HomeMy WebLinkAboutCharter Amendment, City election dated November 2, 1976, rel i
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Charter Chapter 36 - City of Huntington Beach
AMENDMENTS TO THE CHARTER OF T11E CITY OF HUNTINGTON BEACH
;(Filed with Secretary of State December 10, 1976.)
yArticle V, Section 511 is cnnended by adding a new paragraph, to read as follows:,
Article XII of the Charter of the City Of
Any ordinance, resolution or other action of the.City Council
providing for the imposition,establishment,levy,collection or increase
Huntington Beach is hereby amended by adding in rate of any property tax, income tax, excise tax,or any other tax or
Section 1221 to read as follows: fee, or the change in base or any other provision of such tax or fee,
which change has the effect of increasing the amount of tax payable,
may be enacted only by the affirmative vote of at least three-fourths
Section 1221. Real Estate Transfer Tax. (3/4ths) of the total voting members of the City Council;. provided,
however,that any tax levied or collected pursuant to Section 1207(b)of
"The City Council shall not levy a tax on the this Charter shall be exempted from the three-fourths(3/4ths)voting
requirement of this paragraph.
transfer or conveyance of any interest in real Any ordinance, resolution or othet action of the City Council
unless authorized b the affirmative
property y described in the next preceding paragraph,adopted on or after January .
votes of a majority of the electors voting on a 19, 1976 and prior to the date upon which this amendment shall
proposition submitted to the electors to author- became effective, is hereby repealed.
ize such a tax at a general or special election. Article. XII; Section 1222 is added to read as follows:
Any ordinance heretofore adopted by the City section 1222: vote Required'For Tax Measures
Council levying a tax on the transfer or convey-
No tax or other maauro who"Wreinslpurpomisth misingof
ante of any interest in real property prior to revenue,or any increase in the amountthereci,shallbelevk1!d,eascted
the effective date of this amendment shall be or established except by orcinance adootd by the affirmative votes of
of no further force and effect ." at least five(5)members of tha City Council;providded,hmvever,that
any lax levied or collected pursuant to S..ction 1:07(b)of tails Charter
shall be exempt from the minimum voting requirement of this section.
This section shall not c;±p}y to any Iloenza,permit,or any other fee
or charge whose principal purpow is to pay or reimburse the City for
the cost of performing any regulatory function of the City under its
police power-in connection with the City's duty to preserve or maintain
EN ED®1rR6 S E the public peace, health, safety, welfare or morals.
� p ® This section shall not apply to any user,or service fee or charge
!� provided such fee or charge is directly related to such use or service,is
in the office of the Secretary of Stata charged to the user or person receiving such service, and Is to pay or '
of the StoPo of California reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any
JUN5 t9W franchise or proprietary function of the City.
Pertified to be a true copy by Harriett M. Wieder, Mayor, and
Alicia M. Wentworth, City Clerk.
IAARCH SONG EU, Secretary of State Date of municipal election. November 2, '1976.
Dorothy.E. Anderson
Deputy
(d) An emergency ordinance adopted in the manner provided it.
this Article. No defect or irregularity in proceedings taken under this
Section 515. ORDINANCES. VIOLATION. PENALTY. Aviola-
Section, or failure to designate an official newspaper, shall invali-
tion of any ordinance of the City shall constitute a misdemeanor and date any publication where the same is otherwi-e in conformity with
may be prosecuted in the name of the People of the State of Cali- this Charter or law or ordinance.
fornia and/or may be redressed by civil action. The maximum fine Section 518. CO (TRACTS. EXECUTION. The City shall not
or penalty for any violation of a City ordinance shall be the sum of be bound by any contract,except as hereinafter provided, unless the
Five Hundred Dollars, or a term of imprisonment for a period not same shall be made in writing, approved by the City Council and
exceeding six months, or both. The City Council may provide by signed on behalf of the City by the Mayor and City Clerk or by such
ordinance that persons imprisoned in the City Jail for violation of other officer or officers as shall be designated by the City Council.
law or ordinance may be compelled to labor on public works. Any of said officers shall sign a contract on behalf of the City when
Section 516. ORDINANCES. AMENDMENT. The amendment of directed to.do so by the City Council.
