. CITIZEN PARTICIPATION. All regular and special meetings of the City Council shall be open and public and all persons shall be permitted to attend stoh meetings, except teat the provisions of this Section shall not apply to exevlut-ive sessions to consider the appointment, employment, discipline: or dismissal of a public officer or employee or to hear vomplaints or charges brought against any such offi- cer or employee. No resident or property owner shall be denled the right to be heard by the City Council, but such right shall be aab ject to such reasonable rules and regula- tions as may be authorized or adopted by ordinance. A discussion with the City Attorney relating to pending or threatened litigation shall not be considered to be a regular or special meeting within the meaning of this section. e Section 511. ADOPTION OF OPJ)ILTANCES AIM RESOLUTIONS. With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article, no ordi- nance shall be adopted by the City Council on the day of i..t introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular I!eeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting In the custody of the City Clerk. At the time of introduction or adoption of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmen present, except that emergency ordinances shall be read in full. In the event that any ordinance Is altered after its Introduction, the, same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance 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. No order for the payment of money shall be adopted or made at other than a regular or/adjourned regular sting. 5-1g-65 Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four ,members of the City Council shall- be required for the enactment of any ordinance or resolution, or for the makIDS or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested b� the City Clerk. Any ordinance declared by the City Council to be neces- sary 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 introduced and adopted at one and the same meetingif passed by at least five affirmative votes. Section 512. ORDINANCES. ENACTMENT. PUBLICATION. an addition to such other acts of the City Council as are required by this Charter to e taken by ord nce, every act of the City Council estab lis a fuze or other penalty, or t .a franchise, shall be by ordinance. The enacting clause of all ordinamos shall be imb, stantially as follows s iBThe City Couna 13. of the Cit,r of. Smtington Beach does ordain as follows "m The City Clerk shall cause each ordinance to be pub- lished at least once in the official newspaper within fifte days after its adoption. In the event the publication .of any ordinance shall not be made w}thin said period of fifteen days hereinabove designated, said ordinance shall not be rendered null and void. -19-65 OP Section 513. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance; by the passage of an ordinance for such purpose. Such code 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 the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance. Detailed regulations Pertaining to any subject, such as the construction of buildings, plumbing and wiring, ana fire regulations, arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this Section. ]daps, charts and diagrams also may be adopted by reference in the same manner. I Section 514. ORDINANCES. WHEN EFFECTIVE. Every ord- inance shall become effective thirty days from and 'after the date of its adoption, except the following, which shall take effect upon adoption: (a) An ordinance calling or otherwise relating to an .election; (b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; t (a ) An ordinance declaring the amount of money neces- sary to be raised by taxation, or fixing the rate Of property g taxation, or levying the annual tax upon property; 13 5-19-65 (d) An emergency ordinance adopted in tho manner pro- vided in this Article. Section 515. ORDINANCES. VIOLATION. PENALTY. A violation of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California and/or may be redressed by civil action. The maxims fine or penalty for any violation of a City ordinance shall be the suns of Five Hundred Dollars, or a terse of imprisonment for a period not exceeding six months, or both. The City Council may provide by ordinance that persons Imprisoned in the City Jail for violation of w or ordinance may be compelled to labor on public works. Section 516. ORDINANCES AKMMENT. The amendment of any section or subsection of an ordinance way be accomplished solely by the re-enactment of such section or subsection at length,, an a nded. Section 517.` PWLISHING OF LEGAL NOTICES. The City •- Council shall contract for the publication of all legal notices, ordinances and other matter required to be published in a newspaper of general circulation in the City. Each such contract shall cover a period of not- less than one nor more than three years. In the event there is more than -one newspaper of general circulation published within the City, the contract shall be made only after the publication of a notice invitidg bids therefor. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract Is made shall be the official newspaper for the publication of such notices or other matter for the period of such contract. Any such newspaper of general circulation shall mean a newspaper adjudicated to be a newspaper of general circulation within the city. 5-19-65 1.4 In no case shall the contract prices for such publi- cation exceed the customary rates charged by ouch newspaper for the publication of legal notices of a private character® r In the event there is no newspaper of 'general circu- lation published in the City, or in the event no such news- paper will accept such notices or other matter at the rates permitted herein, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City to be designated by ordinance® No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise In conformity with this Charter or law or ordinance® AEXECMIO ; ess 5,t1h am e . AT pshreo lsectionbnitra" hereinot beu , exceptias rafter e svided, unl ls shall Abe ,made in,,writing, ,approved r by the City Council`-and .signed on behalf rof the City by the t4a r ared City.Clerk or =by ,such ,other office or officers; A , sell be de� gnated . y tie -csty council. Any of mid k officers shall 'sign a ,C®retract :on .b"crealf of flee City `when directed t® do ®o by the City ;Coi 6�,�.. G : 5®h9�5 By ordinance or resolution the City Council may authorize the City Administrator 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. The City Council may by ordinance or resolution 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. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. The provisions of this Section shall not apply to the employment of any person by the City at a regular salary. 5-19®65 ARTICLE VI CITY ADMINISTRATOR Section 600. CITY ADMINISTRATOR. There shall be a City Administrator who shall be the chief administrative officer of the City. He shall be appointed by the affirma- tive 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 he shhall not be removed from office except as provided in this Charter. He shall be chosen on the basis of his executive and administrative qualifications, with special reference to his actual experience in, and his knowledge of, accepted practice in respect to the duties of his office as herein set forth. Section 601. RESIDENCE. The City Administrator need not be a resident of the City at the time of his appointment,, but he shall establish his residence within the City within' ninety days after his appointment, unless such period is extended by the City Council, and thereafter maintain his residence within the City during his tenure of office. Section 602. ELIGIBILITY. No person shall be eligible to receive appointment as City Administrator or Acting City Administrator while serving as a member of the City• Council nor within one year after he has ceased to be a member of the City Council. Section 603. COMPENSATION AND BOND. The City Adminis- trator shall be paid a salary commensurate with his res- ponsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Administrator shall furnish a corporate surety bond 6-16-65 `14 r conditioned upon the faithful performance of his duties in such form and in such amount as may be determined by the City Council; the premium on such bond shall be paid by the City. Section 604. POWERS AND DUTIES. The City Administrator shall be the chief administrative officer and head of the administrative branch of the City Government. Except as otherwise provided in this Charter, he shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, subject to the pro- visions of this Charter, including the personnel provisions thereof, the City Administrator shall have power and be required to: (a) Appoint, and he may promote, demote, suspend or remove, all department heads, officers and employees of the City except elective officers and those department heads, officers and employees the power of whose appointment is vested by this Charter in the City Council. He may authorize the head of any department or office to appoint or remove subordinates in such department or office. No department head shall be appointed or removed until the City Adminis- trator shall first have reviewed such appointment or removal with the City Council and received its approval for such "- appointment or removal. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration after its adoption. (a) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City for the preceding fiscal year, and annually or more frequently, a current report of the principal adminis- trative activities of the City. 5-19-65 (d) Keep the City Council advised of the financial con- dition and future needs of the City and make such recommenda- tions as may .to him seem desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the con- tracting for, purchasing, inspection, storing, inventory, distribution and disposal of all supplies, materials and equipment required .by any office, department or agency of the City government and recommend them to the City Council for adoption by ordinance, and administer and enforce the same after adoption. (g) Supervise the enforcement of 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 depart- ments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction® (i) Perform such other duties consistent with this Charter as may be required of him by the City Council. 6-16-65 J. _ Section 605. MEETINGS. The City Administrator shall be accorded a seat at all meetings of the City Council and of all boards and commissions and shall be entitled to par- ticipate in their deliberations, but shall not have a vote. He shall receive notice of all special meetings of the City Council, and of all boards and commissions. He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. Section 606. REMOVAL. The City Administrator shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Administrator may be removed only at a regular meeting of the- City Council and upon the affirmative votes .. . of a majority of the members of the City Council. At least thirty days prior to the effective date of his removal, the City Administrator shall .be furnished with a irritten notice stating the Council 's intention to remove him and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator with written notice of his intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal as herein provided. In removing the City Administrator, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or .degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present to each other and to the public all pertinent facts prior to the final action of removal. 6-16-65 010 Section 607 . NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appoint- ment by the City Administrator, or by any of the department . heads in the administrative service of the City, of any person to any office or employment, or his removal therefrom. Except for the purpose of inquiry, no member of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator except through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. Section 608. ACTING CITY ADMINISTRATOR, The City Administrator shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Acting City Administrator during any temporary absence or disability of the City Adminis- trator, If he fails to make such appointment, the City - Council may appoint an officer or department head to serve as such Acting City Admini-strator dur-1hg any such absence or disability® i . 9 . 0 V- 0 AINE: t io n 7 "A T ua-c t- _at ;a CY. 1' vy of re a and xucll -thez B L Ile clt',i Drx_T_ 1, le by rrdinancte Ut AP IDO]ENT" A 1. o f`4 c ;oc t 0,AI__ `-hp_ ty, excep be "'Ippoir o-F f i c ea "1-i&I aric! may 'ved as e' sawhere tl-,is i d A.IM _T 5j'Ir,;j ­c, MaY _PT`0 ': y jRol,yMMYI Z';vi,I b or ras�jjut.Lojj � I -D n s a t t t I hLL for the • corX-� t C. ,4d tile aeve,�.jl off,_Icc�s d 2-,;a b fyy of UY 'Chia 2—d ezl­abjja-,eL� V .� , for the craatl�jrj ()f ad' 1 ei d , �a .1 L� g P_IXII their r;onsol Id L P-AeVS-ti on or abojj�L-,jDrj. tt maY further Pvovide by ordir-"R fOr reaas4p�xuent of Punctrz,, duties, offices and agenciec to offiCes are-2 departwnts, and for the nlo=ber, titles, qualifications, Powers, dutles, axId Comerenscl-t-ion of all officers and employees, consiS4' th-18 Charter. Each department so created a tent with a n of j. I-A I I b-e heeded b y ff"cor as depart head, When the Po3itions &Are not inCompatible, the City Councii MY combine in one person the powers -and duties of two or mor.' Officers, provided, however, thut the same person shall not e hold tow DO L gitions Of City Treaaurner arhl Director of Fjre. Section 703 . CITY AIII-ToRny. come and A-emain eligible AUND DUTIEs . To be- for CitY ACtorney the person elected or aPpointed shall be an a.- 'turney at I.- such =der the _� .4w, dui,,7 licensad as la'ws of the SlItate Of California hean en"aged ill the practi6e, 01-laxy j,,I t1lis and shall have thrae yea-1-8 prior to his elect" St&te nor at least At x0n Or appointmen-1— T-re C; _ torney ahall have the Power and may be required to : ICY RePIM56ZAt W4 adviee City Council ax'I all City V A Officers 1--4 all matters of L"0 Pertainlr% to t1l-air I officea. Revised 9-29--61,; 22 - (b ) Fro.secu'--a. on ►`,elhalf of 'i.!'e r ople any or all criminal case: arising from violation of the provisions of tn�i_7 C:harteer o. cf City ordinances and such state misdemeanors as the City has the poorer to prosecute, unless otherwise provided by the City Council. (c ) Represent and appear ,Eor IV-.*-.,- City in any or all actions or proceedings in which the City iR> concerned ol° is a part-y', and, represent and appear for anir CJ ty officer or employee, or forme. City officer or employee, in an; or all c%vil actions or proceedings in which such off ce::, or e:rployce is concerned or it z a party for any act arisirZ out of his employ=ne nt or by reason of Ii s official capacity. 1 (d) Attend all regular -meatings of the City Council, unless excused, and give hg s advice or opinion c '_y or in writing whenever requested to do so by the City or by a y of the boards or officers of the City. ;e) App?:o�.-c 'the form of all contracts made by and all ponds and insurance given to the city, endorsing his approval thereon: a �riL�nga (f) Prepare any and all proposed ordinances and City Oourx-�1 rezolutions and amandmvnt s there-to. (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) , Perform such legal functions and duties incident to the execution of the .foregoing powers as fray be necessary, (i) surrender to his successor all books, papers,, files and documents pertaining to the City's affairs. 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 prosecutions, litigation or other legal matters or - business . 6-2-65 23 Section 704. CITY CLERK. POVERS AND DUTIES. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate title and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certi- ficate 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. (a) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession pro perly 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-offic io 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. 6-16-65 The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 705. CITY TREASURER. P0vIERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assess- ments, 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 Government, 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 his hands in such depository- as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Administrator, and in com- pliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this- Charter. - (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this •Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. �� 6-30-65 Section 706. DIRECTOR OF FINANCE. POWERS AND DUTIES. To be eligible for appointment as Director of Finance, the person appointed shall have had at least six years of res- ponsible financial experience including at least four years in a public agency and shall have such other qualifications as may be required by the City Councils The Director of Finance shall have the power and shall be required to: (a) Have charge of the administration of .the financial affairs of the City under the direction of the City Adminis- trator, and be head of the Finance Department of the City. (b) Assist the City Administrator in the preparation and. execution of the budget. (c ) Establish and maintain a system of , financial pro- cedures, accounts and controls for the City government and each of its offices, departments and agencies. (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment all bills, invoices, payrolls, demands or charges against the City government; with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges; and draw warrants upon the City Treasurer for all claims and demands audited and approved as in thU Charter provided specifying the purpose for which drawn and the fund from which payment is to be made: (e) Supervise and be responsible for the receipt and collection of all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and all other money receivable by the City from the County, State or Federal. Government, or from any court, office, department or agency of the City. (f) Submit to the City Council through the City Adminis- trator a monthly statement of all revenues and expenditures in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. 6-16-65 (g) Supervise the keeping of current inventories of all property of the Ci-Y by all City depart ,,ents, offices and agencies. (h) Perform such other duties consistent with this Charter as y be required of him, 1 Section 707 . DIRECTOR OF PUBLIC WORKS. PLANi7ING DIRECTOR. POLICE CHIEF. FIRE CHIEF. The Director of Public Works, the Planning Director, the Police Chiei and the Fire Chief shall e the heads of their respective departments , and these departments shall continua and remain separate departments . Section 708. ADMINISTERING ;ATM, Each departmen.y head and his deputies shall have tha power to administer oaths and affirmations In comiection with any official business pertain- i3 to his department Section. 709. ILLEGAL CCI1TRAC., FINANCIAL xIv EREST, No member of the City Council shall have a financial interest, directly or indirectly, in any contract, sale or transaction to which the City is a party and neither shall any officer or employee, or member of any board or commission, .have an interest in any contract, sale or transaction to which the City is a party and which comes before said officer or employee, or member of any board or commission, or the department or office of the City with which he is connected, for official action. q Any such contract or transactions in which there shall be such an interest shall become void at the election of the City, when so declared by resolution of the City Council. 6-16-65 27 No member of the City Council, City official or employee, or member of any board or commission, shall be deer;:ed to have a financial interest, within the meaning of the foregoin- provisions, in any contract made with a corporation by -mason of the ownership of stock in such corporation unless said stock owned by him shall amount to at least the»ee per cent, of all the stock of such corporation issued and outstanding. No City Councilman or member of any board or cor;raission shall vote on or participate in any contract or transaction in whick. he has directly or indirectly a financial interest whether as a stockholder of the corporation or otherwise. If any officer, or employee, or member of any board or conmiission, during t::e term for which he was elected or appointed, shall so vote or participate, or shall have a financial interest as aforesaid, upon conviction thereof, he shall forfeit his office. Section 710. ACCEPTANCE OF OTHER OFFICE. 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 his office under the City government. Section 711. NEPOTISM. The City Council shall not appoint to a salaried position under the C=t'y government- any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of his or of any Councilman within such degree to any such position. Section 712 . OFFICIAL BONS. The City Council shall fix by ordinance or resolution the amounts and terms of the of-ficial 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 pro- tection as the required separate bonds would provide. In all cases wherein an employee of the City is required .to furnish a faithful performance bond, there shall be no personal liability upon, or any rir;ht to recover against, his 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. ti=4 6-3o-65 -7- ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS Section 800. IN GENERAL. There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may specify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter. Section 801. APPROPRIATIONS. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. Section 802. APPOINTYMENTS. TERM . The members of each of the boards or commissions hereinafter named in this Article shall be appointed by the City Council from the registered voters of the City, none of whom shall hold any full time paid office or employment in the City government. They shall be subject to removal by motion of the City Council adopted by, the affirmative votes of a majority of the total measber- ship thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed and qualified. iThe terms shall be staggered so that the number of terms on any such board or commission expiring in. any year shall not differ by more than one from the number of , terms expiring in any other year. Such terms shall expire,. on June thirtieth of the appropriate year. A vacancy occuring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. Section 803. EXISTING BOARDS. The members of the boards and commissions holding office when this Charter takes effect. shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed. and qualified. If the membership of any board .or ..29 6®30065 commission is reduced or increased by this Charter, the members to be added or eliminated shall be determined by the City Council. The terms of the members of any existing board or commission shall be adjusted, if necessary, to comply with the provisions of this Charter. Section 804. MEETINGS. CHAIRMAN. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of the board or commission. All meetings of said boards and com- missions shall be open to the public and all persons shall be permitted to attend such meetings, except that the pro- visions of this sentence shall not apply to executive sessions to consider the appointment, employment, discipline or dis- missal of a public officer or employee or to hear complaints or charges against any such officer or employee. The City Administrator shall designate a secretary for each of such boards and commissions who need not be a member of such board or commission, and who shall keep a record of its proceedings and transactions, - Each board or commission may prescribe its own rules and regulations, which shall be con- sistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Section 805. OATHS. AFFIRMATIONS. . Each member of any such board or commission, and the secretary thereof, shall have the poorer to administer oaths and affirmations in any investigation or proceeding pending before such board or comnission. ' Section 806. PLANNING OMISSION. POWERS AND DUTIES. There shall be a Planning C-ruission consisting of seven members who shall have been residents - of the City for at least two years immediately preceding their appointment. The City Attorney and Director of Public Works, or their assistahts, shall attend all f meetings of the Planning Commission unless excused therefrom. The Planning commission shall have the power and be required to: ��l 6-30-65 (a Rs : ci-L end to �r,e City C,_-. -` ter > r. nc. �u �cil.. a_ :_<_ :r _ c a i the adoption, amendment or repeal of a master or Genera}- ?I r. , or .any part thereof, for guidance in the physical evelcp- m,en,t _ 'the City. (b) Exercise such functions with respect to land sub- div lions as shall be provided by ordinance riot inconsistent with the provisions of this Charter. t (c) Exercise such functions with respect to zoning, :wilding, land use, precise plans, specific plans, and related matters as may he prescribed by ordinance not inconsistent With the vrovisions of this Charter . (d) Perform such other functions not inconsistent with this Chanter, as may be delegated to it by the City Council, Section 807. LIBRARY BOARD. POWERS AND DUTIES. Tnere shall be a Library Bard consisting of five members which shall have the power and duty to (a) Make recommendations to the City Council for the operation and conduct of City libraries. (b) Recommend to the City Council rules and regulations and by-laws for the administration and protection of City libraries. (c ) Recommend to the City Council the duties and quali- fications of the. librarian and other officers and employees of the libraries. 6-16-65 M (d) Make recommendations concerning the acquisition of books, journals, reports, maps,- publications and other personal property. (e) Make recommendations concerning the purchase or lease of real property and the rental or provision for adequate facilities, buildings or rooms for library f, purposes. , (f) Make recommendations concerning the borrowing of library materials from and lending library materials to and exchanging library materials with other libraries subject to any costs and expenses approved by the City Council. (9) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Admin- istrator. (h) Within sixty days after the close of each fiscal year, report to the City Council on the condition of the libraries for the preceding fiscal year and on such other matters deemed expedient by the Library Board. (i) Exercise such other functions not inconsistent this,Charter as may be prescribed by ordinance. ` i t r i t T_ �: 6-3o-65 Section 808. PERSONNEL BOARD, PO?,IERS AND DUTIES There shall be a Personnel Board consisting of five members, none of the members of which while a member of said board or for a period of one year after he has ceased for any reason to be a member, shall occupy or be eligible for appoint- ment to any salaried office or employment in the service of the City. The Personnel Board shall have the power and be required to : (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration. (b) After a public hearing thereon, recommend to the City Council, the adoption, amendment or repeal of personnel rules and regulations. (c ) Make any investigation upon request of the City Council concerning the administration of personnel in the municipal service and report its findings to the City Council and City Administrator. (d) Hear appeals of any officer or employee under the Personnel System who is suspended for a period of more than thirty days, demoted or removed, and report in writing to the appointing power and City Council, its findings, con- clusions and recommendations. (e) Exercise such functions with respect to personnel or the Personnel System, not inconsistent herewith, as may be prescribed by ordinance or requested by the City Council. 7-7-65 ,�3 ARTICLE IX BOARD OF EDUCATION Section 900. STATE LAW GOVERNS. The manner in which, the times at �which, and the terms for which the members of the Board of Education shall be elected or appointed, their qualifications, compensation and removal and the number which shall constitute such board shall be as now or hereafter prescribed by the Education Code of the State of California, provided that the number of members which shall constitute such board shall be five unless and until said number shall be changed by or pursuant to the terms of said Education Code. Section 901. EFFECT OF CHARTER ON DISTRICT. The adoption of this Charter shall not have the effect of creating any new school district nor shall the adoption of this Charter have any effect upon the existence or boundaries of any present school district within the City or of which the City com- prises a part, but each such present school district shall continue in existence subject to the provisions of the laws of the State of California as the same now exist or hereafter may exist. Section 902. EFFECT OF CHARTER ON BOARD. The five members of the Board of Education in office on the effective date of this Charter shall continue as such until the expira- tion of their terms and until the election and qualification of their respective successors under said Education Code; and if necessary, the Board of Education shall adjust the term of one or more of its members by not more than one year so that hereafter the terms of the members of said Board shall comply with said Education Code. 7-7-65 34 T ARTICLE X PERSONNEL SYSTEM Section 1000. SYSTEM TO BE ESTABLISHED. The City Council shall, within six months of the effective date of this charter, by ordinance establish a comprehensive personnel system for the selection, employment, classification, advancement, demotion, suspension, discharge and handling of grievances of those appointive officers and employees who shall be included in the system. 