any section or subsection of an ordinance may be accomplished By ordinance or resolution the City Council may, authorize the
solely by the re-enactment of such section or subsection at length, City Administrator or other officer to bind the City, with or without
as amended. a written contract, for the acquisition of equipment, materials,
Section 517. -PUBLISHING OF LEGAL NOTICES. The City supplies, labor, services or other items included within the budget
Council shall contract for the publication of all legal notices, ordi- approved by the City Council,and may impose a monetary limit upon
nances and other matter required to be published in a newspaper of such authority.
general circulation in the City. Each such contract shall cover a The City Council may by ordinance or resolution provide a
period of not less than one nor more than three years. In the event method for the- sale or. exchange of personal property not needed in
there is more than one newspaper of general circulation published the City Service or not fit for the purpose for which intended, and
within the City,the contract shall be made only after the publication for the conveyance of title thereto.
of a notice inviting bids therefor. In the event there is only one
newspaper of general circulation published in the City,then the City Contracts for the sale of the products, commodities or services
Council shall have the power to contract with such newspaper for of any public utility :owned, controlled or operated by the City may
the printing and publishing of such legal notices or matter without be made by the manager of such utility or by the head of the depart-
being required to advertise for bids therefor. The newspaper with meet or City Administrator upon forms approved by the City Admin-
which any such contract is made shall be the official newspaper for istrator and at rates fixed by the City Council.
the publication of such notices or other matter for the period of such The provisions of this Section shall not apply to the employment
contract. Any such newspaper of general circulation shall mean a of any person by the City at a regular salary.
newspaper adjudicated to be a newspaper of general circulation
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. f
In the event there is no newspaper of general circulation pub-
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
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.
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ARTICLE VI
CITY ADMINISTRATOR elective officers and those department heae';,officers and employees
Section 600. CITY ADMINISTRATOR. There shall be a City the power of whose appointment is vested by this Charter in the
City Council. He may authorize the.head of any department or office
Administrator who shall be the chief administrative officer of the to appoint or remove subordinates in such department or office. No
City. He shall be appointed by the affirmative vote of at least a department head sha. i. be appointed or removed until the City Ad.
majority of the members of the City Council and shall serve at the ministrator shall first have reviewed such appointment or removal
pleasure of the City Council, provided, however, that he shall not , with the City Council and received its approval for such appointment
be removed from office except as provided in this Charter. He shall or removal.
be chosen on the basis of his executive and administrative qualifi-
cations, with special reference to his actual experience in, and his (b) Prepare the budget annually, submit it to the City Council,
knowledge of,accepted practice in respect to the duties of his office and be responsible for its administration after its adoption.
as herein set forth. (c) Prepare and submit to the City Council as of the end of
Section 601. RESIDENCE. The City Administrator need not be each fiscal year, a complete report on the finances of the City for
a resident of the City at the time of his appointment, but he shall the.preceding fiscal year, and annually or more frequently, a current
establish his residence within the City within ninety days after his report of the principal administrative activities of the City. .
appointment, unless such period is extended by the City Council,
and thereafter maintain his residence within the City during his (d) Keep the City Council advised of the financial condition
and future needs of the City and make such recommendations as may
tenure of office. to him seem desirable.
Section 602. ELIGIBILITY. No person shall be eligible to
receive appointment as City Administrator or Acting City Adminis- Establish a centralized purchasing system for all City
officeess
trator while serving as a member of the City Council nor within one , departments and agencies.
year after he has ceased to be a member of the City Council. (f) Prepare rules and regulations governing the contracting for,
purchasing, inspection, storing, inventory, distribution and disposal
Section 603. COMPENSATION AND BOND. The City Adminis- of all supplies, materials and equipment re uired b an office
trator shall be paid a salary commensurate with his responsibilitiesq Y Y ,
as chief administrative officer of the City, which salary shall be department or agency of the City government and recommend them to
established b ordinance or resolution.The City Administrator shall the City Council for adoption by ordinance, and administer and en®
Y Y force the same after adoption.
furnish a corporate surety bond conditioned upon the faithful per-
formance of his duties in such form and in such amount as may be (g) Supervise the enforcement of the laws of the State pertain-
determined by the City Council; the premium on such bond shall be ing to the City, the provisions of this Charter and the ordinances,
paid by the City. franchises and rights of the City.