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 interests of the public service. The ordinance shall designate the departments and 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 departments and appointive officers and employees included within the system, provided, however, that once included within the system, no department, officer or employee shall be withdrawn therefrom (unless the department, office or position is actually abolished or el ted) without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition. The system shall comply with all other provisions of this Charter. ?-7-65 ,' 35 ARTICLE XI RETIREMENT Section 1100. STATE SYSTEM. Authority and power are hereby vested in the City, its City Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted, or required under the provisions of the State Employees , Retirement Act, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the State Employees , Retirement System. The City Council may terminate any contract with the Board of Administration of the State Employees , Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented. f 6-3o-65 '4.t T ARTICLE XII FISCAL ADMINISTRATION Section, 1200. FISCAL YEAR, The fiscal year of the City government shall begin on the first day of July of each year and end on the thirtieth day of June of the following year. Section 1201. ANMNUAL BUDGET. PREPAEttTION BY THE CITY ADMINISTRATOR, At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Admin: strator, personally, or through the Director of Finance, estimates of reve.ue and expenditures for his department or for such board or cor-n_'Lssion for the ensuing fiscal year, detailed in such manner as ray be pres- cribed by the City Administrator. In prepariro the proposed budget, the City Administrator shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as he may deem advisable. Section 1202. BUDGET, SUBMISSION TO CITY COUNCIL, At least thirty days prior to the beginning of each fiscal year, the City Administrator shall submit to the City Council the proposed budget as prepared by him. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of- a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper. 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 1203. BUDGET, PUBLIC BARING. %t 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® � �; 6-3o-65 Section 1204 . BUDGET. FURTITER 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 June 30 it shall adopt the budget with revisions, if any, by the affirmative votes 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 Administrator, 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 1205. 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 Administrator may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse At the end of the fiscal year to the extent that they shall not have been expended or lawfully encum- bered, At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council., Section 1206. CENTRALIZED PURCHASING, Under the control and direction of the City Administrator there shall be established a centralized purchasing system for all City departments and agencies, except as otherwise provided in this Charter. The City Administrator shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for, purchasing, storing, and distribution of all supplies, materials and equipment required by any office, department .or agency of the City government . 6-30-65 Section 1207. TAX LI: I^3. (a) The City Council s::a.11 not levy a property ;;ax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxab- e property in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of a majority of the electors voting on a proposition to increase such levy at a.1y election at which the question of such additional levy for municipal purposes is submitted to t:.e electors. The number of years that such additional levy is to be made shall be speci- fied in such proposition. (b) There shall be levied and collected at -. :e su ::a til ane and in the same manner as oilhe_^ property taxes for r:fanicipal purposes are levied and collected, as additional taxes not sub- ject to the above limitation, if no other provision for pay;:ent thereof is made, : 1. A Uc:.:i 5Uii...Cie">':t 1.0 meet. G.11 iic:..bi_it.LeS G1 City of principal and interest of all bonds and due and unpaid, or to become due curing the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficier:t to r.:eet all obligations of the City under the State Employees ! Retirement System, the F_adera l Insurance Contributions Act, or other plan, for the retirement of City Employees, due and unpaid or to become due during the ensuing fiscal year. (c ) Special levies, in addition to the above and nct- subject to the above limitation, may be nade annually, based on City Council approver: estimates, for the following specific purposes, but not to exceed the following respective limits for tho:_-purposes for which limits are herein set forth, to wit : parks and recreation not to exceed $0.20 per One 'Hundred Dollars; libraries not to exceed $0.15 per Gne Hundred Dollars; advertising, music and promotion not to exceed $0.05 per One ? u:died Dollars; civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars; and for public museums of natural and historical objects not to exceed $0.02 per One :undred Dollars. The proceeds of any such special levy shall be used for no otter purpose than that specified. Section 1208. TAX PROCEDURE. The procedure for the assess- rent, levy and collection of taxes upon. property, taxable for municipal purposes, shall be prescribed by ordinance of the City Council. if the City Council fails to fix the rate and levy ;,axes on or before August 3l n any year, the rate forte ..ext pre- ceding fiscal year shall be automatic"ally acopted and a tax at such rate shall be-deerr.ed to have been levied on all taxable property in the City for the current fiscal year. pie) 7-7-65 Section 1209. BONDED, D= LIiYIT. The City sri ll not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen per- cent of the total assessed valuation, for purposes of City taxation, of all the real and personal property wit hire the City. No bonded indebtedness which shall constitute a general obligation of the City ray be created unless authorized by the t affirmative votes of two-thirds of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the pro- visions of the State Constitution and of this Charter. Section 1210. REVENUE BONDS. Bonds which are payable only out of such revenues , other than taxes , as may be spec- ified in such bonds , may be issued when the City Council by ordinance shall have established a procedure for the issuance of such blonds . 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 a majority of the voters voting upon the proposition for issuidW 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 was 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. } . 7-7-65 40 Section 1211. CONTRACTS ON PUBLIC WORKS. Except as herein- after expressly provided, every contract involving an expenditure of more than Two Thousand Five Hundred Dollars ($2,500,00) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and .playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00), shall be let to the lowest responsible bidder after notice by publication in the official newspaper by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is less than Five Thousand Dollars ($5,000.00), 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 a lower price in the open market, and after the adoption of a resolution to this effect by the affirmative votes of a majority of the 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. Such contracts may be let and such purchases made without advertising for 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 the affirmative votes of at least two-thirds of the total, members of the City Council. Projects for the extension, replacement or expansion of the transmission -,-or distribution system,of any existing public utility w operated by the City or for the purchase of supplies or equip, meni yprojector an for an suchy"such utility may excepted '-.-from requirements ',of. this Section by the:-affirmative vote of a majorit of,the dotal members .of =the, City Council. . .: Section 1212. CONTINGENCY FUND. The City Council may main tain a revolving funds to be known as the "Contingency Fund", for the purpose of placing the payment of the running expenses of the City on a cash basis. A balance may be built up in this fund from any available sources, other than funds which are by law or this Charter restricted to ,a particular use, in an amount which the City Council deems sufficient with which to meet all ` -28-65 lawful demands against the -City for the first five months, or other necessary period, of the succeeding fiscal year prior to the receipt of sufficient revenues. Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible, on a cash basis. All money so transferred from the Contingency Fund shall be returned thereto before the end of the fiscal year. Section 1213. CAPITAL OUTLAYS FUND. A fund for capital outlays generally is hereby created, to be known as the "Capital Outlays Fund" and to be a continuation of any existing Capital Outlays Fund. The City Council may create by ordinance a special fund or funds for a special capital outlay purpose. The City Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such purposes in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer .. to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the use of _ such fund for some other capital outlay purpose is _authorized by the affirmative votes of a majority of the'' electors voting - on such proposition at general or.',specii1 6lection' at which such pro osition is submitted. P p If the :purpose for which any , special capital outlay :fund has •been created has been accomplished, the City' Council::,may transfer any unexpended and.1unencumbered surplus remaining -'in such fund to the fund for capital "outlays generally 9 . established by this. Charter. - 42 7-28-65 Section 1214. TREASURER'S DEPARTMENTAL TRUST FUND. The City Council may prescribe by ordinance for the setting up of a Treasurer's Departmental Trust Fund into which the collections of or deposits with the police department, license collector, building official and other officers and departments authorized to make collections or receive deposits may be deposited at frequent intervals each month, with advice of each deposit being furnished to the City Treasurer and Director of Finance. The City Treasurer shall make withdrawals from such a fund only on order signed by the Director of Finance and for the following purposes: (a ) Making a refund of refundable deposits when such refund is legally due from the City. (b) Revolving fund advances authorized by the City Council. (c ) Correction of clerical or ministerial errors in the receipt of payments to the City. (d) Making settlements with City funds at the end of each calendar month for collections or deposits accumulated during the month. Section 1215, OTHER FUNDS. The City Council may establish by ordinance such other funds, not inconsistent with the provisions of this Charter, as it may consider appropriate or desirable. Section 1216. CLAIMS AND DEMANDS. PRESENTATION AND PAYKENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, con- sideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by o . 43 7-28-65 the State Legislature, and to the extent that the sane are not inconsistent therewith, the following provisions of this Section shall govern the presentation, processing and payment of all claims and demands against the City. All claims for damages against the City raust be presented in writing to the City Clerk within one hundred days afte2 the occurrence, event or transaction from which the damages allegedly arose, and stall set forth in derail the name and address of the claimant, the time, date, place and circumz,-ances of the occurrence and the extent of the injuries or darrages sustained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof given. All other demands against the City niust be in writing, and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance within one hundred days after the last item of the account or claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and draw his warrant on the City Treasurer therefor, payable out o-f' the proper fund. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant, if any, to the City Adminis- trator, If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Administrator before payment; otherwise it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the ;9 ,7 7-7-65 City Administrator to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, shall approve or reject the demand in whole or in part. Section 1217. ACTIONS AGAINST CITY. No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which this Charter or the general law requires a .claim to be presented, until a claim or demand for the same has been presented as in this Charter provided and such claim and demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within forty-five days from the day the same is presented shall be deemed a rejection thereof. Section 1218. REGISTERING WARRANTS. Warrants on the City Treasurer which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. Section 1219. INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall, at such time or times as -- may be specified by the City Council, at least annually, and at such other times as he shall determine, examine the books, records, inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. 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, one to the City Administrator, Director of Finance, Treasurer, and City Attorney, respectively, and sufficient 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. `� 7-28-65 Section 1220. SALE 031 IIU37L.JIC UTILII,Y. No public utility now or hereafter owned or o-perated by the City shall be sold, leased or otherwise transferred or disposed of unless authorized by the off ;,mative votes o- at least a majority of the total membership of the City Council and by the affirmative votes of at least two-thirds of the electors voting on such proposition at' a general or special election at which such proposition is submitted, r 4G 7-7-65 n ARTICLE XIII ELECTIONS Section 1300. GENERAL MUNICIPAL ELECTIONS General municipal elections for the election of officers, except members of the Board of Education, and for such other purposes as the City Council may prescribe shall be held in the City on the second Tuesday in April in each even numbered year. The first such general municipal election shall be held on the second Tuesday in April, 1966. 8 Section 1301. 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 1302. 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 exist or hereafter may be amended, for the holding of municipal elections , so far as the same are not in con- flict with this Charter; provided, however, that in the case of the first election held under this Charter, the time for filing nomination papers and the time for publishing the notice of election is extended until the fortieth day prior to the election. Section 1303. 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.exist or `-hereafter 'may .bey amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use. thereof in the i City so far as such provisions of the Elections :Code are not in conflict with the provisions of this Charter. ARTICLE XIV FRANCHISES Section 1400. GRANTING 0. FRANCHISES. Any person, firm or corporation furnishing the City or its inhabitants with trans- portation, communication, terminal facilities , water , light, heat, electricity, gas, power , refrigeration, storage or any other public utility or service, or using the public streets, ways, alleys or places for the operation of plants , works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any . such service 11 elsewhere , may be required by ordinance to have a vali"d an existing franchise therefor. The City Council is e;.powered to grant such franchise to any person, firm or corporation, *.:-'rletrer operating under an existing franchise or not, and to prescri'be the terms and conditions of any such grant. It may. also provide, by procedural ordinance, the method of procedure and additional, terms and conditions of such grants , or the making thereof, all subject to the provisions of this Charter . . Nothing in this Section, or elsewhere in this Article , shall apply to the City, or to any department thereof, when furnishing any such utility or service. Section 1401. RESOLUTION OF INTENTION. NOTICE AND :7,3LIC HEARING. Before granting any franchise , the City Council shall pass a resolution declaring its intention to grant the sa=e, stating the name of the proposed grantee, the character o- the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk . to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty ror, ' more than sixty days after the passage .of said resolution. 7-7-65 48 -- At the time set for the hearing the City Council shall pro- ceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. Section 1402. TERMS OF FRANCHISE. Every franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed forty years. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of' such franchise and situate within the territorial limits of the State,. municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Section 1403. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. 7_7_65 Any f_anchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the adoption of the ordinance grant- ing the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of suc._ Sr antea that if and when the City shall thereafter annex, or consolidate t: .th, additional territory any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitu- tional provision, shall likewise be deemed to be abandoned with- in the limits of such territory. ',To grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assign- ees thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and by this Charter. Section 1404. ENINZENT DOMAIN. No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term. or in per- petuity, the City's right of eminent domain with respect to any public utility. `- Section 1405. DU'iIES OF GRANTEES. By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms -and conditions imposed in the grant, or by procedural ordinance and shall further agree to: (a) Comply with all lawful ordinances, rules and reguia- tioris theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment. (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise. 50 7-28-65 (c) Indemnify and hold harmless the City and its officers and employees from any and all liability for damages proximately resulting from any operations under such franchise and provide such insurance and/or bond as the City* Council may require. (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, align- ment or width of any public street, way, alley or place, includ- ing the construction of any subway or elevated transit facilities, or by the construction or improvement of any public property or facility, or if the public health, comfort, welfare, convenience, or safety so demands. (e) Pay to the City during the life of the franchise a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section 1406. EXERCISING RIGHTS WITHOUT FRANCHISE. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. 7-28-65 51. ARTICLE XV MISCELLANEOUS Section 1500 . 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 1501. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding Five Hundred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any such violation continues shall constitute a separate violation. Section 1502. VALIDITY. If any provision 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. 7-28-65 52. PROOF FROM MARTIN & CHAPMAN CO., LTD. 2131 BIXBY ROAD LAKEWOOD, CALIFORNIA 90712 Phone 426-2511 PLEASE RETAIN THIS PROOF FOR YOUR FILES. PROOFS ALSO SENT TO: ❑ CITY CLERK [] CITY ATTORNEY ❑ BOND ATTORNEYS SAMPLEL I - I I I (This number shall be torn off by inspector and handed to the voter) ;Z MARK CROSS c+, ON BALLOT ONLY WITH RUNNER STAMP; I I� IW NEVER WITH PEN OR PENCIL. No. 1234 is (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) I I HAVE VOTED—HAVE YOU? i (Fold ballot to this perforated line,leaving top margin exposed.) i----------------``--------------------- --------- ! (PERFORATED LINE) I MUNICIPAL BALLOT SPECIAL MUNICIPAL ELECTION I CITY OF HUNTINGTON BEACH I ORANGE COUNTY, CALIFORNIA TUESDAY, JANUARY 11, 1966 Cn 1z To iW INSTRUCTIONS TO VOTERS. a c osse(+ )on ain the voting square ny measure, stamp ® 10 after the word "Yes" or after the word `No." All marks, except the cross (+) la are forbidden. All distinguishing marks or erasures are forbidden and make the Iv ballot void. j If you wrongly stamp, tear or deface this ballot, return it to the inspector Of election and obtain another. 1 On absent voter ballots mark a cross (+) with pen or pencil. I I MEASURE SUBMITTED TO VOTE OF VOTERS I I . Shall the proposed Charter for the City of Huntington Beach which vEs was caused to be framed by the City Council of the City of Huntington I Beach during 1965 be ratified and adopted? NO I , I i I_ I ! NOTICE 1 NOTICE IS HEREBY GIVEN that by authority of Resolution No. 2293 of the City Council of the City of Huntington Beach, the duly elected, qualified and acting City Clerk of said City9 i will conduct a canvass of all ballots cast it the Special Municipal Election to be held on January 11 , 1966. NOTICE IS FURTIER GIVEN that the time for said canvass shall be at 10 :00 A.M. , on January 12, 1966, in the '.%ouncil Chamber of the City Hall, Sixth and Magnolia Streets , Huntington Beach, California. January 7, 1966 Paul C. Jones ity Clerk, City of Huntington Beach, Calif . -erg---- PK%JwF FROM MARTIN & CHAPMAN CO., LTD. 2)31 BIXBY ROAD LAKEWOOD, CALIFORNIA 90712 Phone 426-2511 PLEASE RETAIN THIS PROOF FOR YOUR FILES. PROOFS ALSO SENT TO: 3 ❑ CITY &*K;: ❑ CITY ATTORNEY ❑ BOND ATTORNEYS r LJ yEP OP T EUREKq• tiF �P a W C'4CIFORN�P DEPARTMENT OF STATE i To all whom these presents shall come, Greetings: I,FRANK M. JORDAN, Secretary of State of the State of California,hereby certify: That the annexed transcript has been compared with the RECORD on file in , my office, of which it purports to be a copy, and that the same is full, true and correct. 1 In testimony whereof, I, FRANK M. JORDAN, Secretary of State, have hereunto caused the Great Seal of the State of Calif ornia to be affixed and my name subscribed, at the City of Sacramento, in the State t of California, this FEB 10 l _ Secretary of State ---------------------------------------------------------------- Assistant Secretary of State - I r Assembly Concurrent Resolution No.3 k; Adopted in Assembly February 7, 1966 r w; Chief Clerk of the Issembly Adopted in Senate February 8, 1966 ---------------- Secretary of the.Senate This resolution was received by the Secretary of State this a _1_d1_`�day of--- F ____,1966,at_Z_�___o'clock z'_M. r: l= e Assistant Secretary of State Corrected 2-10-66 r A -- 3 — CHAPTER____-_ Assembly Concurrent Resolution No. 3—Approving the Charter of the City of Huntington Beach, County of Orange, State of California, ratified by the qualified electors of the city at a spectral election held therein on the 11th day of January,1966. WUMEAS, Proceedings have been taken and had for the pro- posal, adoption and ratification of the Charter of the City of Huntington Beach, a municipal corporation in the County of Orange, State of California, as hereinafter set forth in the certificate of the mayor and city clerk of the city, as follows: Certificate of Ratification by Electors of the City of Huntington Beach, California, of City Charter State of California County of Orange ss. City of Huntington Beach We, the undersigned, Donald D. Shipley, Mayor of the City of Huntington Beach, State of California, and Paul C. Jones, City Clerk of said City, do hereby certify and declare as follows: That said City of Huntington Beach, in the County of Orange, State of California, is now, and was at all times herein mentioned, a city containing a population of more than fifty thousand inhabitants as ascertained by the last preceding census taken under the authority of the Congress of the United States; That the legislative body of said city, namely, the City Council thereof, did, in accordance with the provisions of Section 8, Article XI, of the Constitution of the State of California, cause to be framed a proposed charter for its own government and duly and regularly submitted to the qualified electors of the City of Huntington Beach a proposition for Vie adoption of the proposed charter of the City of Ilun- tino'ton Beach at a special municipal election called and held for that purpose in said city on the Ilth day of January, 1966; That such proposed charter was published and advertised in accordance with the provisions of Section 8 of Article YI of the Constitution of the State of California on the 25th day s — 4 — — 5 — of November, 1965, in the Huntington Beach News, a weekly THE CHARTER of THE CITY or HurrTxxaTorr Bnacx newspaper of general circulation printed and published in the City of Huntington Beach, the official newspaper of said City Table of. Contents of Huntington Beach. That copies of said proposed charter were printed in con- Article I. 'Name of City venient pamphlet form and in type not less than 10-point as required by law, and copies thereof were mailed to each of Section 100. Name the qualified electors of said City of Huntington Beach within Section 101. Seal the time and manner required by law. And until the date fixed for the election, January 11, 1966, Article II. Boundaries as hereinafter set forth, there was published in said Hunt- ington Beach News an advertisement stating that copies of Section 200. Boundaries � said proposed charter could be had, upon application therefor, at the office of the City Clerk of said City of Huntington Beach. Article III. Succession That copies of said pamphlet containing said proposed Section 300. Rights and Liabilities charter could be had upon application therefor at the office Section 300. Ordinances.Continued in Effect of the City Clerk of said City d all times, e and including Section 302. Rights of Officers and Employees Preserved quireJanu b 11, d Se the date fixed for said election, all as re- Section `303. Continuance of Present Officers and Employ- the State of California. ees That in accordance with the provisions, and in the man- Section 304. Continuance of Contracts and Public Im- ner provided by law, the said special municipal election was provements ectioxi 305. Pending Actions and Proceedings duly and regularly held in said city, after due notice given Section 306. EtTective Date of Charter and published, on January 11, 1966, which day was not less than forty (40), nor more than sixty (60) days after the Article IV. Powers of City completion of the publication and advertisement of the afore- mentioned proposed charter in the Huntington Beach News, Section 400. Powers of City the official newspaper of said City of Huntington Beach. Section. 401. Procedures That, in accordance with law, the City Clerk, of the City of Huntington Beach, County of Orange, State of California, Article V. City Council and Elective Officers did duly and regularly canvass the returns of said election and on the 17th day of January, 1966, did certify to the City Council of the City of Huntington Beach the result of such Section 500. City Council, Clerk, Treasurer and Attorney. Terms canvass; that said City Council on the 17th day of January, Section 501. Eligibility 1966, did duly find, determine and declare the result of said Section 502. Compensation special election as determined from the canvass of the returns Section 503. Vacancies thereof aforesaid to be that a majority of the qualified elec- Section 504. Presiding Officer tors of said city voting on said proposed charter had voted for, ratified and adopted said charter. Section 505. Powers Vested in City Council That said charter so prepared, proposed, submitted, rati- Section 506. Regular Meetings Section 507. Special Meetings feed and adopted is in the words and figures following: Section 508. Place of Meetings Section 509. Quorum. Proceedings Section 510. Citizen Participation Section 511. Adoption of Ordinances and Resolutions Section 512. Ordinances. Enactment. Publication Section 513. Codification of Ordinances Section 514. Ordinances.When Effective - 6 - -= 7 - Section 515. Ordinances. Violation. Penalty Article X. Personnel System Section 51.6. Ordinances. Amendment Section 517. Publishing of Legal Notices Section 518. Contracts. Execution Section 1000. System to be Established Article VI. City Administrator Article XI. Retirement Section 600. City Administrator Section 1100. State System Section 60 . Residence Section 602. Eligibility Article XII. Fiscal Administration Section 603. Compensation and Bond Section 1200. Fiscal Year Section 604. Powers and Duties Section 605. Meetings Section 1201. Annual Budget. Preparation by the City Section 606. Removal Administrator Section 607. Non-Interference with Administrative Service Section 1202. Budget. Submission to City Council Section 608. Acting City Administrator Section 1203. Budget. Public Hearing Section 1204. Budget. Further Consideration and Adop- Article Vil. Officers and Employees tion Section 1205. Budget. Appropriations Section. 700. Enumeration Section 1206. Centralized Purchasing Section 701.. Appointment and Removal Section 1207. Tax Limits Section 702. Administrative Departments Section 1208. Tax Procedure Section 703. City Attorney. Powers and Duties Section 1209. Bonded Debt Limit Section 704. City Clerk. Powers and Duties Section 1210. Revenue Bonds Section 70.5. City Treasurer. Powers and Duties Section 1211. Contracts on Public Works Section 706. Director. of Finance. Powers and Duties Section 1.212. Contingency Fund Section 707. City Engineer. Police Chief. Fire Chief Section 1213. Capital Outlays Fund Section 703. Administering Oaths Section 1214. Treasurer's Departmental Trust Fund Section 709. Illegal Contract. Financial Interest Section 1215. Other Funds Section 710. Acceptance of Other Office Section 1216. Claims and Demands. Presentation and Pay- Section 711. Nepotism ment Section 712. Official Ponds Section 1217. Actions Against City. Section 1218. Registering Warrants Article VIII. Appointive Boards and Commissions Section 1219. Independent Audit Section 800. In General Section 1220. Sale of Public Utility Section 801. Appropriations Article XIII. Elections Section 802. Appointments. Terms Section 803. Existing Boards Section 1300. General Municipal Elections Section 804. Meetings. Chairman Section 1301. Special Municipal Elections Sections 805. Oaths. Affirmations Section 1302. Procedure for Holding Elections Section 806. Planning Commission. Powers and Duties Section 1303. Initiative, Referendum and Recall Section 807. Library Board. Powers and Duties Section 808. Personnel Board. Powers and Duties Article XIV. Franchises Article IX. Board of Education Section 1400. Granting of Franchises Section 900. State Law Governs Section 1401. Resolution of Intention. Notice and Public Section 901. Effect of Charter on District Hearing Section 1402. Terms of Franchise Section 902. Effect of Charter on Board - 20 — — 21 — of such notice, the City Administrator may by written notifica- offices, shall be appointed and may be removed as elsewhere in tion to the City Clerk request a public hearing before the City this Charter provided. Council, in which event the Council shall fix a time for.a Section 702. Administrative Departments. The,City Coun- public hearing which shall be held at its regular meeting place cil may provide by,ordinance or resolution not inconsistent before the expiration of the thirty-day period above referred with this Charter, for the organization, conduct and operation to. The City Administrator shall appear and be heard at such of the several offices and departments of the City as established hearing. After furnishing the City Administrator with written by this Charter, for the creation of additional departments, notice of his intended removal, the City Council may suspend divisions,,offices and agencies and for their consolidation, alter- him from duty, but his compensation shall continue until his ation or abolition. It may further provide by ordinance or removal as herein provided. In removing the City Adminis- resolution for the assignment and reassignment of functions, trator, the City Council shall use its uncontrolled discretion, duties, offices and agencies to offices and departments, and for and its action shall be final and shall not depend upon any the number, titles, qualifications, powers, duties, and compen- particular showing or degree of proof at the hearing, the pur- sation of all officers and employees, consistent with this Char- pose of which is to allow the City Council and the City Ad- ter. Each department so created shall be headed by an officer ministrator to present to each other and to the public all as department head. pertinent facts prior to the final action of removal. When the positions are not incompatible, the City Council Section 607. Non-interference With Administrative Serv- may combine in one person the powers and duties of two or ice. Except as otherwise provided in this Charter, no member more officers, provided, however, that the same person shall of the City Council shall order, directly or indirectly, the ap- not hold the positions. of City Treasurer and Director of pointment by the City Administrator, or by any of the depart- Finance. ment heads in the administrative service of. the City; of any Section 703. City Attorney. Powers and Duties. To be- person to any office or employment, or his removal therefrom. come and remain eligible for City Attorney the person elected Except for.the purpose of inquiry, no member of the City or appointed shall be an attorney at law, duly licensed as such Council shall deal with the administrative -service under the under the laws of the State of California, and shall have been jurisdiction of the City Administrator except through the City engaged in the practice of law in this State for at least three Administrator, and no member of the City Council shall give years prior to his election or appointment. The City Attorney orders to any subordinate of the City Administrator, 'either shall have.the power and may be required to: publicly or privately. (a) Represent and advise the City Council and all City Section 608. Acting City Administrator. The City Ad- officers in all matters of law pertaining to their offices. ministrator shall appoint, subject to .the approval of the City (b) Prosecute on behalf of the people any or all criminal Council, one of the other officers or department heads of the cases arising from violation of the provisions of this Charter City to serve as Acting City Administrator during any tem.; or of City ordinances and such state misdemeanors as the City porary absence or disability of the City Administrator: If he has.the power to prosecute, unless otherwise provided by the fails to make such appointment, the City Council may appoint City Council. an officer or department head to serve as such Acting City (c) Represent and appear for the City in any or all actions Administrator during any such absence or disability, or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or Article VII Officers and Employees former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or Section 700. Enumeration. In addition to the City Coun- is a party for any act arising out of liis employment or by rea- cil, a City Clerk, a City Treasurer, and City Administrator,- son ofl his official capacity. the officers and employees of.the City shall consist of a City -(d) Attend all regular meetings of the City Council, unless Attorney, a Director of Finance, a Director of Public.Works, excused, and give his advice or opinion orally or in writing a Planning Director, a Police Chief,. a Fire Chief, and such whenever requested to do so by the City Council or by any of other officers, assistants, deputies and employees as the City the board's or,officers of the City. Council may provide by-ordinance or resolution.. (e) Approve the form of all contracts made by and all bonds Section 70L Appointment and Removal. All,officers,',de- and ,.insurance given to the City, endorsing his approval, partment heads and employees of the City, except elective thereon in writing. I — 22 — — 23 — (f) Prepare any and all proposed ordinances and City Section 705. City Treasurer. Powers and Duties. The Council resolutions and amendments thereto. City Treasurer shall have the power and shall be required to: (g) Devote such time to the duties of his office and at such (a) Receive on behalf of the City all taxes, assessments, li- place as may be specified by the City Council. cense fees and other revenues of the City, or for the collection (h) Perform such legal functions and duties incident to the of which the City is responsible, and receive all taxes or other execution of the foregoing powers as may be necessary. money receivable by the City from the County, State or Fed- (i) Surrender to his successor all books, papers, files and eral Government, or from any court, or from any office, de- documents pertaining to the City's affairs. partment or agency of the City. The City Council shall have control of all legal business and (b) have and keep custody of all public funds belonging to proceedings and all property of the legal department, and may or under control of the City or any office, department or employ other attorneys to take charge of or may contract for agency of the City government and deposit or cause to be de- any prosecutions, litigation or other legal matters or business. posited all funds coming into his hands in such depository as Section 704. City Clerk. Powers acid Duties. The City may be designated by reiiolution of the City Council, or, if no Clerk shall have the power and shall be required to: , such resolution be adopted, then in such depository designated (a) Attend all meetings of the City Council, unless excused, in writing by the City Administrator, and in compliance with and be responsible for the recording and maintaining of a full all of the provisions of. the State Constitution and laws of the and true record of all of the proceedings of the City.Council in State governing the handling, depositing and securing of pub- books that shall bear appropriate title and be devoted to such lic funds. purpose. (c) Pay out moneys only on proper orders or warrants in (b) Maintain separate books, in which shall be recorded the manner provided for in this Charter. respectively all ordinances and resolutions, with the certificate (d) Prepare and submit to the Director of Finance monthly of the Clerk annexed to each thereof stating the same to be the written reports of all receipts, disbursements and fund bal- loriginal .or a correct copy, and .as to an ordinance requiring ances, and shall file copies of such reports with the City Ad- publication, stating that the same has been published or posted ministrator and City Council. in accordance with this Charter. (e) Perform such other duties consistent with this Charter (c) Maintain separate records of all written contracts and as may be required by ordinance or resolution of the City official bonds. Council. (d) Deep all books and records in his possession,properly The City Treasurer may, subject to the approval of the City indexed and open to public inspection when not in actual use. Council, appoint such deputy or deputies to assist him or act (e) Be the custodian of the seal of the.City. for him, at such salaries or compensation as the Council may (f) Administer oaths or affirmations, take affidavits and by ordinance or resolution prescribe. depositions pertaining to the affairs and business of the City Section 706. Director of Finance. Powers and Duties. To and certify copies of official records. be eligible for appointment as Director of Finance, the person (g) Ee ex-officio Assessor, unless the City Council has appointed shall have had at least six years of responsible fi- avaiied itself, or does in the future avail itself, of the provi- nancial experience including at least four years in a public sions of the general laws of the State relative to the assess- agency and shall have such other qualifications as may be re- ment of property and the collection of City taxes by county quired by the City Council. The Director of Finance shall have officers, or unless the City Council by ordinance provides other- the power and shall be required to: wise. (a) have charge of the administration of the financial af- (h) IIave charge of all City elections. fairs of the City under the direction of the City Administrator, (i) Perform such other duties consistent with this Charter and be head of the Finance Department of the City. as may be required by ordinance.or resolution of the City (b) Assist the City Administrator in the preparation and Council. execution of the budget. The City Clerk may, subject to the approval of the. City (c) Establish and maintain a system of financial procedures, Council, appoint such deputy or deputies to assist him or act accounts and controls for the City government and each of its for him, at such salaries or compensation as the Council may offices, departments and agencies. by ordinance or resolution prescribe. (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that — 24 --- — 25 — budget appropriations are not exceeded; audit all purchase No member of. the City Council, City official or employee, or orders before issuance; audit and approve before payment all member of any board or commission, shall be deemed to have a bills, invoices, payrolls, demands or charges against the City fi.rancial interest, within the meaning of the foregoing provi- government; with the advice of the City Attorney, when neces- sions, in any contract made with a corporation by reason of sary, determine the regularity, legality and correctness of such the ownership of stock in such corporation unless said stock claims, demands or charges; and draw warrants upon the City owned by him shall amount to at least tbree per cent of all Treasurer for all claims and demands audited and approved the stock of such corporation issued and outstanding. No City as in this Charter provided specifying the purpose for which Councilman or member of any board or commission shall vote drawn and the fund from which payment is to be made. on or participate in any contract or transaction in which he (e) Supervise and be responsible for the receipt and col- has directly or indirectly a financial interest whether as a lection of all taxes, assessments, license fees and other revenues stockholder of the corporation or otherwise. If any officer, or of the City, or for the collection of which the City is respon- employee, or member of any board or commission, during the sible, and all other money receivable by the City from the term for which he was elected or appointed, shall so vote or County, State or Federal Government, or from any court, participate, or shall have a financial interest as aforesaid, upon office, department or agency of the City. conviction thereof, he shall forfeit his office. (f) Submit to the City Council through the City Adminis- Section 710. Acceptance of Other Office. Any elective of- trator a monthly statement of all revenues and expenditures ficer of the City who shall accept or retain any other elective in sufficient detail to show the exact financial condition of the public office, except as provided in this Charter, shall be City; and, as of the end of each fiscal year, submit a complete deemed thereby to have vacated his office under the City financial statement and report. government. (g) Supervise the keeping of current inventories of all Section 711. Nepotism. The City Council shall not ap- property of the City by all City departments, offices and agen- point to a salaried position under the City government any cies. person who is a relative by blood or marriage within the third (h) Perform such other duties consistent with this Charter degree of any one or more of the members of such City Coun- as may be required of him. cil, nor shall the City Administrator or any department head Section 707, Director of Public Works. Planning Direc- or other officer having appointive power appoint any relative tor. Police Chief. Fire Chief. The Director of Public of his or of any Councilman within such degree to any such `'forks, the Planning Director, the Police Chief and the Fire position. Chief shall be the heads of their respective departments, and Section 712. Official Bonds. The City Council shall fix by these departments shall continue and remain separate depart- ordinance or resolution the amounts and terms of the official ments. bonds of all officials or employees who are required by this Section 708. Administering Oaths. Each department head Charter or by ordinance to give such bonds. All bonds shall and his deputies shall have the power to administer oaths and be executed by responsible corporate surety, shall be approved affirmations in connection with any official business pertaining as to form by the City Attorney, and shall be filed with the to his department. City Clerk. Premiums on official bonds shall be paid by the Section 709. Illegal Contract. Financial Interest. No City. A blanket bond may be used if it provides the same pro- member of the City Council shall have a financial interest, tootion as the required separate bonds would provide. directly or indirectly, in any contract, sale or transaction to In all cases wherein an employee of the City is required to which the City is a party and neither shall any officer or em- furnish a faitbful performance bond, there shall be no personal ployee, or member of any board or commission, have an in- liability upon, or any right to recover against, his superior terest in any contract, sale or transaction to which the City officer or other officer or employee, or the band of the latter, is a party and which comes before said officer or employee, or unless such superior officer, or other officer or employee is a member of any board or commission, or the department- or party to the act or omission, or has conspired in the wrongful office of the City with which he is connected, for official action. act directly or indirectly causing the loss. Any such contract or transaction in which there shall be such an interest shall become void at the election of the City, when so declared by resolution of the City Council. i - 26 — — 27 — Article VIII Appointive Boards and Commission of this sentence shall not apply to executive sessions to con- sider the appointment, employment, discipline or dismissal of Section 800. In General. There shall be the following a public officer or employee or to hear complaints or charges named advisory boards and commissions which shall have the against any such officer or employee. powers and duties herein stated. In addition, the City Council The City Administrator shall designate a secretary for may create by ordinance such additional advisory boards or each of such boards and commissions who need not be a commissions as in its judgment are required, and may specify member of such board and commission, and who shall keep a the number of members thereof, their terms and manner of record of its proceedings and transactions. Each board or appointment, and may grant to them such powers and duties commission may prescribe its own rules and regulations, which as are consistent with the provisions of this Charter. shall be consistent with this Charter and shall be subject to Section 801. Appropriations. The City Council shall in- the approval of the City Council. Copies of such rules shall elude in its annual budget such appropriations of funds as in be kept on file in the office of the City Clerk where they shall its opinion shall be sufficient for the efficient and proper func- be available for public inspection. tioniug of such boards and commissions. Section 805. Oaths. Affirmations. Each member of any Section 802. Appointments. Terms. The members of each such board or commission, and the, secretary thereof, shall of the boards or commissions hereinafter named in this Article have the power to administer oaths and affirmations in any shall be appointed by the City Council from the registered investigation or proceeding pending before such board or voters of the City, none of whom shall hold any full time commission. paid office or employment in the City government. They shall Section 806. Planning Commission. Powers and Duties. be subject to removal by motion of the City Council adopted There shall be a Planning Commission consisting of seven by the affirmative votes of a majority of the total membership members who shall have been residents of the City for at thereof. The members thereof shall serve for terms of four least two. years immediately preceding their appointment. years and until their respective successors are appointed and The City Attorney and Director of Public Works, or their qualified. The terms shall be staggered so that the number of assistants, shall attend all meetings of the Planning Commis- terms on any such board or commission expiring in any year sion unless excused therefrom. The Planning Commission shall shall not differ by more than one from the number of terms have the power and be required to: expiring in any other year. Such terms shall expire on June (a) Recommend to the City Council after a public hearing Thirtieth of the appropriate year. A vacancy occurring before thereon, the adoption, amendment or repeal of a Master or the expiration of a term shall be filled by appointment for the General Plan, or any part thereof, for guidance in the physi- remainder of the unexpired term. cal development of the City. Section 803. Existing Boards: b The members of the boards ( ) Exercise such functions with respect to land subdivi- and commissions holding office when this Charter takes effect lions as shall be provided by ordinance not inconsistent with shall continue to hold office thereafter until their respective the provisions of this Charter. terms of office shall expire and until their successors shall be ( ) e Exercise such functions with respect to zoning, build- appointed and qualified. If the membership of any board or in-, land use, precise plans, specific plans, and related matters commission is reduced or increased by this Charter, the mem- as may be prescribed by ordinance not inconsistent with the bers to be added or eliminated shall be determined by the City provisions of this Charter. Council. The terms of the members of any existing board or (d) Perform such other functions not inconsistent with commission shall be adjusted, if necessary, to comply with the this Charter as may be delegated to it by the City Council. provisions of this Charter. Section 807. Library Board. Powers and Duties. There Section 804. Meetings. Chairman. As soon as practica- shall be a Library Board consisting of five members which ble, following the first day of July of every year, each of such shall have the power and duty to: boards and commissions shall organize by electing one of its (a) Make recommendations to the City Council for the members to serve as presiding officer at the.pleasure of the operation and conduct of. City libraries. board or commission: All'meetings of said .boards and com- (b) Recommend to the City Council rules and regulations missions shall be open to the public and all persons shall be . and by-laws for the administration and protection of City permitted to attend such meetings, except that the provisions libraries. - 29 — — 29 — (c) Recommend to the City Council the duties and qualifiea- Article IX Board of Education tions of the librarian and other officers and employees of the libraries. Section 900. State Law Governs. The manner in which, (d) Make recommendations concerning the acquisition of the times at which, and the terms for which the members of books, journals, reports, maps, publications and other per- the Board of Education shall be elected or appointed, their sonal property. qualifications, compensation and removal and the ninriber (e) Make recommendations concerning the purchase or lease which shall constitute such board shall be as now or hereafter of real property and the rental or provision for adequate prescribed by the Education Code of the State of California, facilities, buildings or rooms for library purposes. provided that the number of members which shall constitute (f) Make recommendations concerning the borrowing of such board shall be five unless and until said number shall be library materials from and lending library materials to and changed by or pursuant to the terms of said Education Code. exchanging library materials with other libraries subject to Section 901. Effect of Charter on District. The adoption any costs and expenses approved by the City Council. of this Charter shall not have the effect of creating any new (g) Consider the annual budget for library purposes dur- school district nor shall the adoption of this Charter have any ing the process of its.preparation and make recommendations effect upon the existence or boundaries of any present school with respect thereto to the City Council and the City Ad- district within the City or of which the City comprises a part, ministrator. but each such present school district shall continue in existence (h) Within sixty days after the.close of each fiscal year, subject to the provisions of the laws of the State of California report to the City Council on the condition of the libraries as the same now exist or hereafter may exist. for the preceding fiscal year and on such other matters deemed Section 902. Effect of Charter on Board. The five mem- expedient by the Library Board. hers of the Board of Education in office on the effective date (i) Exercise such other functions not inconsistent with this of this Charter shall continue as such until the expiration of Charter as may be prescribed by ordinance. their terms and until the election and qualification of their Section 808. Personnel Board. Powers and Duties. There respective successors under said Education Code; and if neces- shall be a Personnel Board consisting of five members, none or of the members of which while more of its membbee a member of said board or for m the Board Education shall adjust the term of one a period of one year after he has ceased for any reason to be orrs by not more than. one year so that here- • member, shall occupy or be eligible fora ointment to an after the terms of the ruembers of said Board shall comply with said Education Code. salaried office or employment in the service of the City. The Personnel Board shall have the power and be required to: Article X Personnel System (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration. Section 1000. System to be Established. The City Council (b) After a public hearing.thereon, recommend to the City shall within six months of the effective date of this charter, by Council, the adoption, amendment or repeal of personnel rules ordinance establish a comprehensive personnel system for the and regulations. selection, employment, classification, advancement, demotion, (c) Make any investigation. upon request of the City Coun- suspension, discharge and handling of grievances of those ap- eil concerning the administration of personnel in the munic- pointive officers and employees who shall be included in the ipal service and report its findings to ,the City Council and system. The system shall consist of the establishment of mini- City Administrator. mum standards of, employment and qualifications for the vari- (d) Bear appeals of any officer or employee under the ous chasses of employment and procedures to be followed in Personnel System who is suspended for a period of more advancement, dernoti.on, suspension and discharge of employees than thirty clays, demoted or removed, and report in writing included within the system, as the City Council shall determine to the appointing power and City Council, its findings; con to be for the best interests of the public service. The ordinance elusions and recommendations. shall designate the departments and the appointive officers and (e) Exercise such functions .with respect to personnel or. employees who shall be included within the system. By sub- the Personnel System, not inconsistent herewith, as may be Sequent ordinances the City Council may amend the system or prescribed by ordinance or,requested by the City Council. the list of departments and appointive officers and employees I - 30 — — 31 — included within the system, provided, however, that once in- than ton days prior to said hearing, by at least one insertion eluded within the system, no department, officer or employee in the official. newspaper. Copies of the proposed budget shall shall be withdrawn therefrom (unless the department, office be available for inspection by the public in the office of the City or position is actually abolished or eliminated) without the Clerk at least ten days prior to said hearing. approval of such withdrawal at a regular or special election by Section 1203. Budget. Public Hearing. At the time so a majority of the voters voting on such proposition. The sys- advertised or at any time to which such public hearing shall tem shall comply with all other provisions of this Charter. from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested per- Article XI Retirement sons desiring to be heard shall be given such