Section 604. POWERS AND DUTIES. The City Administrator (h) Subject to policy established by the City Council, exercise
shall be the chief administrative officer and head of the administra- control of all administrative offices and departments of the City and
tive branch of the City Government. Except as otherwise provided of all appointive officers and employees except those directly sp-
in this Charter, he shall be responsible to the City Council for the I pointed by the City Council and prescribe such general. rules and
proper administration of all affairs of the City. Without limiting the ! regulations as he may deem necessary or proper )r the general
foregoing general grant of powers, responsibilities and duties, sub- conduct of the administrative offices and departments of the City
ject to the provisions of this Charter, including the personnel pro- under his jurisdiction.
visions thereof, the City Administrator shall have power and be (i) perform such ether duties consistent with this Charter as
required to: may be required of him by the City Council.
(a) Appoint, and he may promote, demote, suspend or remove, r Section 605.. MEETINGS. The City Administrator shall be
all department heads, officers and employees of the City except j accorded a seat at all meetings of the City Council and of all boards
12 1, and commissions and shall be entitled to participate in their de-
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liberations, but shall not have a vote. He shall receive notice of all one of the other officers or de pa heads of the City to serve
special meetings of the City Council, and of all boards and com- p
missions. He shall attend all meetings of the City Council, unless as Acting City Administrator during any temporary absence or dis-
excused, except when his removal is under consideration. ability of the City Administrator. If he fails to make such appoint-
ment, the City Council may appoint an officer or department head to
Section 606. REMOVAL. The City Administrator shall not be serve as such Acti g City Administrator during any such absence
removed from office during or within a period of ninety days next or disability. -
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 i
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
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
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 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 adminis-
trative 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 Adminis,
trator, either publicly or privately.
Section 608. ACTING CITY ADMINISTRATOR. The City Ad-
ministrator shall appoint,subject to the approval of the City Council,
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ARTICLE VII ordinances and such state misdemeanors as the City has the power
OFFICERS AND EMPLOYEES to prosecute, unless otherwise provided b; the City Council.
(c) Represent and appear for the City ii. any or all actions or
Section 700. ENUMERATION. In addition to the City Council,a City Clerk, a City Treasurer, and City Administrator, the officers proceedings in which the City is concerned or is a party, and rep-
and employees of the City shall consist of a City Attorney, a Dir . resent and appear fe • any City officer or employee, or former City
-� officer or employee, in any or all civil actions or proceedings in
ector of Finance, a Director of Public Works, a Planning Director, which such officer o� employee is concerned or is a party for any
a Police Chief, a Fire Chief, and such ,other officers, assistants, � act arising out of nis employment or by reason of his official
deputies and employees as the City Council may provide by ordi- capacity.
nance or resolution.
Section 701. APPOINTMENT AND REMOVAL. All officers, (d) Attend all regular meetings of the City Council, unless
department heads and employees of the City, except elective of- excused, and give his advice or opinion orally or in writing when-
fices, shall be appointed and may be removed as elsewhere in this ever requested to do so by the City Council or by any of the boards
Charter provided. or officers of the City.
Section 702. ADMINISTRATIVE DEPARTMENTS. The Cit (e) Approve the form of all contracts made by and all bonds and
y insurance given to the City, endorsing his approval thereon in
Council may provide by ordinance or resolution not inconsistent writing.
with this Charter for the organization, conduct and operation of the
several offices and departments of the City as established by this (f) Prepare any and all proposed ordinances and City Council
Charter,for the creation of additional departments,divisions,offices resolutions and amendments thereto.
and agencies and for their consolidation, alteration or abolition. It (g) Devote such time to the duties of his office and at such
may further provide by ordinance or resolution for the assignment place as may be specified by the City Council.
and reassignment of functions, duties, offices and agencies to
offices and departments, and for the number, titles, qualifications, (h) Perform such legal functions and duties incident to the
powers, duties, and compensation of all officers and employees, execution of the foregoing powers as may be necessary.
consistent with this Charter. Each department so created shall be (i) Surrender to his successor all books, papers, files and
headed by an officer as department head. documents pertaining to the City's affairs.