opportunity. Section 1204. Budget. Further Consideration and Adop- Section 1100. State System. Authority and power are tion. At the conclusion of the public hearing the City Council hereby vested in the City, its City Council and its several offi- shall farther consider the proposed budget and make any re- cers, agents, and employees to do and perform any act, and to visions thereof that it may de.enn advisable and on or before exercise any authority granted, permitted, or required under June 30 it shall adopt the budget with revisions, if any, by the the provisions of the State Employees' Retirement Act, as it affirmative votes of at least a majority of the total members now exists or hereafter may be amended, to enable the City to of the Council. Upon final adoption, the budget shall be in continue as a contracting City under the State Employees' Re- effect for the ensuing fiscal year. Copies thereof, certified by tirement System. The City Council may terminate any contract the City- Clerk, shall be filed with the City Administrator, Di- with the Board of Administration of the State Employees' Re- rector of Finance, City Treasurer, and the person retained by tirement System only under authority granted by ordinance the City- Coturcil to perform the post audit function, and a adopted by a majority vote of the electors of the City voting further copy shall be placed, Null shall remain on file, in the on such proposition at an election at which such proposal is office of the City Clerk where it shall be available for public presented. inspection. The budget; so certified shall be reproduced and copies made available for the use of the public and of depart- Article XII Fiscal Administration ments, offices and agencies of the City. Section 1205. Budget. Appropriations. From the effec- Section 1200. Fiscal Year. The fiscal year of the City tive date of the budget, the several amounts stated therein as government shall begin on the first day of July of each year proposed expenditures shall be and become appropriated to and end on the thirtieth day of June of the following year. the several departments, offices and agencies for the respective Section 1201. Annual Budget, Preparation by the City objects and purposes therein named, provided, however, that Administrator. At such date as the City Administrator shall the City Administrator may transfer funds from one object determine, each board or commission and each department head or purpose to another within the same department, office or shall furnish to the City Administrator, personally, or through agency. All appropriations shall lapse at the end of the fiscal the Director of Finance, estimates of revenue and expendi- year to the extent that they shall not have been expended or tures for his department or for such board or commission for lawfully encumbered. the ensuing fiscal year, detailed in such manner as may be At any public meeting after the adoption of the budget, the prescribed by the City Administrator. In.preparing the pro- City Council may amend or supplement the budget by motion posed budget, the City Administrator shall review the esti- adopted by the affirmative votes of at least a majority of the mates, hold conferences thereon with the respective department total members of the City Council. heads, boards or commissions as necessary, and may revise the Section 1206. Centralized Purchasing. Under the control estimates as he may deem advisable. and direction of the City Administrator there shall be estab- Section 1202. Budget. Submission to City Council. At lished a centralized purchasing system for all City depart- least thirty days prior, to the beginning of each fiscal year, the ments and agencies, except as otherwise provided in this Char- City Administrator shall submit to the City Council the pro- ter. The City Administrator shall recommend and the City posed budget as prepared by him. After reviewing same and Council shall consider and adopt by ordinance, rules and regu- making such revisions as it may deem advisable, the City Conn- lations governing the contracting for, purchasing, storing, and ell shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less f: S' f k — 32 — i — 33 — distribution of all supplies, materials and equipment required at such rate shall be deemed to have been levied on all taxable by any office, department or agency of the City government. f property in the City for the current fiscal year. Section 1207. Tax Limits. k Section 1209. Bonded Debt Limit. The City shall not (a) The City Council shall not levy a property tax for incur an indebtedness evidenced by general obligation bonds municipal purposes in excess of One Dollar annually on each which shall in the aggregate exceed the sum of fifteen percent One Hundred Dollars of the assessed value of taxable prop- i of the total assessed valuation, for. purposes of City taxation, erty in the City, except as otherwise provided in this Section, of all the real and personal property within the City. unless authorized by the affirmative votes of a majority of the No bonded indebtedness which shall constitute a general electors voting on a proposition to increase such levy at any obligation of the City may be created unless authorized by the election at which the question of such additional levy for music- affirmative votes of two-thirds of the electors voting on such ipal purposes is submitted to the electors. The number of years proposition at any election at which the question is submitted that such additional levy is to be made shall be specified in to the electors and unless in full compliance with the provisions such proposition. of the State Constitution and of this Charter. (b) There shall be levied and collected at the same time and Section 1210. Revenue Bonds. Bonds which are payable in the same manner as other property taxes for municipal pur- only out of such revenues, other than taxes, as may be speci- poses are levied and collected, as additional taxes not subject to fled in such bonds, may be issued when. the City Council by the above limitation, if no other provision for payment thereof ordinance shall have established a procedure for the issuance is made,: of such bonds. Such bonds, payable only out of revenues, shall 1. A tax sufficient to meet all liabilities of the City of prin- not constitute an indebtedness or general obligation of the eipal and interest of all bonds and judgments due and unpaid, City. No such bonds payable out of revenues shall be issued or to become due during the onsuirig fiscal year, which Cori- without, Idle assent of: a majority of. the voters voting npcm the stitute general obligations of the City; and proposition 1°or issuing the, same at a.n election at: which such 2. A tax sufficient to meet all obligations of: the City under k proposition shall have been duly submitted to the registered the State Employees' Retirement System, the Federal Insur- t voters of the City. ance Contributions Act, or other plan, for the retirement of It shall be competent for the City to make contracts and City Employees, due and unpaid or to become due during the covenants for the benefit of the holders of any such bonds pay- ensuing fiscal year. j able only from revenues and which shall not constitute a gen- (c) Special levies, in addition to the above and not subject oral obligation of the City for the establishment of a fund or to the above limitation, may be made annually, based on City funds, for the maintaining of adequate rates or charges, for Council approved estimates, for the following specific pur- ! restrictions upon further indebtedness payable out of the poses, but not to exceed the following respective limits for same fund or revenues, for restrictions upon transfer out of those purposes for which limits are herein set forth, to wit: such fund, and other appropriate covenants. Money placed parks and recreation not to exceed. $0.20 per One Hundred in any such special fund for the payment of principal and/or Dollars; libraries not to exceed $0.15 per One Hundred Dol- interest on any issue of such bonds or to assure the application lars; advertising, music and promotion not to exceed $0.05 thereof to a specific purpose shall not be expended for any per One Hundred Dollars; civil defense and disaster prepared- other purpose whatever except for the purpose for which such ness not to exceed $0.03 per One Hundred Dollars; and for special funds was established and shall be deemed segregated public museums of natural and historical objects not to exceed from all other fluids of the City and reserved exclusively for $0.02 per One Hundred Dollars. The proceeds of any such the purpose for which such special fund was established until special levy shall be used for no other purpose than that the purpose of its establishment shall have been fully accom- specified. plished. Section 1208. Tax Procedure. The procedure for the as- Section 1.211. Contracts on Public Works. Except as here- sessment, levy and collection of taxes upon property, taxable inafter expressly provided, every contract involving an ex- for municipal purposes, shall be prescribed by ordinance of penditure of more than Two Thousand Five Hundred Dollars the City Council. ($2,500.00) for the construction or improvement (excluding If the City Council fails to fix the rate and levy taxes on or maintenance and repair) of public buildings, works, streets, before August 31 in any year, the rate for the next preceding drains, sewers, utilities, parks and playgrounds, and each fiscal year shall thereupon be automatically adopted and a tax 3—acr 3 h — 34 — — 35 — separate purchase of materials or supplies for the same, where on a cosh basis. All money so transferred from the Contin- the expenditure required for such purchase shall exceed the gency Fund shall be returned thereto before the end of the sum of Two Thousand Five Hundred Dollars ($2,500.00), fiscal year. shall be let to the lowest responsible bidder after notice by Section 1213. Capital Outlays Fund. A fund for capital publication in the official newspaper by two or more insertions outlays generally is hereby created, to be known as the "Cap- the first of which shall be at least ten days before the time for ital Outlays Fund" and to be a continuation of any existing opening bids. Capital Outlays Fund. The City Council may create by ordi- The City Council may reject any and all bids presented and nance a special fund or funds for a special capital outlay pur- may readvertise in its discretion. After rejecting bids, or if pose. The City Council may levy and collect taxes for capital no bids are received, or without advertising for bids if the outlays and may include in the annual tax levy a levy for such total amount of the contract or project.is less than Five Thou- purposes in which event it must apportion and appropriate to sand Dollars ($5,000.00), the City Council may declare and anysuch fund or funds the moneys derived from such levy. It determine that in its opinion, the work in question may be per- + may not, in making such levy, exceed the maximum tax rate formed better or more economically by the City with its own provided for in this Charter unless authorized by the affirma- employees, or that the materials or supplies may be purchased tive votes of a majority of the electors voting on the proposi- at a lower price in the open market, and after the adoption of tion at any election at which such question is submitted. The a resolution to this effect by the affirmative votes of a majority City Council may transfer to any such fund any unencuni- of the total members of the City Council, it may proceed to bered surplus funds remaining on hand in the City at any have said work done or such materials or supplies purchased in time. the manner stated without further observance of the provi- Once created such fund shall remaiii inviolate for the pur- sions of this Section. Such contracts may be let and such pose for which it was created; if for capital outlays generally, purchases made without advertising for bids if such work or then for any such purposes, and if for a special capital outlay, the purchase of such materials or supplies shall be deemed by then for such purpose only, unless the use of such fund for the City Council to be of urgent necessity for the preservation some other capital outlay purpose is authorized by the aifirma- of life, health or property, and shall be authorized by the af- tive votes of a majority of the electors voting on such proposi- firmative votes of at least two-thirds of the total members of tion at a general or special election at which such proposition the City Council, is submitted. Projects for the extension, replacement or expansion of the If the purpose for which any special capital outlay fund transmission or distribution system of any existing public util- has been created has been accomplished, the City Council may ity operated by the City or for the purchase of supplies or transfer any unexpended and unencumbered surplus remain- equipment for any such project or any such utility may be ing in such fund to the fund for capital outlays generally, excepted from the requirements of this Section by the affirma- established by this Charter. tive vote of a majority of the total members of the City Section 1214. Treasurer's Departmental Trust Fund. The Council. City Council may prescribe by ordinance for the setting up Section 1212. Contingency Fund. The City Council may m "Contingency of a Treasurer's Departmental Trust fund into which the maintain a revolving fund, to be known as the "Contin g y collections of or deposits with the police department, license Fund", for the purpose of placing the payment of the running collector, building official and other officers and departments expenses of the City on a cash basis. A balance may be built authorized to make collections or receive deposits may be up in this fund from any available sources, other than funds deposited at frequent intervals each month, with advice of which are by law or this Charter restricted to a particular use, each deposit being furnished to the City Treasurer and Di- in an amount which the City Council deems sufficient with rector of Finance. The City Treasurer shall make withdrawals which to meet all lawful demands against the City for the from such a fund only on order signed by the Director of first five months, or other necessary.period, of the succeeding Finance and for the following purposes: fiscal year prior to the receipt of sufficient revenues. Transfers i (a) Making a refund of refundable deposits when such re- may be made by the City Council from such fund to any fund is legally due from the City. other fund or funds of such sum or sums as may be required (b) Revolving fund advances authorized by the City for the purpose of placing such funds, as nearly as possible, Council. A — 36 — — 37 — Any h u bd et authorizing such payment. with (c) Correction of clerical or ministerial errors in the re- g Y Person dissatisfied ceipt of payments to the City. (d) Making settlements with City funds at the end of each the refusal of the City Administrator to approve any demand, in whole or in part, may present the same to the City Council calendar month for collections or deposits accumulated during which, after examining into the matter, shall approve or reject the month. the demand in whole or in part. Section 1215. Other Funds. The City Council may estab- Section 1217. Actions Against City. No suit shall be lish by ordinance such other funds, not inconsistent with the brought for money or damages against the City or any board, Provisions of this Charter, as it may consider appropriate commission or officer thereof on any cause of action for which or desirable. this Charter or the general law requires a claim to be pre- Section 1216. Claims and Demands. Presentation and Legislature sented, until a claim or demand for the same has been pre- Payment. Procedures prescribed by the State Le g sented as in this Charter provided and such claim and demand governing the presentation, consideration and enforcement of has been rejected in whole or in part. If rejected in part suit claims against chartered cities or against officers, agents and may be brought to recover the whole. Failure to complete employees thereof shall apply to the presentation, considera- action approving or rejecting any claim or demand within tion and enforcement of claims against the City. p In the absence of applicable procedures prescribed b the forty-five days from the day the same is presented shall be Y deemed a rejection thereof. State Legislature, and to the extent that the same are not Section 1218. Registering Warrants. Warrants on the inconsistent therewith, the following provisions of this Section o City Treasurer which are not paid for lac shall govern the presentation, processing and payment of all l: f. funds shall be registered. All registered warrants shall be paid in the order claims and demands against the City. .tlll claims for damages against the City must be presented of their registration when funds therefor are available and in writing to the City Clerk within one hundred days after the shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. - Section 1219. Independent Audit. The City Council shall occurrence, event or transaction from which the damages al legedly arose, and shall set forth in detail the name and ad- employ at the beginning of each fiscal year, an independent dress of the claimant, the time date place and circumstances certified public accountant who shall, at such time or times as of: the occurrence and the extent of the injuries or damages may be specified by the City Colincil, at least annnally, and sustained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof at such other times as he shall determine, examine the books, given. records, inventories and reports of all officers and employees All other demands against the City must be in writingand who receive, control, handle or disburse public funds and of may be in the form of a bill invoice all such other officers, employees or departments as the City mand. Each such demand shall v ce payroll, the Director Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by s of Finance within one hundred days after the last item of the uch account or claim accrued. The Director of Finance shall ex- accountant to the City Council, one copy thereof to be distrib- amine the same. If the amount thereof is legally due and there uteri to each member, one to the City Administrator, Director remains on his books an unexhausted balance of an a ro ria- of Finance, Treasurer, and City Attorney, respectively, and tionrem against which the same may be chars PP P sufficient additional copies of the audit shall. be laced on file such demand and draw his warrant r the City syall approve in the office of the City Clerk where they shall be available for al therefor, payable out of the proper fund. Otherwise he shall inspection by the general public, and y copy shall the published reject it. Objections of the Director of Finance may be over- statement as of the close of the fiscal year shall be published rnled by the City Council and the warrant ordered drawn, in the official newspaper. The Director of Finance shall transmit such demand with his Section 1a Sale of Public Utility. public utility approval or rejection thereof endorsed thereon, and warrant, now or hereafter owned or operated if any, to the City Administrator. If a demand is one for an leased or otherwise transferred or disposed of. unless author- i by f the City shall he sold, ized by the affirmative votes of at least a majority of the total item included within an approved budget appropriation, it shall require the approval of the City Administrator before membership of the City Council and by the affirmative votes payment; otherwise it shall require the approval of the City of at least two-thirds of the electors voting on such proposition Council, following the adoption by it of an amendment to the at a general or special election at which such proposition is submitted. 4-aer 3 - 39 - - 38 — and additional terms and conditions of such grants or the Article XIII Elections making thereof, all subject to the provisions of this Charter. Nothing in this Section or elsewhere in this Article, shall Section 1300. General Municipal Elections. General mu- apply to the City, or to any.department thereof, when furnish- nicipal elections for the election of officers, except members of ing the Board of Education and for such other purposes as the ing any such utility or servce. P P 'Section ].401. Licsol.ntion of Intention. Notice and Public City Council City Council may prescribe shall be held in the City on the ( Hearing. Before granting any franchise theYrant the same., second Tuesday in April in each even numbered year. The first shall pass a resolution declaring its intention to c, such general municipal election shall be held on the second statingthe name of the proposed grantee, the character of the Tuesday in April, 1966. franchise and the terms and conditions upon which. it is pro- Section 1301. Special Municipal Elections. All other mu- posed to be granted. Such resolution shall fix and set forth any the ving nicipal elections that may be held by authority of this Charter, day, hour and place when and where any rantinpersons thereof may or of any law, shall be known as special municipal elections. interest therein or any objection to the granting Section 1302. Procedure for Holding Elections. All elec- appear before the City Council and be heard thereon. It shall tions shall be held in accordance with the provisions of the direct the City Clerk to publish said resolution at least once, Elections Code of the State.of California as the same now within fifteen days of the passage thereof, in the official news- exist or hereafter may be amended, for the holding of munici- paper. The time fixed for such. hearing shall P t her le�f than exist pal elections, so far as the same are not in conflict with this twenty nor more than sixty days after the assa e Charter; provided, however, that in the ease of the first elec- tion held under this Charter, the time for filingnomination resolution. and the time for � At the time set for the hearing the City Council shall pro- paperspublishing the notice of election is ceed to hear and pass upon all protests and its decision thereon extended until the fortieth day prior to the election. shall be final and conclusive. Thereafter it may by ordinance Section 1303. Initiative, Referendum and Recall. There rant the franchise on the terms and conditions specified in the are hereby reserved to the electors of the City the powers of resolution of intention to grant the same, subject to the right the initiative and referendum and of the recall of municipal of referendum of the people, or it may deny the same. If the elective officers. The provisions of the Elections Code of the Citv Council shall determine that changes should be made in State of California, as the same now exist or hereafter may the terms and conditions upon which the franchise is proposed be amended, governing the initiative and referendum and the to be, ranted a new resolutionof intention shall be adopted recall of municipal officers, shall apply to the use thereof in and like proceedings had thereon. the City so far as such provisions of the Elections Code are not Section 1402. Terms of Franchise. Every franchise shall in conflict with the provisions of this Charter. state the term for which it is granted, which, unless it be in- for herein, shall not exceed forty determinate as provided Article XIV Franchises years. Section 1400. Granting A franchise grant maybe indeterminate,that ie effect say, it may of Franchises. Any person, firm provide that it shall endure in full force and effect until the or corporation furnishing the City or its inhabitants with same shall be voluntarily surrendered or abandoned by its pos- transportation, communication, terminal facilities, water, light, sessor, or until the State of California or some mumicipal or heat, electricity, gas, power, refrigeration, storage or any other public corporation, the retmto duly authorized by law, shall public utility or service, or using the public streets, ways, urchase by voluntary agreement or shall condemn and take, alleys or places for the operation of plants, works or equip- under the power of eminent domain, all property actually used ment for the furnishing thereof, or traversing any portion of and useful in the exercise of such franchise and situate within the City for the transmitting or conveying of any such service the territorial limits of the State, municipal or public corpora- elsewhere, may be required by ordinance to have a valid and tion purchasing or condemning such property, or until the existing franchise therefor. The City Council is empowered to franchise shall be forfeited for noncompliance with its terms grant .such franchise to any person, firm or corporation, by the possessor thereof. whether operating under an existing franchise or not, and to Section 1403. Grant to be in Lieu of: all Other Franchises. prescribe the terms. and conditions of any.such grant. It may Any franchise granted by the City with respect to any given also provide,by procedural ordinance, the method of procedure ntil ty service shall be in lieu of all other franchises, rights or S3 i — 40 — 41 — privileges owned by the grantee, or by any successor of the (c) Indemnify and hold harmless the City and its officers grantee to any right under such franchise, for the rendering of such utility service within der such franchise the limits of the City as they and employees from any and all liability for damages franchise now or may hereafter exist, except any franchise derived under mately resulting from any operations un Section 19 of Article XI of the Constitution of California as and provide such insurance and/or bond as the City Council said section existed prior to the amendment thereof adopted may require. e and relocate without expense to the City any October 10, 1911. The acceptance of any franchise hereunder, (d) Remov shall operate as an abandonment of all such franchises, rights facilities installed, used and maintained under the franchise and privileges within the limits of the City as such limits shall I if and when made necessary by an treet lawful way,change or place, at any time exist, in lieu of which such franchise shall .be alignment or width of any public granted. I including the construction of any subway or elevated transit Any franchise granted hereunder shall not become effective facilities, or by the construction or improvement of any public property or facility, or if the public health, comfort, welfare, until written acceptance thereof shall have been filed by the convenience, or safety so demands. grantee thereof with the City Clerk. Such acceptance shall be (e) Pay to the City during the life of the franchise a per- filed within ten days after the adoption of the ordinance grant- eentage, to be specified in the grant, of the gross annual re- ing the franchise, or any extension thereof granted by the City I ceipts of the grantee within the limit', of the City, or such Council, and when so filed, such acceptance shall constitute a other compensation as the City Council may prescribe in the continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional ter- grant. The ritory any and all franchises, rights and privileges owned by Section 1406. Exercising Rights Without Franchise. the grantee therein, except a franchise derived under said con- exercise by any person, firm or corporation of any privilege stitutional provision, shall likewise be deemed to be abandoned for which a franchise is required, without possessing a valid within the limits of such territory. No grant of any franchise and existing franchise therefor, shall be a misdemeanor and may be transferred or assigned by the grantee except b con- shall be punishable in the same manner as violations of this sent in writing of the City Council and unless the tra transferee Charter are punishable and each day that such condition con- or assignees thereof s1ra11 covenant and agree to perform and times to exist shall. constitute a separate violation. be bound by each and all of the terms and conditions imposed Article XV Miscellaneous in the grant or by procedural ordinance and by this Charter. Section 1404. Eminent Domain. No franchise grant shall in any way, or to any extent, impair or affect the right of the Section 1500. Definitions. Unless the provisions or the City to acquire the property of the grantee thereof either by context otherwise requires, as used in this Charter: Purchase or throng (a) "Shall" is mandatory, and "may" is permissive. p h the exercise of the right of eminent do- b "Cit " is the City of IIuntington Beach and depart- rnain, and nothing herein contained shall.be construed to con- ( ) Y " "officer" or tract away or to modify or to abridge, either for a term or in meat", "board", "commission", "agency , offi- perpetuity, the City's right of eminent domain with respect "employee", is a department, board commission, agency, to to any public utility. cer or employee, as the case may be, of the City of Huntington Section 1405. . Duties of Grantees. By its acceptance of Beach. any franchise hereunder, the (c) "County" is the County of Orange. grantee shall covenant and agree (d) "State" is the State of California. to perform and be bound by each and all of the terms.and conditions imposed in the grant, or by procedural ordinance (e) The masculine includes the feminine and the feminine and shall further agree to: includes the masculine. (a) Comply. with all lawful ordinances, rules and regula- (f) The singular includes the plural and the plural the tions theretofore or thereafter adopted by the City Council in j singular. the exercise of ..its police power governing the construction, (g) "Person" includes firm and corporation. maintenance and operation of its plants, works or equipment. Section 1501. Violations. The violation of any provision (b) Pay to the City on demand the cost of :all repairs to of this Charter shall be a misdemeanor and shall be punish- public :property made necessary by any of the operations of able upon conviction by a fine of not exceeding Five Hundred the grantee under such franchise. Dollars or by imprisonment for a term of not exceeding six - 42 — months or by both such fine and imprisonment, and each day that any such violation continues shall constitute a separate violation. Section 1502. Validity. If any provision 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. In witness whereof, we have hereunto set our hands and hereto affixed the seal of said City of Huntington Beach this 21st day of January, 1966. DONALD D. SHIP= (SEAL) Mayor of the City of Huntington Beach PnvL C. JoN-Es City Clerk of the City of Huntington Beach and WHFi As, The proposed charter, as adopted and ratified as hereinabove set forth, has been and now is duly submitted to the Legislature of the State of California for approval or re- jection, as a whole without power of alteration or amendment, in accordance with Section 8 of Article XI of the Constitution of the State of California; now, therefore, be it Resolved by the Assembly of the State of.California, the Sen- ate thereof concurring, a majority of all the members elected to each house voting therefor and concurring therein, That the Charter of the City of Huntington Beach, as proposed to, and adopted and ratified by, the electors of the city, as hereinbe- fore fully set forth, is hereby approved as a whole, without alteration or amendment, as the Charter of the City of Hun- tington Beach. ; �i y� y3 a w a — 44 — f f $fir t: Speaker of the Assembly a: President of the Senate a } Attest: Secretary of State L� D In r`ra�+' ..f .ec:.