When the positions are not incompatible, the City Council may
combine in one person the powers and duties of two or more offi- The City Council shall have control of all legal business and
cers, provided, however, that the same person shall not hold the proceedings and all property of the legal department, and may
positions of City Treasurer and Director of Finance. employ other attorneys to take charge of or may contract for any
prosecutions, litigation or other legal matters or business.
Section 703.CITY ATTORNEY. POWERS AND DUTIES. To be-
come and remain eligible for City Attorney the person elected or Section 704. CITY CLERK. POWERS AND DUTIES. The City
appointed shall be an attorney at law, duly licensed as such under Clerk shall have the power and shall be required to:
the laws of the State of California, and shall have been engaged in
the practice of law in this State for at least three years prior to his (a) Attend all meetings of the City Council, unless excused,
election or appointment. The City Attorney shall have the power and and be responsible for the recording and maintaiii.ag of a full and
may be required to: true record of all of the proceedings of the City Council in books
that shall bear appropriate title and be devoted to such purpose.
(a) Represent and advise the City Council and all City officers
in all matters of law pertaining to their offices. (b) Maintain separate books, in which shall be corded respec-
tively all ordinances and resolutions, with the certificate of the
(b) Prosecute on behalf of the people any or all criminal cases Clerk annexed to each.thereof stating the same to be the original or
arising from violation of the provisions of this Charter or of City
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a correct copy, and as to an ordinance requiring publication, stating Constitution and laws of the State governing the handling, deposit-
that the same has been published or posted in accordance with this ing and securing of public funds.
Charter. (c) Pay out moneys only on proper or,ors or warrants in the
(c) Maintain separate records of all written contracts and manner provided fog in this Charter.
official bonds. (d) Prepare ai ; submit to the Director of Finance monthly
(d) Keep all books and records in his possession properly written reports of 1 receipts, disbursements and fund balances,
indexed and open to public inspection when not in actual use. and, shall file copieF of such reports with the City Administrator and
ti City Council.
(e) Be the custodian of the seal of the City. 1+ %
(f) Administer oaths or affirmations, take affidavits and depo- (e) Perform such other duties consistent with this Charter as
sitions pertaining to the affairs and business of the City and certify may be required by ordinance or resolution of the City Council.
copies of official records. The City Treasurer may, subject to the approval of the City
Council, appoint such deputy or deputies to assist him or act for
(g) Be ex•officio Assessor, unless the City Council has availed him, at such salaries or compensation as the Council may by ordi-
itself, or does in the future avail itself, of the provisions of the nance or resolution prescribe.
general laws of the State relative to the assessment of property and
the collection of City taxes by county officers, or unless the City Section 706.DIRECTOR OF FINANCE.POWERS AND DUTIES.
Council by ordinance provides otherwise. To be eligible for appointment as Director of Finance, the person
(h) Have charge of all City elections. appointed shall have had at least six years of responsible financial
experience including at least four years in a public agency and shall
(i) Perform such other duties consistent with this Charter as have such other qualifications as may be required by the City
may be required by ordinance or resolution of the City Council. Council. The Director of Finance shall have the power and shall be
The City Clerk may, subject to the approval of the City Coun- required to:
cil, appoint such deputy or deputies to assist him or act for him, at (a)Have charge of the administration of the financial affairs of
such salaries or compensation as the Council may by ordinance or the City under the direction of the City Administrator, and be head
resolution prescribe. of the Finance Department of the City.
Section 705. CITY TREASURER. POWERS AND DUTIES. The (b) Assist the City Administrator in the preparation and execu-
City Treasurer shall have the power and shall be required to: tion of the budget.