*ary of sra% Assistant Secretary of State FEB_ 10 -I c- �'Yr�of StCAD tss;s?crit;.-c:cre?a:j�fJ.at3 q;. )r G' I f 1 s � b �f y 2 ���tttvvv LIM3 S IIa' t Ys ' l —Staff Photo by SKIP SHUMAN NEW/ HUNTINGTON BEACH CHARTER APPROVE® California Secretary of State Frank Jordan signs new city charter for Hunt I ington Beach as city and state officials witness the act. From left are Paul C. Jones, city clerk; James E. Whetmore, R-Los .Alamitos, assemblyman; John G. Schmitz, R-Tustin, state senator; and Huntington Beach Council- man Jake R. Stewart, The new charter, which provides for an appointed ; instead of an elected police chief, was recently approved by the voters and became official last week when Jordan signed the document in Sacramento.:;_;: t eriA1URF�`Yt°f' Y - rJ`fi ,:• .r d - 1 -fi - tLAUT L. Baw' C} ►.,Ct vl7C -_ s Z . �3 K0 I L, L`[CtsAauf Au . Pc BRAT A. GALGA hI L. DUJGL49 `t YfvlY C.avt,c t�u4� r*F -.% kRatsY H KU121 SI I.!l LC JR M ATE,6r'CAtLIFORNIA T _ M R t 1 � t'_'�}tp y�r ee 'c. -..v a/j y'•: t+t�'t 14-}�'-y♦-.t_ 1( S Hp1Y C MA.:K Eh YI t t L6LL} ,it iL`4�t 1i11Vk `L,ltll�ii AVHMVC4 i oLI po c c ` .. - 902-t STATE CAPITOL. SACRAMENTO 8SU4 - Jv.,4 R Pit Rcr ,ti•'-r - Lt:w4wa K. PU-Ct'LL _ - tt0 STATE RUILD'NG• LOS ANGELES 90012 - - - Rt,49ELL L St4AltNa . - R 4Y W NITAK[R �PJTI[0 Sacramer:to, Bali:ornia 6� February ?';', 1 i6: Honorable James E. Whetmore Assembly, Chamber Charter- Amendments - C i t of Huntington Beach #22978 Dear ;fir. -Whetmore: In response to your request we have examined the enclosed copy of the petition which is presently being circulated requesting that a:-.end, ent's be made to the Charter of the City of- Huntir, ton Beach. It is in proper form and the procedures takenJri,eet the requirements of Section 8 of Article XI of the California Constitution. Very truly yours, George H. Murphy Leg slative I Oe (Miss) Varguerite R. Roth i?eputy Legislative Counsel' ivaR:my s k bm e e t ^ ,��L,�L������--�_L-I,.Z,—,,�.:..1"�..­­'�.,'LW-�"_,L.",'��,.;�,I::1"L...,-L�1I:,,,�.,.,I'"a;,.,L-".,�,�,t'-L-,��..'_,,..'."".--.��� i iaRORO[ sE4URP3dY a r g E 4 7cRlIYL.:, AUIt "2 uoiuArirscouNs+a.'. BaROARA.. CALAl0. L. } I. 1. ®¢Al 440 C%tkA t i'. VlRatgtA CORtE� ?3 y tih tf.t6r D¢PtM a.. ;C L.6RCNAM®" � iY t ROB�.fil►Ll+Mt ' r + : t" r OvM[1i I�t I NY x �_ a'�"�5. �� 'Y k �1 - E 6. i&A 1�1 N6'►�j r*li vnl oswtllN< ; , .,y , r t7Mept H -( L"_' ,LS .'� , ST�YI� OR' CALJi ORN4d4 *fAIIL fro,toaitlnoRs - s ;.- r y ; +�. ,',,,�_. �'�,,qlr, ;� $ 'flNe1�e�^—�:g+Rt�R # *MrWe �Y -�.y 5 -AN�M.. ry,.�`to 3 k . , RasQ O�IYip _ ?. JONN A.MaWCt, soil sTAT _C:API ,sac weoo�rr0 0964 q�...�•• . It0._*TAT&*UILDING LQ*A146CLU 00011 ,. Rwc�uAARL/ Rar N wNnAR011 ?�acramentv,; Califoznia > r February 14,E 1965 ` " , T - t - r _ s ".t,' _•7 Honorable qo a CI 8chmite i; Senate Chamber r r *,• ., ��. } .p.ar ,A6� r�. `a "+ " sy� Ir1� U s ,� ,pr w N.*.?s•+t� +.� , ' .etc 4+ ,t' '�C7F� :x f s'+'E f'" � ;'Rt Go f: _ - . ' o, ,x t w f s :. .ix,Ic ,� r bea►t, S"Ator �8cbal i e 11 1f"f,.- 7. :: _ s _ where»asked whether the charter city of Ruintingt°n ch`"can change' fits present .City Council 4 , , •conetsting of 5 council®en elected at-large to a counc2 _. ' _ 7 consist of a:Lk councilmen. elected aCcordi to " " , A .: , � . n'9 distrio s and an; elected mayor. 7�ou'2uave also reqa®st y x! f gist, if=tBiie is-,possible, we outline: the procedures r for_,such4 g�o _ ;t . .: x - OPI4 D10®" 1 sr It_ is possible to aaaend a city ,charter to. ., Y N� chars e a cit g y council consisting of 5 councilmen elect*C ,� at. large to a council consisting of sib c®uncilmenn x 4 sleeted according to districts apd:an°elected mayor. " : 3 ` ,ti }g:_ 1% w yr r,;.k-st .emu, s?-_t .� Y'-'' .L .r-r , v.-;,�. #, >..r r. The California Constitution in Section 6 of Article XI° �aapoweira charter cities t0, Vie' and enfore®1;� " :�;js - all lames and,_regulations `in- respoct- to municipal affairs,j- '," . : sub jest ably to th®� testriction and limitations providod = .. in their chagtero. R'be organization of the departiaente;� z; of a► municipal gov®ariiaent and .the eYection o� municipal . ` ` officers ar®_ sych municipal.affairs a er v ®rm 172,:di1e -338i as vm _' an 135 ( :Ae 1 and . :;accordingly the c aster of a City of Huntington Beach in act o� of Artielm.-VI1� provides for a city council . t aes)r.! cosapos of 5 councilmen elect pit large., As the city_ `chart " _gQVjorns to municipal affairs, if the atruotf _ of the ci *X oouaci2 i'� to be.`changed,.;it must be- done r;; $ , z_ by alai` ® pity �chaxter. ,*.. :1 r 1 ,�, , ?- r j r u ,�' yt E-., 4 a+c . -a 'x a x �" r ( r ` " r ci i Y < ,� r#- to- { •k"+,fi,t y- 1 � (' vx --,? L.' 7 R^25+ if'., " e+�.•* r --s. afr, :- f a✓ 3 4.-�N r ;s#,[[�x ...y„�s,x i,,. :Y °'�� e4,.i r.,�"`,' '!E t ` `_. _, - ,µ Y..b, a`. . ._.:i - `�' f :'Y fir: ,. ... 1..,. .r. ,. b y � E o:�arablz John � '-►mita p11322 Tne procedsre for-.'amen dinq a city_crart'er .i's Z. set out in `Se-tion` 8 of ,Artic le`'XI"of the California C6nstitution ,T'ne__applicable p�?rtions 'read:` ,.The, charter o£ any city or city and county.: i * r may be a_-nended',by proposals therefor submitted by 4 the legislative body. thereof on, its own -notion or on petition signed by 15 percent of the registered electors; or both: ' Such proposals; shall b� submitted to the electors at either a spacial "election 'called . for that_ purpose, or. at any,`.general_er special elegy T. tion ' Petitions for the submission of- any amendment =sha11__be file3.with the legislative body . of the'. city-.---,` or city and county not less - than 60" days prior 'to the :generaI*elec_tioa: next`preceding :a regular, sessio:� of the"Legislature The signatures `on- ssch petitions shall be` verified by the authority having charge of the registration records of. sich city or city and county,: and the expenses of such verification shall be. provided by- the legislative body thereof. If s- ch petitions have a sufficient number of signatures the legislative body of the city, or city and county . shall so submit the amend-nent or amendments so pro- posed to the electors. A.-nendments proposed by the legislative body and . amendments proposed by petition of the electors may be submitted at the same elec- 'tion. The anend=nents so submitted shall be advertised in the sane manner as herein provided for the advertisement of a proposed charter, and the election thereon, held at a date to be fixed by the legisla- tive body of su_h city or city and county, not less than 40, and not, more than . 60, days after the cconpletion of the advertising in the official paper. - " (i) Yf . a majority of the qualified voters voting on any such amendment vote in favor thereof, it shall be deemed ratified, and shall be sub- mitted to the Legislature if then in session, or at the regular or special session next following such election, and approved or rejected without poorer of alteration in the sane manner as herein provided for the approval or rejection of a charter. _ 54 t ♦. Honorable ,Yohn' G. $Chmit F- 31132 > . " ( } In, submitting a eharte'r or a-nend `ment sep,arate;;propositions, whether; alternative or' . conflicting, ; or; one included within the other, may ; be; submitted`at ,the `same ti.nte :tO be voted on by th ectors separately; 'and, as between► those .so belated;; if more'.than ,one. receive. a: majority of votes, the proposition receiving the largest , f . matters- number o ' in conflict .It 'sha11 be competent in any charter fra-ned under, the authority-'of this section to provide- that the municipality governed thereunder may make and' enforce, all laws :and regulations in respect` to municipal affairs, 'subject` only` to the restriationa. and;"limitations provided in their, several'. chart;era and in: respect to,;o her- matters they shall be auhject; tp: general` laws.. It `shall be competent. in_any charter_,to"provide for the establishment`of a borough'`system 'of goyern.ment e for the whole or any part of the territory'`of the city or city and county governed thereby, by which one' or more boroughs"or districts may be created therein and to provide that each borough or district may exercise such general or special municipal powers, and to be administered in such manner, as may be provided for such boroughs and districts in the charter of the city or city and county. " Thus, by conforming to the require rents of Section 8 "of Article. X1 of the California Constitution, the City of Huntington Beach can amend its charter to provide for a city council consisting of six councilmen elected according to districts and an elected mayor. QUESTION 1.40. 2 You have. regaested us ' to list a `sampling of California cities that have councilmen_ elected by districts and an elected mayor. f r y x H6norable; Wolin M. Schmitz _ p 4 11322 + z f Sosne .Californta cities that have'councilmeh elected by distgi.cts =and a n 'elected:,m' ayor are Los Angeles, Redondo Beach; Ingle:robod, Bakersfield; Pomona,. and.'. Santa Barbaia: F Very truly yours. George;: H. Murphy Legislative Coons <1 By s Roth, Deputy, Legislative Counsel MRR z MK - _r Y 4, P rr, COS.,!�?Cil ' D p` - >r'•ti' � � �,I. V/ -_u�....,L.e..e;: �' ✓. 2�'C151�'i�•�'$ 13EFi C/�•�) t''15?'.� ttl Al f✓ORTf-j CE"��T.E'AL 7�/STiP�CT €R i y�. f ,x-FiC'f� El-VD, 47/DD4.E- D/STir d;f✓.�/-r'jNGTON {,1Atz'BO,� r , ��1 'l2Ti'� AAFS T D.15-n,el c T rID rffi �O C I T Y O F y/6 '�t -lead _ ------ ..._. � ......................................OF THE CITY ATTORNEY .. OFFICE 412 OLIVE AVENUE P.O SO,C 269 HUNTINGTON BEACH, CALIFORNIA TELEPHO JAMES O. PLUNKETT 538.3030 S3E�303U CITY ATTORNEY Mareh 11, 196 17 ® $38-8078 GEORGE SHIBATA ASSISTANT Honorable Mayor and City Council, City Hall, Huntington oh,Callf. Gentlemen: Our Office has been asked by the City Administrator, Doyle Miller, to render a legal opinion concerting the petition to &wend the Cit Charter which was filed with the City Clark on March 9th, 1915. You have received, or should have receive., a copy of an opinion from the Office of Legislative Counsel of the State of Caliiornia wherein it is concluded that the proposed amend- ments are in proper form and that the procedures taken meet the requirements of Section 8 of Article XI of the California Constitution. It should be pointed out that the proposed amendment Section 6 provides that all elective officers holding office when the Charter :amendment takes effect shall continue to hold office until the election and qualification of their successarse Section 7 reads that *within not more then sixty (60) days, nor lose than thirty (30) days, after the approval of this Charter ame:gdment by the Legislature of the State of Calif- or-ale, the City `-lark shall call an election to fill the office of Mayor and the offices Of the six (6) oouncilmen. " In other words, it would appear that the incumbent qouncilmQn,, even those who have been recently elected for a four (4) year term, would have to stand for election if they wished to remain in office. The question has come up as to ' whether or not it is mandatory for the City Council to proceed with setting a speo- ia1 election. To answer this it is necessary to review onset law as determined by the California State Supreme Court. 1. Honorable Mayor and March 11, 1965 City Council In Lubliner v. Alpers (1904) 145 C.291, it was held that where amen en s Eo a &uniclpal charter are petitioned for by fifteen (15%) percent of the qualified voters of the City the legislative authority of the City, has discretion either to call a special election or to wait until the next general elect- ion to submit the proposed amendments to a vote of the people, and mandamus will not lie to control that discretion by compell- ing ordering of a special election. A much later case, Ault v. The Council of the City of San Rafael, 17 Cal (2d) 415 (1741) held the same way except that a ourt intimated that a mandamus might be proper if the petit- loner could show how he, as a taxpayer, would be injured by the short delay in setting the election by the Council* The Council in the AAyl& case had set the election for April 14, 1941 instead of April 2, 1941 which would have been the proper date had the Constitution been followed. However, the circumstances at hand are different than the situation just cited because if the Huntington Beach Council did not act the election would not be placed on the ballot until the next general election which is about April 12th, 1966. In this instance it is only conjecture what a court night do if the Council did not act but it is entirely within the realm of possibility that a mandamus compelling the Council to set a date for a special elec on would issue. Thus the City Council could do the followings 1. Follow the State Constitution and cause the matter to be set for special election as prescribed which would be not less than forty (40) , and not more than sixty (60) days after the completion of the advertising in the official paper. The advertising should be made within fifteen (15) days after the petition for the proposed amendment is ffiled, or at the most within the time in fact re- quired for the verification of the signatures on the petition* 2. Not take any action. It should be noted in passing the Council could propose an alternative amendment, but if this is done it should be pub- lished at the same time and manner as the petitioned amendment. Both mould then be placed on the ballot at the some time and if both receive a majority of votes, the proposition reoeiva. Ing the largest number of votes would control as to all matters of conflict. Respectfully submitted, AMES D. PLUT, _"" City Attorney v a', January 20, 1966 Honorable James E. Whatmore, Assemblyman 70th Assembly District 13131 -Brookhurat Street Garden Grove, California My dear Assemblyman: I am transmitting herewith copies of a now City Charter which was adopted by the electors of the City of Huntington Beach at a Special Municipal Election held January 11, 1966. There are problems in connection with the approval or ratification of this Charter by the State Legislature which I will try to point out to you. The City resentl operates under a Charter which was adopted in 1937 and subseq�uuently amended. The Charter which is bamtng presented for Legislative approval would re ace entirely the present Charter. It es several-major c pl es in the governing structure of the City, i.e. it provides for seven Councilmen in- stead of five which we presently have; and it provides for the appointment of a Chief of Police, who is presently elected and whose term expires with the April election in 1966. Under our old Charter, elections are conducted with a fewexcept- ions, under the State Elections Code, which provides that nomin- ations shall be taken for respective offices between the 75th day and the 54th da prior to an election. The new Charter carries the provision that if adopted and approved, the t for filing nominations and the time for publishing the notice of election is extended from the 54th day to the 40th day prior to the election. However, we believe that if the new Charter has .not received Legislative approval by 12:00 o'clock Noon on FaVrivary 170 19669 (which is the 54th day before the General Election ) the election must be held under the old Charter which provides for five Council- men (two to be elected at the forthcoming election , and a Chief of Police (also to be_aelected,_ at the forthcoming election.) Page 2 - Assemblyman Whetamore - Charter If this happens, the new Charter provides in Section 500 thereof - "In the event this Charter shall not take effect in time to elect four members of the City Council at the general municipal election held in April, 1966, and only two mem- bers of the City Council are then elected, a special election shall be called and held not less than 60 nor more than 90 days after the effective date of this Charter to elect two additional members of the City Council for the remainder of the terms expiring in April, 1970.1/ It becomes obvious that if the new Charter is not ratified by the 16th of February, 1966, it will be necessary to conduct a City-wide Special Municipal Election in addition to the General Municipal Election, which would cost the Cityy an additional ten to twelve thousand dollars. Also we would be required to accept nomin- ations for Chief of Police under these circumstances, and it would be a matter of legal interpretation whether, even though the new Charter was ratified at a subsequent date, the election for that office would have to be held. It is therefore, respectfully requested that you and Senator Schmitz take every step possible to insure legislative approval of this Charter in the shortest time possible. We know that we will have your full cooperation in this matter, and want to assure you that we of the City will do everything we can to assist you. Sincerely yours, Paul C. Jones City Clerk •- PCJsaw City of Huntington Beach CC: Senator John Schmitz i I 1 2 3 ri : �LUTI.�N No. 2295 4 lr.'S :LU`1'I:..Py CF HE CITY COUNCIL OF THE CITY OF HUETINQTON BEACH, CALIFORNIA, 5 r.TI'tdC �iE 1'-LT (:F TIHE CAN-VA"5 OF ELECTI'uN RE`1'URNS OF THE S*ECIAL MUNI- 6 CI_P L ELECTIvN H:-,LL JAN ARY 11, 1966, AS C;HT IF I I'D TO THEM BY THE CITY CLERK- 7 8 WHEHEAS, the City Council of the City of Huntington 9 Beach, California, by desolution No. 2257, duly called and 10 provided for the holding of a Special Municipal Election 11 in said City on January llth, 1966, for the purpose of sub- 12 mitting to the qualified voters of said City the proposition 13 set forth in said resolution and hereinefter stated; and 14 15 HLREAS, notice of said election was duly and regu- 16 larly given In time, form end manner as provided by iaw,and 17 said election was on said dFte duly held at the polling; 18 places designated in Eesolution No. 2271, gassed and adapted 19 by the City Council on December 6th, 1965, and the votes cast thereat were canvassed and the returns thereof made at the 20 21 time and in the manner and form provided by lawl and 22 WHEREAS, said City Council has duly assembled at 23 its usual place of meeting to receives the certification of 24 the returns of said election as determined by the City Clerk 25 conducting said canvass for the City .Ounell; 26 27 NOW* THEREFORE, the City Council of the City of 28 Huntington Beech, California, DOES HEREBY 3ESGLVE$DETLRMINE AND ORDER, as follows: 29 30 1. ties. Noe 2295 1 2 3 Section 1. 'That the Special Municipal Llection 4 for the purpose of submitting to the qualified voters of 5 said Citys said proposition to adopt the revised Huntington 6 Beach City Charter was duly hold on January Us 1966, and 7 the votes cast at sold election were duly and regularly 8 canvassed and the returns thereof made at the time and in 9 the form and manner required by law. 10 Section 2. That the proposition to adopt the revis- 11 ed Huntington Beech City Charter voted upon at said elect® 12 ion is as follows, to-wits 13 14 15 "Shall the proposed Charter for the City of Huntington Beach which was 16 caused to be framed by the City Council of the City of Huntington Beach during 1965, be ratified and 17 sdopted?'O 18 19 2 0 Section 3© That the absent voter ballots have been r_ duly canvassed and counted as required by laws sad the re- 21 22 sult of such count is hereinafter stated. That the City Council has received the returns of said elections as can= 23 24 vassed by the City Clerk et their direction and on their 25 behalf, and this City Council finds, that the total number of votes east in each of the respective election precincts 26 established for said election upon sold propositions and the 27 number of votes therein for and s8ainst said proposition, 28 the total number of absentee votes cast in each of the re 29 30 20 Res.No. 2295 1 2 3 speotive election precincts established for sold election 4 upon said proposition, and the number of votes therein 5 for and against said proposition, the total number of 6 absentee votes cost at said election upon said proposition 7 and for and against said proposition, and the total number 8 of votes cost In said city upon said proposition and for 9 and against said proposition, are as folio*sa 10 TOTAL Precinct VOTES 11 YES Na CAST 12 1 64 31 95 13 .52 8C 132 14 3 46 42 88 15 134 lob 24S 16 5 85 74 159 17 6 49 62 ill 18 7 51 61 112 19 8 52 66 lie - 20 9 79 18 97 21 10 212 18 230 11 73 18 91 22 12 51 6 57 23 13 55 5 60 24 14 116 9 126 25 15 76 3 79 26 16 101 12 113 27 17 53 14 67 28 18 76 22 98 29 30 3• .Ad®o 9295 1 2 TOTAL Frecinst VOTES 3I YES No CAST 4 19 31 4© 71 5 20 72 32 104 6 21 25 17 42 7 22 51 19 70 8 23 26 14 40 9 24 19 40 59 10 25 57 6 63 11 26 50 16 66 . 12 27 34 26 60 13 28 108 18 126 14 29 78 14 88 15 30 137 17 154 16 31 97 8 105 17 32 83 5 88 18 33 42 11 53 19 34 59 7 66 20 35 36 19 55 21 36 46 13 59 22 37 63 14 78 23 38 62 27 89 24 39 92 9 101 25 40 44 8 52 26 41 55 7 62 27 42 68 13 81. 28 43 72 8 80 29 30 a Hes.No. 2295 1 2 TOTAL Precinct VOTES 3 yis NO ^AS 4 44 59 9 68 5 45 91 16 107 6 46 96 19 115 7 47 39 9 48 8 48 27 3 3® Total Votes 9 in City 3244 1107 4353 10 Absentee Votes 11 1 12 11 Grand Total 3255 1108 4365 12 13 Section 4. That the votes of a majority of all of 14 the voters voting at said election were cast in favor of 15 the adoption of said proposition, and said proposition is 16 hereby declared to be passed. 17 18 PASSED AND ADOPTED by the City Council of the City 19 of Huntington Beach this 17th day of January �1966. 20 21 22 Donald D. Shipley Mayor 23 24 ATTEST i 25 Paul C. Jones APPROVED AS TO FORKi 26 city ®� 1AMIES D. PLUIiK_qr 28 City Attorney 29 30 • 5• Res. No. 2295 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified and acting 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 five; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of January , 19 66 , by the following vote: AYES : Councilmen: Welch , Gisler, Stewart , Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California . G TON C I TY OF � k _ - -- _ - - _- Ct1LIFORNIA 7x 3�~F r Eon R, INGTON f a .7mM its COUNTY CP�� C G\ t ; _ .®R i ts, - ; "'I u+� 4k°aY 1. },Q�c ,d. 4 b r k p A c a �r wa k'Y�y✓ .5�3 .�'�' ...;,- 'e+7 rr,,,z w+� t E3�.'v `ta,_�'-.,r �,n� r CI'flCIA1tTEtt `°e.may '= c nw,-[ •ST`�'r;;,sv'C '`c v t x ^`w �y4}".,.r H.k zs5 7-=kg �.*.{{ ! 4 ;`"-i'.F`�r s 's.:,f+"-� '�,r`",, Ei Pr+,ts•},f�" fi,,eet'S a +bi."Gf' S '"' "''^�. t 3.++` "<4,. 1 `h + t M�'g �t � � x.-a s 'x � b + i� �� '� � . �`�t, '�, ' 5T' p uv gm, pt ^'*«,, ,g, i'f ", m,s. i I�Ctn h Y Kg A,a a`` �i ."f ; "^€xiY ,Y."k r',u 71 �& 11xr °'^'s -6�j v xk t re G , r r ft: rz m s'vL1 ,-t• \#Al : .^-4 a# 2S r 7 c 5 �s 'n �.. �..i p"�'� s�� a 2� � v '�s�'rsiC'} .,� P c 'a cA v,k �'- �° t !'.. fo-^ a .as' ZS,, .3 �rt x'''>• �i A— i"`+,+$ `m� B- -+� ,v'f t-:n:r. .."�£, ..a- "'�' Ys c+F .t sr a, a=i. ,+ }•,,,.�+'L,Y i . ,. -e. s, s - 'wig y �ty, t"t r Y F -tn� +- s,� a ..� � a� v` 4l k �^L"a '""���', �;�a - ��k# t✓x_rv, �u°t7�§3r s-^+r'. I � �.,�.�.�� � v r�' 4.+"'"t t� � � >, �'+ �,�ftz '� ,t"j � t.try� a ��s `*. •.,p �x�.�a �� 'I N r 2 ' S 3 a e TABLE OF CONTENTS i ARTICLE I. NAME OF CITY { Section 100. Name Section 101. Seal: ARTICLE II. BOUNDARIES. Section 200. Boundaries ARTICLE III. SUCCESSION Section.300. Rights and Liabilities Section 301. Ordinances Continued in Effect Section 302e Rights of Officers and Employees Preserved Section 303.• Continuance of Present Officers and Employees = Section 304. Continuance,of Contracts and Public Improvements Section 305. Pending Actions.and Proceedings t Section.306. 'Effective Date of Charter r ARTICLE IV. POWERS OF CITY Section 400. -Powers of City Section 401. Procedures ARTICLE V. CITY COUNCIL AND ELECTIVE OFFICERS Section,500 City Council,_Clerk; Treasurer and Attorney.Terms Section-501 =Eligibility 1 Section.502 Compensation 4 Section 503 ;Vacancies Section 504 Presiding Officer Section 505. Powers Vested in City Council r ,' - Section 506 ;Regular Meetings ,�� Section 507 Special Meetings Section 508 Place'of Meetings Section :509 Quorum. Proceedings µ Section 510. _Citizen Participationjz 1 Section 511 Adoption of.Ordinances and Resolutions Section 512. 'Ordinances Enactment Publication dn53CoicaooOriSection ances _ti Section 514. Ordinances. When Effective Section:.515 Ordinatces Violation Penalty Section 516. Ordinances Amendment Section 517; Publishing of Legal:Notices ~ Section 518. Contracts Execution _ L � E , f 4 + ARTICLE VI. CITY ADMINISTRATOR " i - Section 600. City Administrator a t- Section 601. Residence. Section 602. Eligibility Section 603. Compensation and Bond Section 604. Powers and Duties Section 605. Meetings Section 606. Removal Section 607. Non-Interference with.Administrative Service p. Section 608. Acting City Administrator ARTICLE VII. OFFICERS AND EMPLOYEES Section 700. Enumeration j Section 701. Appointment and Removal Section 702. Administrative Departments. Section 703. City Attorney. Powers and Duties_ a Section 704. City Clerk. Powers and Duties Section 705. City Treasurer. Powers and Duties Section 706. Director of Finance. Powers and Duties Section 707. City.Emgiaeer. Police Chief. Fire Chief, Plus T Section 708. Administering Oaths Section 709. Illegal Contract. Financial Interest k Section 710. Acceptance of Other:Office Section 711. Nepotism Section 712.- Official Bonds ARTICLE VIII. APPOINTIVE BOARDS AND COMMISSIONS Section"800. -�- In'General Section 801. , Appropriations '. Section 802. Appointments Terms Section 803. Existing Boards , Section 804. Meetings. Chairman �5 Section 805. Oaths Affirmations Section`806. Planning .Commission ;Powers and.Duties> ., Section.807. Library Board.--,.Powers and;Duties ; Section 808. Personnel Board. Powers and Duties fiT , ARTICLE IX _ BOARD OF;EDUCATION Section 900. State Law Governs Section 901.' Effect of'Charfer on'Districf Section 902. ; Effect of Charter on"Board r ARTICLE X. PERSONNEL SYSTEM w k Section 1000. System-to be Established b. { ARTICLE XI. RETIREMEN T Section 1100. State System ARTICLE XII. FISCAL ADMINISTRATION Section-1200. Fiscal.Year Section 1201. Annual Budget. Preparation'"by the City Administrator Section'1202. .Budget. Submission to City Council Section 1203. Budget. Public Hearing Section 1204. Budget. Further Consideration and Adoption - Section 1205. Budget. Appropriations Section 1206. Centralized Purchasing Section 1207. Tax.Limits -Section 1208. Tax Procedure Section 1209. Bonded Debt Limit Section 1210. Revenue Bonds Section 1211. Contracts on Public Works Section 1212. Contingency Fund Section 1213. Capital Outlays Fund Section 1214. Treasurer's Departmental Trust Fund Section 1215. Other Funds I Section .1216. Claims and Demands. Presentation and Payment ` Section 1217. Actions,Against City Section 1218. Registering Warrants Section 1219. Independent Audit Section 1220. Sale of Public Utility. ARTICLE XIII. ELECTIONS y Section1300. General Munrcipal Elections Section 1301. "- Special Muricipal,�Elections (` Section 1302. Procedure.for Holding" Elections Section 1303. Initiative, Referendum and Recall ARTICLE XIV. FRANCHISES Section�_1400. Granting of Franchises ' Section 140L _ Resolution of intention Notice andPublic ' Hearing r Section 1402. Terms of Franchise t Section 1403. Grant to be`in,Lieu of all Other Franchises Section 1404. Eminent Domain Section 1405. Duties of:Grantees " Section 1406. Exercising Rights Without Franchise 4 ' I � v ARTICLE XV. MISCELLANEOUS Section 1500. Definitions Section 1501. Violations ; Section'1502. Validity ,j S 11 3� �f K 1� y l " - t �• f vs CHARTER We, the people of the City of Huntington Beach, State of.Cali- fornia, do ordain and establish this Charter as the organic law of said City under the Constitution of said State. ARTICLE 1 NAME OF CITY Section 100 -NAME: The municipal corporation now existing and known as the City of Huntington Beach shall remain and con- tinue 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. ARTICLE II BOUNDARIES i Section 200. BOUNDARIES. The boundaries of the City shall be the boundaries as established at the time this Charter takee effect, and as such boundaries may be changed thereafter from time to time in the manner authorized by law. 3 ARTICLE I11 . SUCCESSION ( Section'300. RIGHTS AND LIABILITIES.' City of Hunting ton Beach shall continue to own; possess and control all righfsMand zX property of every kind and nature owned, possessed or controlled'liy it at the time this;Charter takes effect and shall continue to be subject to all its debts, 'obligations, liabilities and'contracts Af i Section 301. ORDINANCES CONTINUED IN EFFECT. All law ful. ordinances, resolutions, .rules :and regulations, and;,porhons ,. ` 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 super seded by proper authority. . 4� Section 302. RIGHTS OF OFFICERS AND EARPLOYEES PRE SERVED. :Nothing in this Charter contained, unless otherwise specifically provided therein, shall-affect or impair the personnel, pension or retirement rights or. privileges of officers or employees i. j of the City, or of any office, department or agency thereof, existing 1 at the time this Charter takes effect. f Section. 303. CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES. The present officers and employees of the City shall i' continue without interruption to perform the duties of their respec- r � tive offices and employments upon the same terms and conditions and for the compensation provided by the existing ordinances, resolutions, rules or laws, but subject to such removal, amendment and control as is provided or permitted in this Charter, and, as to { offices which are changed,abolished or superseded by this Charter, until the election or appointment and qualification .of their respec- tive successors under this Charter. Each elective officer whose j office is made appointive under this Charter shall continue to hold such office subject to the provisions of this Charter, but his retire- E ment status,rights or privileges shall not be deemed to be changed, altered or affected in any way by the adoption of this Charterso l ! long as he holds such office. r Section 304. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. All contracts entered into by the City or for its benefit prior to the effective date of this Charter and then in.effect, shall continue in full force and_effect according to .their terms. Public improvements for which, proceedings have.been instituted under laws existing. at the time this Charter .takes effect, in the - discretion.of the Council,may be carried to"completion as nearly as practicable in accordance with the provisions of such existing laws',: or maybe continued or completed under this Charter. Section. 305., PENDING 'ACTIONS AND :PROCEEDI�iGS No action 'or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any-,officer, office, departmentor-agency-thereof,shall be affected or_abated by -: the adoption of this Charter or by anything herein contained but all such actions or proceedings may be, continued"notwithstanding that. functions, powers and duties of any officer, -office,-,department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office,:department or agency,-but 1n _ that event the.same may be°prosecuted or defended by the head of thee office,'department or agency to which such functions, powers = and duties-have ,been assigned or transferred by or ,under this { ,. Charter. li Section 306. EFFECTIVE DATE OF CHARTER This Charter shall take effect.upon its approval"by the Legislature after ltshall: 'have been ratified 'by the qualified voters of-the City -in _the mariner set forth in the Constitution of.the State. 2 ARTICLE IV POWERS OF CITY Section 400.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 Cali- fornia. It shall also have the power to exercise -any and all rights, privileges and powers, including proprietary powers, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other.lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, subject to such restrictions and limitations as may be contained in this Charter. The enumeration in this Charter of any particular power shall not be held to be exclusive of,or any limitation upon,the generality of the foregoing provisions. Section 401. PROCEDURES. The City shall have the power to and may act pursuant to any procedure established by any law of the State, unless a different procedure is required by this Charter-. { , r it m >i ARTICLE V CITY COUNCIL AND ELECTIVE OFFICERS r Section 500. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall con. sist 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 provide_d in this Charter and who shall serve for terms of four years and until their respective' sF l successors qualify. j Subject to the provisions of this Charter, the five members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their.respective terms ane i 1 until their successors are elected and qualified,and shall constitute. the City Council until two additional members are,elected as here- ' inafter provided. Four members of the City Council shall be elected { at the general municipal election held in April, 1966, and each j fourth year thereafter. Three members of the City Council shall be ! elected at the general municipal election held in April, 1968,and each fourth year thereafter, In the event this Charter shall not take effect in time to elect. four members of the City,Council at the general,municipal election held in.April, 1,966, and only two members of.the City Council are i then elected,.a,,so6cial election..shall be called:and held not less _ than 60.nor more than 90 days after the effective date of this Charter to elect two additional,members of.the:Gity Counc.i for the remainder of the terms expiring in April, 1970. li Subject to the provisions of this .Charter; the'City Clerk, City t Treasurer an tto d.City``Arney in office at the'time;this Cha ter takes effect shall continue in office until the`expiration of their-respective rh terms "and the qualification of their successors A City Clerk and �ri' City Treasurer shall be elected at-'the general municipal election held in April; 1968;and each fourth year thereafter `A CityAttorney shall be elected in April, 1966, and each fourth year thereafter The term.of each member of.the-City .Council, .the City Clerk, the City .Treasurer :and the City`Attorney shall commence,,on;the tt first Tuesday_following:his election. Ties in voting among candi- dates N or office shall.be settled`by the casting of dots ection`501 LIGIBILITY. No person shall be eligible to hold ,1 J office.as a.member:of the City Council;City.Attorney, City Clerk or �) City Treasurer unless he is..-and shall have-been..a;resident and ��z I registered voter of'the`City for at least two years next preceding t ,�~ the date of his election or appointment, r7 4 i -- Section 502. COMPENSATION. The members of the City Coun- cil, including the Mayor shall receive as compensation for their ! services as such a monthly salary in the sum of One Hundred = - i 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 account there- for.In addition,members shall receive such reasonable and adequate amount as may be established by ordinance, which amount 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 Councilmen. Epen The City Clerk and City Treasurer shall each receive a com- sation for their services as such to be fixed by ordinance, which pensation for such services shall not be increased or diminished r their election or during their respective terms of office. Section 503. VACANCIES. A vacancy in the City Council, or City Clerk, City Treasurer or City Attorney, from whatever cause arising; shall be filled by appointment by the City Council, such, appointee to hold office-until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term, if s any. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elecf a successor. If a member of the City Council absents_himself from`all regular "l f meetings of the City Council for a period of thirty days consecutive- } ; �11 f ly-from and,afterthe last...regular City Council meeting attended by such member, unless by,permission of,the-City-Council ,expressed , in its official minutes, or is convicted of a crime involving moral r i R turpitude, or ceases-to.be,an"elector of the-City,his offfce,.shall become vacant.The City Council shall declare the existence of any such vacancy. -In the event it.shall fail to fill.a vacancy by appointment.with x. in sixty days after such office shall become..vacant, the"City Coun f cil shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. =1 Section ;504. ;PRESIDING OFFICER. On the first Tuesday x„ following any,general;or, special municipal election at which any Councilman is.,elected, and at any time when there`is a vacancy in _ the office of-Mayor, the City Council shall meet and'shall,elect one 5 � � 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. He shall be the official head--- of the City for all ceremonial purposes. He 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, he may inform the people of any major change-in - policy or program. He shall perform such other duties consistent j with his office as may be prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such capacity j at the pleasure of the City Council, 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 his absence or disability. Section 505.POWERS VESTED IN CITY COUNCIL. All powers r of the City shall be vested in the City Council except as otherwise provided in this Charter. -'_ Section 506. REGULAR MEETINGS. The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be speci- fied in ,the.order of-adjournment:and when so adjourned each ad'- journed meeting shall be a,regular meeting for all purposes. If the f hour.to.`which a meeting is adjourned Js not stated-in the order of adlournment, such.meeting shall be -held at``the hour for holding regular; meetings. .If at any time any regular meeting falls ::on­a­-:, holiday`such regular meeting shall be-held on-the next business da Y Section 507. SPECIAL MEETINGS. A special 'meeting may be called at any time by the Mayor,`or by a majority of the members of:; ahe .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 f time of such meeting as specified in the notice. The call and notice shall..specify thertime and_,place of the special meeting and the ' business to he'transacted.No other business shall be considered at F1 uch meeting. Such written notice may be dispensed with _as to,an g. Y P y,,- a a person. entitled..thereto who, at or prior to the time ,themeeting convenes, files with the City Clerk a written,waiver of no6m Such x waiver may be iven b telegram. Such written notice may also'be =` ° Y g Y g _ Y dispensed,with as to any person .who is .actually present at the', '-' meeting at the time it convenes. x e Section 508. PLACE OF MEETINGS. All 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, and shall be open to the public.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. Section 509. QUORUM. PROCEEDINGS. A majority of the members of the City Council shall constitute a quorum to do busi ness 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 councilman 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. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. It may 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. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceed Council; The City_Council shall have ing pending before the City ! 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 3 . in the same:manner as subpoenas-in..civil actions. °Disobedience of such.sub oenas or :the refusal to testif u on other:than consti P , y ( P . -_ tutional grounds), shall� constitute a. misdemeanor, and ahall tie 7 punishable-in the same manner :as violations of this Charter are punishable. Upon adoption of any ordinance; resolution,or order for payment i 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 510.- CITIZEN PARTICIPATION. All regular and special meetings of,the City Council shall be open.and public and 7 � I all persons shall be permitted to. attend such meetings, except that the provisions of this Section shall not apply to executive sessions 1 to consider the appointment, employment, discipline or dismissal of a public officer or employee or to hear complaints or charges brought against any such officer or employee. No resident or property owner shall be denied the right to be heard by the City Council, but such right shall be subject to such reasonable rules and regulations as. may be authorized or adopted by ordinance. A discussion with the { City Attorney relating to pending or threatened litigation shall.not be considered to be a regular or special meeting within the meaning - of this section. j Section 511. ADOPTION OF ORDINANCES AND RESOLU- TIONS. With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article, no. ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or V adjourned regular meeting. At the time of its introduction an ordi- nance shall become a part of the proceedings of such meeting in the j custody of the City Clerk. At the time of introduction or adoption of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmen present,except that emergency ' ordinances shall be read in full. In the event that any ordinance is x altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five.da s after,the date upon which such ordinance was so altered.,; The correction'oftypographical or clerical.errors'shall-not consti G tute.the making of an alteration within the meaning of the foregoing sentence. No order'for"the payment of money shall be adopted;or made at anyother than a:regular or adjourned regular meeting Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the ,City;'; Council shall be required for the enactment of any ordinance or x' resolution, or for the making or approving -of any order for the;pay ment of money. All ordinances and resolutions shall be.signed:by the Mayor and attested by the City Clerk. " l 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 J for its urgency,may be introduced and adopted at one and the same' meeting if passed by at least five affirmative votes. 5 s Section-512. ORDINANCES. ENACTMENT. PUBLICATION. In s 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 enactingclause of all ordinances shall be .substantial) as Y follows: "The City Council of the City of Huntington Beach does ordain as follows:". The City Clerk shall cause each ordinance to be published at # least once in the official newspaper within fifteen days after its adoption. In the event the publication of any ordinance shall not be made within said period of fifteen days hereinabove designated,said ordinance shall not be rendered null and void. , t Section 513. CODIFICATION OF ORDINANCES. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled,consolidated, revised, indexed and-arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the.same effect as an ordinance, by the passage of-an ordinance-for such purpose. Such code 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 the,adoptio.n thereof.,--Ordinances_codified,shall be,repealed as.of the effective _ date of the code Amendments to,the code shall be enactedby ordid.. nance . _ Detailed, regulations pertaining to `any subject, such as the construction lofebuildings, plumbing and wiring,;and fire repiations, t arran ed°.as a�_com rehensive code may, likewise be ado ted b g P , Y P y a. l reference in'the manner provided,ri this`-Section. Maps, charts and diag rams also,may be:adopted by reference in the same manner i Section 514 ,ORDINANCES. WHEN.EFFECTIVE: Every ordin= ance ,shall become;effective, thirty days from :and after the date of its ,adoption, _except the:following, which shall take-6ffect;upon adoption: R= (a) An ordinance calling oc otherwise relating to an election, x (b) An improvement proceeding ordinance adopted under some special law or:procedural ordinance relating thereto-* (i-. 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; q- (d) An emergency ordinance adopted in the manner provided it. Qr - this Article. Section 515. ORDINANCES. VIOLATION. PENALTY. A viola- :,_:.i tion of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of Cali- fornia and/or may be redressed by civil action. The maximum fine or penalty for any violation of a City ordinance shall be the sum of Five Hundred Dollars, or a term of imprisonment for a period not ;'LL exceeding six months, or both. The City Council may provide by ordinance that persons imprisoned in the City Jail for violation of { law or ordinance may be compelled to labor on public works. Section 516. ORDINANCES. 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. Section 517. PUBLISHING OF LEGAL NOTICES. The'City Council shall contract for the publication of all legal notices, ordi- nances and other matter required to be published in a.newspaper of general circulation in the City. Each such contract shall cover a period of not less than one nor more than three years. In the event there is more than one newspaper of general circulation published ` within the City,the contract shall be made only after the publication of a notice inviting.bids therefor. In the event there is only.one t� newspaper of.general circulation published in the'City,then the City.. Council shall have the power to contract,with such newspaper for rc the printing and publishing of such legal notices or matter without being required to advertise for -therefor :The newspaper I:with ` which any.such contract is made shall be the official;newspaper for the publication of such notices`or-other matter for the:period of such.: contract. Any such newspaper of general circulation shall l mean a newspaper ,adjudicated to be a newspaper _of general circulation i within the city. In no case shall the contract prices for.such publication exceed the customary rates charged,by such newspaper for the-publication, of legal notices of a private character. s In the event there is no newspaper of general circulation pub- Oil lished in the City, or in the event no such newspaper will accept . such notices or other matter at the rates permitted herein, then all s' legal ,notices or other matter may be published by posting copies thereof,in at least three public.places in the,City to be,designated g r by ordinance. -10 }` No- defect or irregularity in proceedings' taken under this Section, or failure to designate an officialnewspaper, shall invali- date any publication where the same is otherwise in conformity with this Charter or law or ordinance. . Section 518. CONTRACTS. EXECUTION.. The City shall not be bound by any contract,except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the.City when A directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City, with or without a written contract, for the acquisition of equipment, :materials, supplies, labor, services brother items included within the budget approved by the City Council,and may impose a monetary limit upon i such authority. The City Council may by ordinance or resolution 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 t for the conveyance of title thereto. 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'sue titihfy or by the head of the'depart ment or City Administrator upon forms approved by ahe City Admin }' - istrator and at rates fixed by the:�City-Council. , The provisions of.this Section'shall not apply to the employment 1 j of any person by the City at a regular salary r. j 33� D. Aq k. �t - I1 , ARTICLE VI CITY ADMINISTRATOR Section 600. CITY ADMINISTRATOR. There .shall be a.City A. Administrator who shall be the chief administrative officer of the City. He:shall be appointed by-the affirmative vote of .at least a t 7; majority of the members of the City Council and shall serve at the -f pleasure of the City Council, provided, however, that he shall not be removed from office except as provided in this Charter. He shall r be chosen on the basis of his executive and administrative qualifiw cations, with special reference to his actual experience in, and his knowledge of,accepted practice in respect to the duties of his office as herein set forth. Section 601. RESIDENCE. The City Administrator need not.be l a resident of the City at the time of his appointment, but he shall a a� Y PP � establish his residence within the City within ninety days after his appointment, unless such period is extended by the City Council, ` and thereafter maintain his residence within the City during his tenure of office. Section 602. ELIGIBILITY. No person shall be eligible to receive appointment as City Administrator or Acting City Adminis- trator while serving as a member of the City Council nor within one Y year after..he,has ceased to be a member of the City Council Section 603. COMPENSATION AND BOND. The City Ad minis trator shall be paid'a salary commensurate'with'his responsibilities as chief administrative. officer of.the-City, which salary shall,be established by ordinance or resolution;The City Administrator shall Ill ! furnish.a corporate surety. bond conditioned upon the faithful per formance of his duties in suchform and in such amount as may-be determined by the City Council; the premium on such bond shall;be paid by the City. ' Section 604, POWERS AND DUTIES. The City Administrator � shall be the chief administrative officer`and head of the admintstra , tive branch of the.City Government. -Except as otherwise provided j; in this Charter, he shall be responsible to the City Council for the ' proper administration of.all affairs of.the. City. Without limiting el 1 y. . g foregoing general grant of powers, responsibilities and dunes, sul� ect to the provisions of this. Charter, including the.personnel. pro, l P � g P. ' visions thereof, the City Administrator shall have power and be required to.:. (a) Appoint, and he may promote, demote, suspend or remove, x if all department heads, officers and employees of the City except n y, 12 t _.. _.. _,r 1 _ elective officers and those department heads,officers and employees the power of whose appointment is vested by this Charter in the, City Council. He may:authorize the head of any department or office to appoint or remove subordinates in such department or office. No department head shall be appointed or removed until the City Ad� ministrator shall first have reviewed such appointment or removal. with the City Council and received its approval for such appointment or removal. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration after its adoption. : (c) Prepare and submit to the City Council as of the end of. ceach fiscal year,'a complete report on the finances of the City for the preceding fiscal year, 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 to him seem desirable. i (e) Establish a centralized purchasing system for all City offices, departments and agencies_. (f) Prepare rules and regulations governing the contracting for, , purchasing, inspection, storing, inventory, distribution and disposal of all supplies, materials .and .equipment -.required by_any-.office, department-or. agency,:pf-the,City..government.and recommend them to i 4 the City Council,.for adoption by ordinance,and administer.and en- force the same after adoption. '. (g) Supervise the enforcement- of the laws.of the`State:pei ain ; r, ing to the City, the provisions this .Charter and the ordinances franchises and rights of the City. (h)'S _ eTV Jectto Polic .'established b th .CitYC. ouncil exerciseY control;of all administrative offices and departments.of the City acid of all appointive officers and employees except those directly,ap`d; pointed by the-City .Council and prescribe such,general- roles and ; regulations-as he:may deem necessary-or proper for the general conduct..of the administrative offices and departments. of=the City1, ' under,his' jurisdiction. «: (i) Perform such; other duties consistent .with°this Charter as i; j may be required of him by the City Council. -Section , 605. MEETINGS.; The City Administrator .shall`be,;---,-` , accorded a seat at all meetings of the City Council and of all boards and commissions and shall be:entitled to participate in their deg 13 � liberations,but shall not have a vote. He shall receive notice of all special meetings of the City Council, and of all boards and com� missions. He shall attend all meetings of the City Council, unless excused, except when his removal is under consideration. ufiF�' Section 606. REMOVAL. The City Administrator shall not be removed from office during or within a period of ninety days next . succeeding any municipal election at which a member of the City Council is elected. At any other time the City Administrator may be, ' removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the members of the City Council. At least thirty days prior to the effective date of his removal, the City Administrator shall be furnished with a written notice stating ' the Council's intention to remove him and, if requested by the City Administrator, the reasons therefor. Within seven days after receipt of such notice, the City Administrator may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to. The City Administrator shall appear and be heard at such hearing. After furnishing the City Ad- ministrator with written notice of his intended removal, the City Council may suspend him from duty, but his compensation shall z� continue until his removal as herein provided. In removing the,City Administrator,the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particu- lar showing or degree of proof at the hearing, the purpose of which is to allow the City Council and the City Administrator to present, 3 i it to each other and..to the public all pertinent facts prior to the final action of removal. Section 607. NON-INTERFERENCE:WITH ADMINISTRATIVE SERVICE. Except as otherwise provided in this Charter, no member of the City_Council shall.order, directly or indirectly, the appoint= ment by the City Administrator, -or by any of the department he k t in the administrative service of the City,of any person to,-any ,ofikie or employment, or his removal therefrom: Except for the purpose of k; inquiry, no member of the City Council shall deal with the adminis= trative service under the jurisdiction of the City Administrator, X except through the City Administrator, and no member of the City f: Council shall give orders to any subordinate of the City Adminis® ' I tra.tor, either publicly or privately. Section 608.,ACTING CITY ADMINISTRATOR. The City Add r ministrator shall appoint,subject to the approval of the City Council: 14 9'i. 4 t one of the other officers` or department heads of.the City to serve as Acting City Administrator during any temporary absence or dis- ability of the City Administrator. If he fails to make such appoint- ment, the City Council may appoint an officer or department head to serve as such Acting City Administrator during any such absence S : t or.disabilitY, r i - s ly Iy. s t - b t�i: ARTICLE- II i t OFFICERS AMD EMPLOYEES Section 700. ENUMERATION. In addition to the, City.Council, - a City, Clerk, a City Treasurer, and City Administrator,-the officers and employees of the City shall consist of a City Attorney, a Dir- ector of Finance, a Director of Public Works, a Planning Director, a Police Chief, a Fire:Chief, and such other officers, assistants, deputies and employees as .the City Council may provide by ordi- nance or resolution. Section 701. APPOINTMENT AND REMOVAL.. All officers, department heads,and employees of the City, except elective of- fices, shall be appointed and may be removed as elsewhere in this Charter provided. Section 702. ADMINISTRATIVE DEPARTMENTS. ` The City s Council may provide by ordinance or resolution not inconsistent =E with this Charter for the organization, conduct and operation of the several offices and departments of the City as established by this Charter,-for the creation of additional departments,divisions,offices and agencies and for their consolidation, alteration or abolition. It t �= may further provide by ordinance or resolution.for the assignment and reassignment of functions, duties, offices and agencies to WW. r, t offices and departments, and for the number, titles, qualifications, 4kun? powers, duties, and compensation of ail 'officers and employees, �<< ,4 -consistent_ consistent with-this,Charter. Each departmentso created shall be headed by an officer as department head "When the positions are not incompatible,* the;City Council inay� V �; combine in -:one person the powers and duties of-awo or "more _offim cers, provided .however,'`that the same person shall not hold the �kp(ii positions of City Treasurer and.Director of Finance R4 Section'703 :CITY ATTORNEY. POWERS AND DUTIES To be- come¢and remain eli ible for-Cit Attorne the erson.elected 'or. ! appointed shall be an attorney;at,law duly licensed as such under n� �a,- the laws the State of California,-�and shall have:been engaged in `the practice of law in this State for at least three years prior to his �electionor appointment.The City Attorney shall have the'power and ds ` may be required to: Represent and advise the Crty Council and all City officers f ;, In all`matters of law pertaining to their offices. b Prosecute on behalf of,the.0ebple'_any.or,all criminal cases , fir rasing from` violation of the provisions of-this Charter or of City �� r 16 ordinances and such. state misdemeanors as,the City has the power � u Y - ` 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 rep- ki r resent'and appear for any City officer or employee, or former City g officer or employee, in any or all civil actions or proceedings in t�3 Y « which such officer or employee is concerned or is a.party for any Iy } act arising "out of his employment or by reason of his official capacity. (d) Attend all regular meetings of/the City. Council, unless . excused, and give_ his advice or opinion orally or in writing when- z ever requested to do so by the City Council or by any of the boards` h l or officers of the City. ; (e) Approve the. form of all"contracts made'by-and all bonds and ' insurance given to the City, endorsing his approval thereon,in ;q s writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. . dj1' (g) -Devote such time to the duties of his office and at such lip place:as maybe specified by the City Council. (h) -Perform such legal .functions and duties :incident to."the, . execution ofahe foregoing powers as.may be necessary. . t ' ; (i) :Surrender to his 'successor all books, papers, files and documents pertaining to the City:s affairs i The City";.Council.shall have control of all legal business and proceedings and all property of the legal department, and may j�k; employ other attorneys to take charge Hof,,or,,may contrapf. for any �; i prosecutions,`litigation or other legal matters"or business Siow-704CITYCLERK.: POWESAN DUTITeect 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 ' I true record of all of the`proceedings of the -City Council `in books : a' that shall bear appropriate:title and be devoted to such purpose �!; (b)'Maintain separate books,:in wlueh shall be recorded respec ( tively" all ordinances and:resolutions, :with -the certificate of Clerk annexed°to eac er&ofj stating the same to be`the original or I 17 a correct copy, and asao.an ordinance:requiring publication, stating ' that the same has been published or.posted in accordance with.this h q' Charter. (c) .Maintain separate, records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use:: r` (e) Be the custodian of the seal of the City, I (f) Administer oaths.or,affirmations, take affidavits and depo- 'a sitions pertaining to the affairs and business of the City and certify copies of official records. N: (g) Be ex-officio Assessor,.unless the City Council.has availed itself, or in the future avail itself, of the provisions of. the general laws of the State relative.to the assessment of property and u " -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 maybe required by ordinance or resolution of the,City Council.` The;City Clerk.may, subject to_the approval of the:City Coun- Uli it ;' = ,cil,;appoint such deputy or deputies to: assist him or act for him, at. } �I , may ,b .such ordinance orl 1h' resolution prescribe - r y°I���itr Section 705 CITY TREASURER. _POWERS AND DUTIES The. City Treasurer shall have the power and shall be required to . If�hl t y!I aY (a) Receive on behal€ of the City all;taxes,, assessments, icense fees,:and other r yenues:of the City, or for the collection r';!�r{ which the City is responsible, and receive all taxes or other money receivable by the .City from the County,State or Federalry Govern N ment, or from any court, or from any office, department or'agency of . 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 he City government and deposit .or cause to tie deposited all funds coming is o his hands insuch depository as;may be designated by resolution of'the City Council,-or, if no such resolution, a adopted, At then-do such:`depository designated in writing by the City'Adminis trator, and,in complianc , hw e provisions of . e State: - 'x "18 Constitution and laws of the:,State:.governing the.handling,;deposit 'I ing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, .disbursements and fund balances, ' and shall file copies of such reports with the City Administrator.and ' City Council. (e) Perform such other duties. consistent with this Charter as 1 A� may be required by ordinance or resolution of the. City Council:"" The City Treasurer may, subject to the approval of the City j . Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordim nance'or resolution prescribe. Section 706.DIRECTOR 0 F FINANCE.POWERS AND;DUTIES. To be eligible for appointment as Director of Finance, the person ' appointed shall have had at least six years of responsible financial w experience including at least four years in a public agency and°shall have: such other qualifications as may be required.by the City d Council. The Director of Finance`'shall have the power and shall be required to: 1 (a)Have charge of the administration of the financial affairs of the.City under the-directiori'of the City-Administrator, and-be head of the Finance Department of the City I' + I (ti) Assist the Cit :Administrator in the preparation and.execu_� Y a a tion of the budget (c) Establish and maintain a system of financial procedures; qfi accounts and -controls for'"the .City_.government and each of its offices, departments and agenciesa . "!. (d) Superyise and be responsible for the„8rsbyrsemerit of all -moneys and have control of`all expenditures to insure that`hudget4 appropriations are not exceeded; `audit all purchase ;orders before issuance; :audit and `approve before payment ::all bills, invoices`, ,,' payrolls;demands or charges against the:City government with th"e advice,of the-:City Attorney,:when necessary, determine the xegular� ity legality and correctness of such claims, demands or.charges �n41' and draw`warrants upon the`City Treasurer for all -claims and deg mands audited and approved as in-this Charter provided specifying the purpose for`which`drawn and the"fund,from;which payment'.is to U tie""made.= � P I '19 1� (e) Supervise'and'be'responsible for the receipt and collection of all taxes; assessments, license fees :and other revenues of the City, or for the,collection of which the City.is responsible, and all rw other money receivable by the,City from the County,,State or Feder- j al Government, or from any court; office, department or agency of the City. 1.a5 E (f) Submit.to the City Council.through.the City Administrator a " monthly statement of all revenues and expenditures in sufficient r detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement I report., ort. p (g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. (h) Perform -such other duties consistent with.this Charter as may be required of him. Section 707. .DIRECTOR OF PUBLIC WORKS—PLANNING DIRECTOR. POLICE CHIEF. FIRE CHIEF. The:Director of Public Works, the Planning Director, the Police Chief-and the Fire Chief j t shall be the heads of their, respective departments, ;and these i departments shall continue and remain separate departments Section 708. ADMINISTERING OATHS Each department head r` i and his deputies shall have`- the power to .administer oaths-and V ik affirmations`in connection:with any official -business pertaimng._to Ilia his department: Section 709 ILLEGAL CONTRACT NANCIAL FI INTEREST No member.'of the City Council, shall,have a financial>interest, directlyor indirectly, in any contract, ale or.transaction to which the City is,,:a, partyw:and neither hall any officer,or employee, or member of any board or commission, have an°;interest in any con Y` �' 1 tract, sale or transaction fo which the City its a party and which f b ' comes before said officer ;or employee,!or member of any:board or _' ' commission, or the.. partment or office of the City with which he a 1f, is connected, for official action x , Any such contract or transaction in which there ll shabe such . an interest shall become void at the election'.of the City,-when s0 declared by resolution of the City Council ? "V No:member of the City Council, City official or employee, or member of any board ,or commission, shall be deemed to have.a i `financial interest within.the meanie of the foregoing rovisions r g : g, . gP in any contract made with a corporation by reason of the ownership ; 20 of:stock.in such corporation unless ,said.stock owned by him shall amount to at least three percent of all the stock of.such corporation i issued and outstanding.No City Councilman or member of any board or commission shall .vote on oi-participate in any contract or trans- � ... i4 action in which he has directly or indirectly a financial interest 'Jf whether as a stockholder of the. corporation or otherwise If _any officer, or employee, or member of an board or commission durin ` } , . Y , g �. the term for which he was elected or'appointed,_shall:so vote or `4 participate, or shall -have a financial interest as_ aforesaid, upon conviction .thereof, he shall forfeit his 'office. '' T h Section 710..ACCEPTANCE OF OTHER-OFFICE Any.elective officer of the City. who shall accept or retain any other elective i' public office, except as provided -in this Charter, 'shall be Ideemed j thereby to have vacated his office under the City government Section 711. 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- ministrator or any department head or other officer having appointive i power appoint any relative of his or of any Councilman withinsuch " degree to any such position. i C�,, Section OFFICIAL BONDS The City_ Council shall fix by ordinance or resolution the amounts and terms of the;official ionds a� of all officials_ or employees who are required_.by this Chazter or by ordinance €o give such bonds All bonds shall be ekecuted by responsible corporate surety, shall be approved as ,to form,by theja'�f City Attorney,'and shall be.filed with the City,:Clerk: Premiums on �f official bonds..shall,'be paid by the Crty A,blanket bond maybe ?,hM ! used if it provides the same protection as the required separate f� fil 55p bonds would provide ti 3 In all cases wherein an employee of the City,is required toy{ t furnish a0. farthful performance bond, where shall be no personal ' liability upon,=:.or any rightto recover:againstthis supenoc officer or other-officer or employee, or the bond'of the latter, unless such Sul officer, or other officer or employee _is a party to the act ' or: omission, or has""conspired in: the :wrongful act directlyor in , il directly causing the loss x r -ARTICLE -Vill APPOINTIVE BOARDS AND COMMISSIONS Section 800. IN GENERAL.There shall be the following named ? advisory boards and commissions which shall have,the powers and duties herein stated. In addition, the City: Council may create by N} ordinance such additional advisory boards or commissions as in its judgment are required, and may specify the number of members. U i thereof, their .terms and "manner, of appointment, and may grant to R. E them such powers and duties as are consistent with the provisions of this Charter. Section 801. APPROPRIATIONS. The -City Council shall in� elude in its annual budget such appropriations of funds as -in its t opinion shall be sufficient for the efficient and properfunctioning of such boards and commissions. °- Section 802. APPOINTMENTS. TERMS., The members of each of the boards or commissions hereinafter named in this Article shall =;l be appointed by the City Council from the registered voters of the City, none of whom shall hold any full time.paid.office.or employ- t ment in the City government. They shall be,subject-to. removal by. motion of the _City Council adopted by the affirmative votes of a ' majority of the total membership thereof. The members thereof shall serve for terms of four years and until their respective``successors are-appointed and qualified. The. terms shall be:staggered so Ahat r the number of terms on any such board or commission expiring in any year shall not:differ by more than one•from the number of terms expiring in any other year:Such terms shall expire on June Thirtieth of the appropriate year. A vacancy oc curring before the expiration of a term shall be filled by appointment for>,the remainder of the "§'il i = - unexpired tern ,J, BOARDThembsfteborNG Sec on83. EXISTIs and commissions holding office:when this Charter,takes effect shall continue to hold`office thereafter until their respective terms of office shall expire.and until:their:successors shall be appointed and r�4 F f qualified. If the_membership .of any board or_.commission:is reduced Nit Z,i, .._ or increased.by this Charter, #he;members'__to be added or,eliminated + ' shall be determined by the City`Gouncil, The:terms of A e-:members t -of any existing`board or commission shall,be'adjustei,if necessary, + to comply with the provisions of this Charter,-, Section 804. MEETINGS. CHAIRMAN As`.soouas practicable, k, following the first day of_July of every year, each of such boards and commissions shall organize by.electing:one of wits•members 'to - 1 serve as presiding officer at the pleasure of the board or com- mission.All meetings of said boards and commissions shall be-open to the public and all persons shall be permitted to attend such meetings, except that the provisions of this sentence shall not i apply to executive sessions to consider the appointment, employm ment, discipline or dismissal of a public officer or employee,or to hear complaints or charges against any such officer-or employee, The City Administrator shall designate a secretary for each,of such boards and commissions _who need not be a member of:such board and commission, and who shall keep a record of its pro- ceedings and transactions.Each board or commission may prescribe.. its own rules and regulations, which shall be consistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. 4 ' Section 805. OATHS. AFFIRMATIONS. Each member of.,any such,board or commission, and the secretary thereof, shall have.the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission. Section 806.PLANNING COMMISSION. POWERS AND DUTIES. There shall be a Planning Commission consisting,of seven members who shall have been residents .of. the -City for at least'two years immediately .preceding their:appointment.`-The City Attorney. and Director of Public,.Works," or _their _assistants, `shall=attend all � 7 meetings of the Planning Commission unless excused-therefrom The-Planning Commission-shall:have-the power and be required to (a) Recommend_to.the City Council after a public hearing there - on, the adoption, amendment or repeal Of a Master or General Plan, ;,fi or any part thereof, for guidance:in the`physical development of; City. "(b)'Exercise.such functions_;with re to.land subdivisions � �,�,� as .shall be provided by ordinance not inconsistent with the pro jG�It visions of this Charter. (c) Exercise such functions with respect to "zoning, building, �� land use, precise plans, specific plans, and-related matters as may be-prescribed by ordinance hot inconsistent with the provisions of this'Charter. (d) Perform such other functions` not inconsistent with this Charter as may be delegated"-to by�the City Council Section 807. LIBRARY BOARD POWERS"AND{DUTIES There ,;i 2g u , i Ey 4IF' 1J � shall be a Library Board consisting of--five- embers which shall ! �,I have the power and duty to: _ (a) Make recommendations to the-City Council for the-operation. and conduct of City libraries. x (b) Recommend to the City Council rules and regulations and 'I by laws for the administration and protection.of City libraries. (c)Recommend to the City Council the duties and qualifications of the librarian and other officers and employees of the-.libraries. pi (d) Make recommendations concerning the acquisition of books, , journals, reports, maps, publications and other personal property. I' (e) Make recommendations concerning the purchase or lease of real property and the rental or. provision, for adequate facilities, buildings or rooms for library purposes. , (f) Make recommendations concerning. the borrowing of library I materials from and lending library materials to and exchanging library materials with other:libraries subject to any costs and ex-. penses approved by the City Council. (g) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto.to the City Council and the City Administrator. (h),Within sixty days :after the close of,each fiscal Year, report to.the.City Council:on the condition of the libraries for the preced " j� I ing fiscal year and on such othei,,"fters deemed expedient by the ' Library Board. - -Exercise such other functions not inconsistent with this ������ E Cfi b arter as may be prescribed by ordinance , Section 808. PERSONNEL BOARD. POWERS AND ,DUTIES. r. There shall be a'PersonnelBoard consisting of five°members, none i members of which while a memberof said board or fora period year after he has ceased for any reasonao be_`a member, shall ,ur occupy.or be,eligible for`appointment to any salaried office or`em- WON!j ployment in ttie service of:the City The Personnel Board shall have the power and be requued to ya �'i' (a):Act in an advisory capacity to the City Council and City Administrator'on personnel administration �. (b) After .a public hearing:thereon, recommend to the Ci ty . Council, the adoption, amendment or repeal of personnel rules and I regulations. . fal�I+� , s c Make an investigation :.p on re uest of the Cit Council _ I' O Y g P q Y concerning.the.administration:of personnel in the municipal service. (!i; and report its findings to the City Council and City Administrator. fir, (d)Hear.appeals of any officer or employee under the Personnel I, System -who-is.<,suspended for:a period -of-more than :_thirty days, demoted or removed, and report -in:writing'to:the appointing power f'j and City :Council, its .findings, conclusions and:recommendations. - . (e) Exercise such functions with respect to personnel or. the .- Personnel System,.not':inconsstent herewith, as.may be prescribed by ordinance-or requested by the.City Council Ili I 3 II I� lid IL. i J r0 I 4 d s � � t a r x rill � 1 ` 1 Y 4 eta rT I.Ihi? I v t AI x y, > {I ul I� III 1 1 r Irl _ y � ARTICLE IX 4 A, _ BOARD OF EDUCATION - - Section 900...STATE LAW GOVERNS. The manner_in which, h -the .times at which, and the terms for which the. members of the- . �1 ',', Board of Education shall be elected or appointed, their qualifica= nj tions, compensation and removal and the :number which shall con= I titute such board shall be as now or hereafter prescribed, by the - ''' _ Education Code of the State of California, provided that the.number: of:members which shall constitute such board shall be five unless and until.said number shall be changed by or pursuant to the terms N. of said Education Code. Section '901. EFFECT OF CHARTER .ON DISTRICT. The adoption of this Charter shall not have the effect of.creating any new school district nor shall the adoption of this Charter have any effect upon the existence or boundaries of any present school dis- trict within the City or of which the.City comprises a part, but each .. } such present school district shall continue in existence.subject to the provisions of the laws of the State of California as the same now �i exist or hereafter may exist. Section 902._ EFFECT OF. CHARTER .ON BOARD. The_five U members of the Board of Education in office.on the:effective date of -this Charter..shall continue as:..such-until ,the expiration of their;.. - i terms' until the election and qualification of their respective i successors under said Education Code- 'and if necessary, the Board of Education shall adjust`the term of one or:more .of its.,:members;by notmore.ahan one year so that hereafter;the terms ofae members:of said Board shall comply with said Edtcation,Code 5 Y �,F1 - kk _ 43 26 , i ARTICLE;X PERSON EL SYSTEIN Section 1000. SYSTEM TO BE ESTABLISHED. The City Coun- cil shall; within six months of the effective date of this charter, by ordinance establish a comprehensive personnel system for the selection, employment, classification, _advancement, demotion,' suspension, discharge and handling of grievances of:those ap- pointive officers and employees who shall be included in the sys- tem. The system shall consist of the establishment of minimum' j.. standards of employment and qualifications for the various classes r 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 "! interests of the public service. The ordinance shall designate the departments and 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 departments and ap- pointive officers and employees .included within the system, pro- vided, however, that once included within the system, no depart- ment, officer or employee shall be withdrawn therefrom (unless the x department, office or position _is actually abolished or eliminated) y without the approval of such 'withdrawal .at a regular or special. a election by a majority of the voters voting on such proposition The system shall comply with all other provisions`of this Charter r�! t i!; ARTICLE - 'RETIREMENT aG Section 1100.'STATE SYSTEM Authority;and power arse hereby vested in the City,its,City_Council and`its,several officers; agents - q .: and em to ees to do and erform an act '-and .to execise sae ''i P y r P y. authority,,- ,,granted permitted, or required under the provisions of thel�, State Employees'.Retirement Act, as it:now eiusts' r hereafter}may ;kIIV'. De amended, to enable the"City.'to continue' as'a contracting City, f under the State Employees' Retirement.System Th e City Council h ,may terminate any_contract=with:the Board of;Administration ,of the n4 r State Employees' Retirement System only ender authority granted !;!' M. by ordinance adopted by a malonty vote of the electors of the"City �rlli�. f, voting on such proposition at an election at which such proposal=isril presented. `27 ARTICLE XII FISCAL -ADMINISTRATION Section 1200. FISCAL YEAR. The fiscal "year of the City government shall begin on the first day of July of each year and end on the'thirtieth day of June of the following year. ' Section 1201. ANNUAL BUDGET PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator s� shall, determine, each board or commission and each department 3 head, shall furnish to the City Administrator, personally, or through £! the Director of•Finance, estimates of revenue and expenditures for rt his department or for such board or commission for the ensuing fiscal year, detailed in such manner as. may be prescribed by the 1 City Administrator. .In preparing the proposed budget, the City t Administrator shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as he may deem advisable. { ' Section 1202. BUDGET. SUBMISSION TO CITY COUNCIL. At least hirty days prior to the beginning of each fiscal year, the City Administrator shall submit to the City Council"the proposed.budget ` as prepared by him o After reviewing same and making such revisions as it may.deem advisable,the City.Council shall determine the time for .the. holding of a public hearing thereon and shall cause to be published a:notice thereof not-'less than ten days prior to said hear= ing, by=:at,least "one'inse-tion in_the:official. ewspaper.'.;Copies of the .proposed budget shall=be avaifable�for""inspection by the public in the "office of the City Clerk at least ten days prior to said hear -2 ing �aj,! Section "12a3. "BUDGET. PUBLICS HEADING. Af the hmeso _advertised or at any time_to which such public hearing shall from time tQ time ":be.adjourned, the Crty Council shall hold .a public hearing on the proposed budget, at which interested persons des_ir= ing to be heard shall be glyen such opportunity Section 1204 BUDGET " `FURTHER CONSIDERATION AND yti ADOPTION At the conclusion,or the public hearing the City Coun t cil "shal,I further.consider.,the proposed budget and make any--re- Y visions thereof thatit may deem advisable.and on or before June 30 EO .: it shall adopt`the4 budget with revisions, if any, by the.affirmative ' votes 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 Administrator, Director of Finance, City,` Treasurer, and the,person`retained by;the City Council to perform, � 28 k11,L. 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 hi reproduced and copies made available for the use of the public and ill of departments, offices and agencies'of the City. Section 1205.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 iry' departments, offices and agencies for the respective objects and purposes therein named, provided_, however, that the City Adminis- trator maytransfer funds from one object or purpose to another with- in the_same department, office or agency. All appropriations shall g lapse at the end of the fiscal year to the extent that they shall not " have been expended or lawfully encumbered.. - f At any public meeting after the adoption of the budget,the City I� Council may amend or supplement the budget by motion adopted by the affirmative votes of.at.least a majority of the total members of the City Council. Section 1206.CENTRALIZED PURCHASING.Under the control and direction of the City Administrator there shall be established a centralized purchasing system for all City.departments and:agen- c ies, except as otherwise provided in this Charter."The City,Ad- ministrator shall recommend and the-City Council shall consider:and" adopt by ordinance, rules and regulations governing the contracting lE'i for, purchasing, storing, and.distribution,-.. all supplies, materials. and..equipment required by .any office, department or agency`of the- jV City government., Section 1207 TAX LIMITS (a)The--City Council shall not levy a property tax for municipal '{ purposes =in excess of One Dollar:=annually on .each.=0ne"_Hundred ,[ Dollars of ahe`assessed value of taxable;property in the City, ex IPi cept as'otherwise provided in this .Section, unless authorized the :affirmative ;votes `-of a majority of the electors..voting on a proposition to increase. such legy. at .any election 'st 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"ma de_shall be specified in such,proposition: b ::. OThere shall be levied and collected at the same time._and in the-same-manner as other property axes for municipal purposes levied and collected, as additional taxes not subject to the limitation;-if no other provision for payment thereof is:made, �Iilj' 29 I(; i k I = 1. 'A tax'sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, .or . to "become: due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the Cityunder the State Employees' Retirement System, the Federal_Insurance Contributions Act, or other plan, for the retirement of City Employ- $a ees,due-and unpaid or to become due during the ensuing fiscalyear. $` (c)";Special levies,_ addition to the above and riot subject to the above limitation,.may be made annually, based on City Council 1 approved estimates, for the following specific .purposes, but not.to . exceed the, following respective limits for those purposes for which limits are herein set forth,to,wit:parks and recreation not to exceed . $0.20` per One Hundred Dollars; libraries not.to exceed $0.15 per . One Hundred Dollars; advertising; music and promotion not to ex- ceed $0.05 per One Hundred Dollars; civil defense and disaster, preparedness not to exceed $0.03 per One Hundred Dollars; and for public . museums of natural -and historical objects not to exceed $0.02 per One Hundred Dollars. The proceeds of any such special I levy shall be used.for.no other purpose than that specified. Section 1208. TAX PROCEDURE. The .procedure for the-as 41I, sessment, levy and collection,of taxes upon prop erty;"taxable,for f Y' municipal purpsdses shall be prescribed by ordinance of the City r,c, Council. the City Council fails to fix the rate and levy taxes on`or before August`31 in any;year, fhe'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 1209 BONDED DEBT LIMIT The City shall;not incur indebtedness evidenced by general obligation bonds which shall the :aggregate exceed 'the sum of.._fiftpeh percent of;;the total assessed valuation, for,:purposes of City,taxation, of all the real �rl , and personal property Within the City ' No bonded indebtedness which shall constitute a general ob� ligatio.n,of the City may:he created unless authorized by the affirms � I i five votes of two thirds of the electors, voting on:such proposition at any election at which ;the question.is submitted to .the_electors and unless in full compliance with the provisions of the State Con r ,q strtution and of this'Charter r,l Section 1210.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 in _ debtedness" or general obligation of the City. No such bonds pay- able out of revenues shall be issued without the assent of a 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 cov- f enants 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 main- taining of adequate rates or:charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restric- tions upon transfer out of such fund, and other appropriate coven- j ants. Money placed in any such special fund for-the payment of principal and/or interest on any issue of such bonds or to assure 14 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 .was 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. II�I�I ` Section .1211. CONTRACTS `ON PUBLIC WORKS. Except as hereinafter expressly provided; every contract involving an"expend iture 64.more than Two Thousand Five' undred Dollars ($2,500.00} G, for,_the construction `or improvement (excluding maintenance and repair)of public-buildings, Works--,streets drains, sewersil utilities; parks and playgrounds, and each separate purchase of materials or supplies T`for ;the same, where the expenditure required .for such s,;P� purchase shall'exceed the; sum of Two Thousand Five Hundred Dollars" ($2,500.00), ahall be.let to the lowest responsible bidder ��� after notice by publication in the:official newspaper by two or more insertions, the-1: irst of which shall be at least ten days before the '. time for opening bids. t"'' The City Council may reject any and all bids presented and may, in its discretion "After rejecting bids, or if no:bids are_;received, `o _without advertising for bids if the total amount Of _the: contract or.project is less than Five Thousand..Dollars ($5,000 00), the,City.Council may'declare and determine that in its ii; opinion,-the work in question may be`,;"performed 'better or mores 31 I'IJ- . •+x .. economically by the ,City with: its: own employees, or .that the } materials or supplies maybe purchased at a.lower price in the open k ' market; and after the adoption of a resolution to this effect by the c � affirmative .votes 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 observ- v ance of the provisions of this Section. Such contracts may be let and such purchases 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 the affirmative- E votes of at least two-thirds of the total members 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 1212. CONTINGENCY FUND. The City Council may maintain a revolving fund,to be known as the "Contingency Fund", r for the purpose of placing the payment of the running expenses of the City on a cash basis. A balance may be built up in this fund from .any available sources, other than funds which are by law or ' this Charter restricted to a particular use, in an amount which_the City% Council deems sufficient with. which to .meet all la' ful_;de-` Gis E inands;against the City:for the first fire months; or,other necessary- U"� period, .of the succeeding fiscal year prior to._the.receipt of sufd . ficien_t revenues.:.Transfers may be made by the City Council from: such:fun1 .d to any other fund or funds_of such sum or sums as may be r required for the.purpose.of placing such funds, as nearly as pos kd .4 s, sable;:-on. a cash basis:::All ,money 'so -transferred-from the Coritin gency. Fund.shall be returned thereto before the end of the fiscal. i r Section;.1213 CAPITAL OUTLAYS. FUND.;A'fund for capital outlays generally is hereby created, to be known as the "Capital' s ��FF 'Outlays Fund" and to-,be a. continuation of any 'existing Capital' ;# Y Outlays Fund The City Council may.create by ordinance a special fund or funds for a special capital.outlay purpose.The City Council may ,levy and collect taxes for capital outlays .and may include in the annual'tax levy a levy for such purposes in which event it must apportion ,and appropriate to any such.fund .or funds the moneys f � '� derived from such:levy.:It may not, in,making such levy,'exceed the 'maximum tax_;rate- _�provlded for in this Charter, unless authorized by 'ILl i� rs`�° 32. } ' `the affirmative votes of a majority of the electors doting on the j proposition at any election at which.such question is submitted.The City Council may transfer to-any such fund any unencumbered sur- ' plus.funds-remaining on hand in the City at any time, j j - Once created, such fund shall remain inviolate for the purpose. . ! for which if was created; if for capital outlays generally, then for 1 any,such purposes,and if for a special capital outlay,then for such j purpose .only, unless the use of such fund for some other capital outlay purpose is authorized by the affirmative votes of a majority j of the electors voting on such proposition at a general or special election at which such proposition is submitted. 1 ' If the purpose for which any, special capital outlay fund has been created has been accomplished, the City Council may transfer any unexpended and, unencumbered surplus remaining in such fund to the fund for capital outlays generally, established by,this Chart- er. Section, 1214. TREASURER'S DEPARTMENTAL TRUST !: FUND._The.City Council may prescribe by ordinance for the setting up of:.a;Treasurer's Departmental Trust Fund into which the collec- tions of .or deposits with the police_ department, license collector, building official and other.officers and departments authorized to make collections or,receive deposits may be deposited at.frequent ti! intervals each.month,. with ;advice of each deposit. beingfurnished to,the,City Tre D Finance- Treasurer shall make withdrawals from such a fund only;on corder.signed by Ij j the Director of Finance and for the following purposes �I (a) ,Making a refund of refundable deposits when such refund is ! legally`due from the City, f,l (b) R -the unadvncesauhozedn City Council r �� (c) Correction of clerical or'.-ministerial eirors m";the receipt of i1t payments to the City !�'! (d) fMaking settlrement- with City funds_,at the end ;of each ��� calendar_month-for collections or.deposits accumulated during the Section 12I5. OTHER FUNDS. The City.Councilmay establish !, byordinance_such otherfunds, not inconsistent with the provisions of this Charter,.as it may consider appropriate or desirable..-, !" Section 1216. CiAIMS`AND`DEMANDS. PRESENTATION AND PAYMENT Procedures prescrnbed'by the State Legislature`govern Ili! ing the �preseatation consideration -and��enforcement of claims 33 ��, against chartered cities or against officers agents and employees g g , g - . . . u � thereof shall apply to the presentation,..consideration and enforce_. ment of claims against the City. �t In .the _absence of applicable procedures prescribed by the t! State Legislature, and to the extent that the same are not incon- sistent therewith, the following provisions of this Section shall govern the presentation, processing and payment of all claims ,and demands against the City. All claims for damages against the City must be presented in ' writing to the.City Clerk within one hundred days after the occur- rence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, ' the time, date; place and circumstances of the occurrence and the A i extent of the injuries or damages sustained. All such claims shall be approved or rejected in writing by order of the City Council and':' the date thereof given. fq All other demands against the City must be in writing and may.-. ,f be in the form, of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to .the Director of Finance within j one hundred days after the last item of the account or claim accrued.. =1 , The Director of Finance shall examine the same. .If the amount thereof is legally due and,the.re.remains on his,books an.unexhaust ed balance of an:appropriation..against which, the same may be charged, he shall approve such demand and draw his .warrant onthe '. City Treasurer therefor, payable out of the proper fund Otherwise a; he.. shall reject it Objections of'the-Director of Finance may„be overruled by_the.City Council ;and the�warrant ordered drawn =The Director of Finance-shall transmit such demand,;with his approval or rejection thereof endorsed thereon, _and`warrant,=if any, to the City Administrator: -If a demand is one for an`itemincludei within an approved budget appropriation; it shall ;require the approval of ahe=City In before payment; otherwise it.shal_1 require i1 the approval.of the .City Council, following"the'adoption by: it of`an -:,, amen meht "to the _budget`.authorizing 'such ,payment Any person RJ dissatisfied with the refusal,of the City Administrator to_approve any demand, yin whole or-in part, may present the same tothe City '�f Council which aftexaminin .into the matter shall a rove.or er . gpp reject .the demand in,whole or in part. ' Section _ 1217. -ACTIONS ;AGAINST CITY. No'suit shall b6"­ Ti, .brought for money or. damages against the City or any board, com mission or,officer thereof'on any cause, of action for which this Charter or the general law requires a claim to be presented, until'a �i �, 34 RI ; i I claim or demand for the same has been..presented as in this.:Chafter provided and such claim and demand has been rejected in whole or in part. If rejected in-part suit may be brought to recover-the whole. Failure to complete 'action approving or rejecting any claim or demand within forty-five days from the day the same is presented j:: shall be-deemed a rejection thereof. i Section 1218:REGISTERING WARRANTS. Warrants on.the City ( ` Treasurer:which are not paid for lack of funds shall be registered. All registered warrants shall be paid in the order of their registra__:_ : tion'whe'n funds therefor are available and shall bear interest from . the date of registration at such rate as shall be fixed by the City Council by resolution. Section-1219. INDEPENDENT AUDIT. The City Council shall j employ at the beginning of each fiscal year, an independent certi- fied 'public .accountant who shall, at such•time or times a's may.be { specified 'by the City Council, at least,annually; and at such-other. times as he shall determine,examine the books,records, inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers,'em. ployees or departments as the City Council may direct. As soon-as practicable after the end of.the fiscal year, a final audit and report w. shall be submitted by such. accountant to the City .Council, ,one x; copy thereof to be distributed to each member, one to the City' Administrator,.,Director of,:Finance, ,;Treasurer;=and City Attorney, = y. respectively, and sufficient:additional 'copiesbf the audit shall be ° placed on file.in the;office of the., -ity-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 bet published in the official newspaper —- Section 1220 SALE OF PUBLIC UTILITY No publicuty r� now,or heieafter owned or operated by the City, shall be sold,leased $ or otherwise transferred or`disposed of.--unless authorized tby affirmative votes of at least a.majority-.of the. total membership o.f ' the:City Council and 6y the affirmative votes .of-at east two= of the electors.,voting.:on.such proposition,at a general or special election at which such proposition.is submitted..- x 14 7S i i rl 35 ib =ARTICLE A111 ELECTIONS, Section 1300. GENERAL MUNICIPAL ELECTIONS. General ' municipal elections for the election of officers, except members of the Board of Education, and for such other purposes as .the City Council may prescribe .shall be held in the City .on the second ' Tuesday in April in each even numbered year. The first such generm al.municipal election shall beheld on the second Tuesday iri April, 1966. Section 1301. SPECIAL MUNICIPAL ELECTIONS: All other municipal elections that may be held by authority of this Charter,or � a of any law, shall be known as-special, municipal elections-. Section 1302. PROCEDURE FOR HOLDING ELECTIONS. All s ;' elections shall be held in accordance with the provisions. of the � ry . Elections Code of the State of California, as the same now exist or: hereafter may be amended, for the holding of municipal elections; # } so far as the same are not in conflict.with this Charter; provided, however, that in the .case of the first election held under this Charter, the time for filing nomination papers and the time for pubm lishing the notice of election is extended until: the fortieth day � k - prior to the election. ' Section 1303. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors of'the City the,;powers,of , i the initiative'and referendum ana of the recall of municipal elecfive officers The provisions of the Elections Code of the State of Cali forma;as the same now exist or'hereafter may be amended, govern .ing the initiative and referendum and the, recall o_ f municipal `of ' rutl facers shall a 1 to the use; thereof m.the Cat ` so far as"such ►� PP Y _ Y provisions :of the Elections Code are"not,tn conflict with the prop '; T visions of 1his Charter a55li{I �tN t { t r file# 1,ii � k ;s �'�� 36 ARTICLE XIV FRANCHISES Section 1400. GRANTING OF FRANCHISES Any. person, firm or corporation furnishing the City or its inhabitants.with transporta. ' tion, communication, terminal facilities, water, light, heat, elec- tricity, gas, power,-refrigeration, storage or any other public utilityr or service, or using the public streets, ways, alleys or places for the operation of plants, works or equipment for the furnishing there-, of, or traversing any portion of the.City for the transmitting or.con veying of any such service elsewhere,may be required by ordinance to have a valid and existing franchise therefor..The City Council is empowered to grant such franchise to any person, firm or corpora- tion, whether operating under an existing franchise or not, and to prescribe the terms and.conditions of any.such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions of such grants, or the making there- of, all subject to the provisions of this Charter. Nothing in this Section, or elsewhere in this Article, shall apply to the City, or to.any.department thereof, when furnishing any such utility or service. t Section 1401.. RESOLUTION .OF INTENTION. NOTICE AND: PUBLIC HEARING-Before;granting,any franchise, ,the City Count •' cil shall.pass a resolution declaring its intention to grant the same; stating the name of the proposed grantee,,the character of the fran :lL chise and the terms and conditions=upon which it is proposeoto be j granted -;Such resolution shall fix and set-fort the_clay, hour and i` '$ place when and where any ;persons having any interest therein of �' any objection to the granting (hereof.:may appear before the (aty5 Council_ and .be heard thereon. It shall direct the City Clerk toy �' publish said resolution at least 'once, :within fifteen; days Hof *= passage thereof; in-the official newspaper The'time fixed for" suet (.hearin shall not=be lessth"an twent normore-than sixt da s after, t� g y = y y f i, the passage of Said resolution. At the time-set for the hearing the City Council shall proceed to hear ,and pass upon all protests and its decision _thereon shah be final and conclusive. Thereafter it may by ordinance grant the m 4 franchise'on`the terms and conditions specified in the resolution of ;'' Intention to grant the'same,subject to the right"of referendum of the" people,or"it;may deny the same. If the City Council shall "determine f that changes,'should be made in the terms and conditions upon ;r - 37 i t. am which the.franchise is proposed to be granted, a new .resolution of - intention shall be adopted and like proceedings had thereon. Section 1402. TERMS OF FRANCHISE. Every franchise shall' state the term for which it is granted, which; unless it be indeterr urinate.-as provided for herein, shall not exceed forty:years. Yi A franchise grant may be.indeterminate; that is to say, it may provide that it shall endure in.full force and effect until the same x� shall be voluntarily surrendered or abandoned by its possessor, or A ' until the State of California, or some municipal or public corpor- ation thereunfo duly authorized`b law, shall purchase by voluntar Y , Y Y p Y agreement or shall condemn and take, under.the power ,of eminent }., domain, all property actually used and useful m' the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such 4 property, or until the franchise shall be forfeited for noncompliance 1 _ with its terms by the possessor thereof. l� {: Section .1403. GRANT TO BE IN LIEU OF ALL `OTHER FRANCHISES. Any franchise granted by the. City with respect .to any given utility service shall be in lieu of all other franchises, 1 rights or:privileges owned by the grantees or by any successor of the grantee. to any right under such franchise; for the rendering of X. such utility service .within the limits of the City as they now or may . ' hereafter exist; except any franchise�derived under Section-19.of Article;XI of.the,;Constitutlon of Californias as :said;section existed . prior',ao the'.`ameridment thereof adopted October lU, `1911 :The acceptance :of any jfranchse•hereunder, shall operate as an aban donment of all such franchises; rights and:`privileges wrthm=the;> }' limits "of the City as such aimits`shall at any time exist,'in lieu of `F which such franchise shall be granted Any franchise granted hereunder shall .not brecome of€ecrive. _ :,.: until written'acceptance thereof shall Piave been filed by xhe grantee `} thereof„_with he City Clerk Such acceptance shall.'be filed within ten daypa er the adoption of the ordinance granting the franchise, or any extension thereof granted by the City:;Council, and when so ' filed, such acceptance shall constitute a contmiung agreement of ji such grantee that if and when:the City shall thereafter ,`annex; or t consolidate,with, additional territory.any and",all franchises, rights and privileges owned by the grantee therein, except,a franchise de r rived,under said constitutional provision, shall likewise hi"e deemed x to be-abandoned within"the limits of such territory ;;No grant of any:. franchise may be transferred or,assigned by-;the grantee except by. ! conseat m writing of the City Council and unless .the transferee or °38 u " assignees thereof:shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or j by procedural ordinance and-by.this Charter. Section 1404. EMINENT DOMAIN. No franchise grant shall in any-way, or to any extent; impair or affect the right -of the City to acquire the property of the grantee thereof either -by purchase or. li K through the exercise of. the right of eminent domain,':and nothing herein contained shall be construed to contract away'or .to modify r or to abridge, either for a term or in perpetuity, the City's right:.of { eminent domain with respect.to any public utility. �I l Section 1405._ DUTIES OF GRANTEES. By,its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant, or by procedural ordinance and shall further agree to: j (a) Comply with all lawful ordinances, rules and regulations theretofore or,thereafter adopted by the City Council in the exercise ". of its police power governing the construction, .maintenance,and operation of its plants, works or equipment. (b) Pay to the City on demand the cost of all repairs to public .' property: made. necessary. by Iany of the operations of the grantee - under_such franchise c Indeninif and hold harmless the tit and "its officers'and O Y Y employees from any`a-nd all-liability fdr;da-mages proximately result yY ing from any operations:`under'such franchise and provide such - insurance and/or bond as the City Council may require N�q j (d) Remove and relocate without expense ratio the 'C�ty any fi facilities installed, used and maintained under the franchise if and when made necessary by any-,lawful change of grade, alignment or ff viidth of any public 'street, way, alley or place, including the con I sfxuchon of any subway or elevated transit facilities, -or by-the construction or improvement of any public property'or facility, or if the public health, comfort, welfare, convenience, or safety so `demands.r (e)Pay to the.City during the';life of the franchise a percentage, to be specified .in the grant, of the _gross,annual receipts of the i. grantee within the Iimits'of.the City, o.r. such other compensation as .the City Council.may prescribe_in the rant g j Section a406. EXERCISING RIGHTS WITHOUT FRANCHISE ; The exercise by any person, firm or corporation of any privilege;'for x .,which. :a franchise is required, 4ithout possessing a. valid and <, existing franchise.therefor, :shall be a misdemeanor and shall.be t punishable in the same manner as violations. of this Charter are - punishable and each day that such condition continues to exist shall constitute a separate violation.: . r el s� - 4 1 _ _ f S f � 3 1 4 4t a I A , f1 5 • 5 E y Y •- a t�-_.�.id}_.-..iwr.....r .<�_..._� ..._.W..vvy...x�u..u. .uu��.Fx_U.._.. x».u..r.. �a—<<.... v._...... ,...._ _i... . �.,. i..-e._,u tL_ ALL a I ARTICLE :XV MISCELLANEOUS ' # Section 1500. DEFINITIONS. Unless the provisions or,the context otherwise requires,as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive. a (b) "City" is the City of Huntington Beach and "department", t" "board", "commission", "agency", "officer", or "employee", is E 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. iF (e) The masculine includes the feminine and the feminine: in- cludes the masculine. . (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 1501. VIOLATIONS. The violation of any provision of f this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding Five Hundred Dollars or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each'day that any` such violation con- j tinues-shall constitute a separate-,yiolation. Section 1502. VALIDITY Ifyany:;pr`ovision of this Charter or NI the application thereof t- any person or circumstance is held in I valid, the remainder of the Charter, and the application of such provision Ao other persons'or circumstances, shall not be affected thereby., n j -41 { s CITY O Fri/ ✓' aye' --— ——— — — —— - -- - --- -- -——-- ———— ——— — ��—a CALIFORNIA ITT CLERK'S COPY / l R P U` S E C I T (y c H' ' A f K3% T ER' N OV 3 1965 OF THE CITY OF !��2,T,TTNGTOIT�- BE"C" TABLE OF C0Y1'7ENr'L'S, ARTICLE I . NV,!E OF CITY Section 1.00 . Name Section 10"1 S e a I ARTICLE II . BO-UNDARIES Section 200 , Boundaries 1� ARTICLE III . SUCCESSTC,,; Sect-ion. 300 . Rights and Liabilities Section 301 . Ordinances Continued in E-F­-'7e-_t_ Section 302 . Rights of 0-f-Fice'rs and E�nployees Preserved Section 3031 , Continaance of Pres_,_:�r4- Offic2rs and FImployees Section 304 , t_on-.Iinuance of Co�­tracts and Public Improvements Section 305 . Penning Actions and Proceed, .Lngs Section 306� Effective Date of Cnarter ARTICLE IV. POWERS OF CIre Section 400 . Powers of City Section 401 . Procedures ARTICLE V. CITY COUNCIL AND ELECTIVE OFFICERS Section 500 . City Council , Clerk, Treasurer and Attorney.' Terms Section 501 . Eligibility Section 502. Compensation Section 503 Vacancies Section 504 Presiding Officer Section 505 . Powers Vested in City Council Section 506. Regular Meetings Section 507 . Special Meetings Section 508 . Place of Meetings Section 509. Quo.-um. Proceedings Section 510 . Citizen Participation Section 511 . Adoption of Ordinances and Resolutions Section 512 . Ordinances . Enactment . Publication Section 513 . Codification of Ordinances Section 514 . Ordinances. When Effective Section 515 . Ordinances . Violation . Penalty Section 516. Ordinances. Amendment Section 517 , Publishing of Legal Notices Section 518 . Contracts . Execution a . ARTICLE VI . CITY ADMINISTRATOR Section. 600. City Administrator Section 601 . Residence Section 602 . Eligibility Section 603 . Compensation and Bond Section 604. Powers and Duties Section 605 . Meetings Section 606. Removal Section 607 . Non-Interference with Administrative Service Section 608 . Acting City Administrator ARTICLE VII , OFFICERS AND EMPLOYEES Section 700 . Enumeration Section 701. Appointment and Removal Section 702. Administrative Departments Section 703. City Attorney, Powers and Duties Section 704. City Clerk , Powers and Duties Section 705 . City Treasurer, Powers and Duties Section 706. Director of Finance. Powers and Duties Section 707. City Engineer. Police Chief. Fire Chief Section 708 , Administering Oaths Section 709. Illegal Contract, Financial Interest Section 710 . Acceptance of Other Office Section 711 . Nepotism Section 712 . Official Bonds ARTICLE VIII . APPOINTIVE BOARDS AND COMMISSIONS Section 800 . In General Section. 801. Appropriations Section 802 . Appointments. Terms Section 803 . Existing Boards Section 804, Meetings, Chairman Section 805 . Oaths. Affirmations Section 806. Planning Commission. Powers and Duties Section 807 . Library Board. Powers and Duties Section 808. Personnel Board. Powers and Duties ARTICLE IX. BOARD OF EDUCATION Section 900. State Law Governs Section 901. Effect of Charter on District Section 902 . Effect of Charter on Board ARTICLE X. PERSONNEL SYSTEM Section 1000. System to be Established ARTICLE XI . RETIREMENT Section 1100 . State System b. ARTICLE XII . FISCAL ADMINISTRATION Section 1200 . Fiscal Year Section 1201. Annual Budget. Preparation by the City Administrator Section 1202. Budget . Submission to City Council Section 1203. Budget . Public Hearing Section 1204 . Budget , Further Consideration and Adoption Section 1205 . Budget . Appropriations Section 1206. Centralized Purchasing Section 1207 . Tax Limits Section 1208 . Tax Procedure Section 1209. Bonded Debt Limit Section 1210 . Revenue Bonds Section 1211 . Contracts on Public Works Section 1212 . Contingency Fund Section 1213 . Capital Outlays Fund Section 1214 . Treasurer ' s Departmental Trust Fund Section 1215. Other Funds Section 1216. Claims and Demands. Presentation and Payment Section 1217 . Actions Against City _ Section 1218 . Registering Warrants Section 1219. Independent Audit Section 1220 . Sale of Public Utility ARTICLE XIII . ELECTIONS Section 1300 . General Municipal Elections Section 1301 . Special Municipal Elections Section 1302 . Procedure for Holding Elections Section 1303 . Initiative. Referendum and Recall ARTICLE XIV. FRANCHISES Section 1400 . Granting of Franchises Section 1401. Resolution of Intention. Notice and .Public Hearing Section 1402 . Terms of Franchise Section 1403. Grant to be in Lieu of all Other Franchises Section 1404. Eminent Domain. Section 1405 . Duties of Grantees Section 1406. Exercising Rights Without Franchise ARTICLE XV. MISCELLANEOUS Section 1500 . Definitions Section 1501. Violations Section 15.02. Validity C. PROPOSED CHARTER OF THE CITY OF HUNTINOTON BEACH We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the organic law of said City under the Constitution. of said State. ARTICLE I NAME OF 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 my 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. ARTICLE II BOUNDARIES Section 200. BOUNDARIES. The boundaries of the City shall be the boundaries as established at the time this Chwoter takes effect, and as such boundaries may be changed thereafter from time to time in the manner authorised by law. ARTICLE III SUCCESSION Section 300. RIGHTS AND LIABILITIES. The City of -Hnti gton Beach shall continue to own, possess and control /all rights and property of every kind and nature owned, pos- sessed or controlled by it at the tim this Charter tabs effect and shall continue to be subject to all its debts, obligations, liabilities and contracts. 1 Revised 9-29-65 Sac'-Clon l is O?D1N,*,N7CES l`,0.VP!NUFD 1N v141FE,,"T. Al� lawful. ordinances, reso-'�.utlons, and reguiatt,--%na, and, oortiona thereof, In force at t1he time 'thjiZ char'"er- tal-l-es el"fect and not In -,--)r .'.nconsistent are hereby conCin-ac-d' in forge uritli tihe Same sha'11 hAuvv-, been dilly repealed, amended, clhar,�, ed or supe-reedled by prope-r aut-hority BeZtJon 302. R T G HT 3 OF P F D"F,R,13 AND E m P Lo i K S PRZ13FTRYM, Nothing in tr--Ja C'hlarter contalned, unlases otherwise spec tfically provided therein, s?La-1111 affee't- or Impaj.1, the peraonnel, peneion or retirement rights p Ivileges of orficere or empl-yees of the C ity r k o-r oC an-v office, department or agency thereof, exist g at the time ttLLs Charter makes effect . Sec".-.Ion 303 , COWIRTMANCE OF PPOSEYr- OFFIC-EM A.)'M EMP-WYEZS, The present officers and employees of the City sW-1 cont'I.Inue without.- Interruption to perform the duties cf thie-Lir respective offices a,-vl employments upon the same terms and conditions and for the compensation provided by the existing ordinances, resolutions, rules or laws, but subject to such removal, amendment and control as is pro- vided or permitted In this Charter, and, as to offices which are changed, abolished or superseded by this Charter, until the election or appointment and qualification of their respective successors under this Charter. Each elective officer whose office is made appointive under this Charter shall continue to hold such office subject to the provisions of this Charter, but his retirement status, rights or privileges shall not be deemed to be changed, altered or affected In any way by the adoption Of this Charter so long as he holds such office. Revised 9-29-65 2. City Charter .amendments 7'heyhysicaCfiCe may 00, A( contain the originals) of, for exampCe, yroyosed amendments, public hearing notices or booklets, but t"'n aCCcases they are exact duplicates of this electronic fife .