(a) Receive on behalf of the City all taxes, assessments, (c) Establish and maintain a system of financial procedures,
license fees and other revenues of the City, or for the collection of accounts and controls for the City government and each of its
which the City is responsible, and receive all taxes or other money offices, departments and agencies.
receivable by the City from the County,State or Federal Govern-
ment, or from any court, or from any office, department or agency of (d) Supervise and be responsible for the disbursement of all
the City. moneys and have control of all expenditures to ir_sure that budget
r appropriations are not exceeded; audit all purchaee orders before
(b) Have and keep custody of all public funds belonging to or T, issuance; audit and approve before payment all ills, invoices,
under control of the City or any office, department or agency of the payrolls, demands or charges against the City government; with the
City government and deposit or cause to be deposited all funds advice of the City Attorney, when necessary, determine the regular-
coming into his hands in such depository as may be designated by ity, legality and correctness of such claims, demar. 3s or charges;
resolution of the City Council,or, if no such resolution be adopted, and draw warrants upon the City Treasurer' for all , laims and de-
then in such depository designated in writing by the City Adminis- mands audited and approved as in this Charter provided specifying
trator, and in compliance with all of the provisions of the State the purpose for which drawn and the fund from which payment is to
be made.
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TABLE OF CONTENTS
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 302. Rights of Officers and Employees Preserved
Section 303. Continuance of Present Officers and Employees
Section.304. Continuance of Contracts and Public Improvements
3 Section 305. Pending Actions and Proceedings
Section 306. Effective Date of Charter
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.Term:
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. Quorum. Proceedings
Section 510. Citizen Participation
Section 511. Adoption of Ordinances and Resolutions
Section 512. Ordinances. Enactment. Publican,)n
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 XI. RETIREMENT
ARTICLE VI. CITY ADMINISTRATOR Section 1100. State System
Section 600. City Administrator ARTICLE XII. FISCAL ADMINISTRATION
Section 601. Residence Section 1200. Fiscal Year
Section 602. Eligibility Section 1201. Annual Budget. Preparation by the City
Section 603. Compensation and Bond
Administrator
Section 604. ' Powers and Duties Section 1202. Budget. Submission to City Council
Section 605. Meetings Section 1203. Budget. Public Hearing
Section 606. Removal Section 1204. Budget. Further Consideration and Adoption
Section 607. Non•Interference with Administrative Service Section 1205. Budget. Appropriations
Section 608. Acting City Administrator Section 1206. Centralized Purchasing
ARTICLE VII. OFFICERS AND EMPLOYEES Section 1207. Tax Limits
Section 700. Enumeration Section 1208. Tax Procedure
Section 701. Appointment and Removal Section 1209. Bonded Debt Limit
Section 702. Administrative Departments Section 1210. Revenue Bonds
Section 703., City Attorney. Powers and Duties Section 1211. Contracts on Public Works
Section 704. City Clerk. Powers and Duties Section 1212. Contingency Fund
i Section 705. City Treasurer. Powers and Duties Section 1213. Capital Outlays Fund� Section 1214. Treasurer's De artmental Trust Fund
Section 706. Director of Finance. Powers and Duties Section 1215. Other Funds p
Section 707. City Engineer. Police Chief. Fire Chief Section 1216. Claims and Demands. Presentation
Section 708. Administering Oaths
Section 709. Illegal Contract. Financial Interest and Payment
Section 1217. Actions Against City
Section 710. Acceptance of Other Office
Section 711. Nepotism . Section 1218., Registering Warrants
Section 712. Official Bonds Section 1219. Independent Audit
Section 1220. Sale of Public Utility
ARTICLE VIII. APPOINTIVE BOARDS AND COMMISSIONS
Section 800. In General ARTICLE XIII. ELECTIONS
Section 801. Appropriations Section 1300. General Municipal Elections
Section 802. Appointments. Terms Section 1301. Special Municipal Elections
Section 1302. Procedure for Holding Elections
Section 803. Existing Boards Section 804. Meetings. Chairman Section 1303. Initiative Referendum and Recall
Section 805. Oaths. Affirmations ARTICLE XIV. FRANCHISES
Section 806. Planning Commission.Powers and Duties Section 1400. Granting of Franchises
Section 807. Library Board. Powers and Duties Section 1401. Resolution of Intention. Notice and Public
Section 808. Personnel Board. Powers and Duties Hearing
i Section 1402. Terms of Franchise
ARTICLE IX. BOARD OF EDUCATION Section 1403. Grant to be in Lieu of all Other Franchises
Section 900. State Law Governs
Section 901. Effect of Charter on District Section 1404. Eminent Domain
Section 1405. Duties of Grantees
Section 902. Effect of Charter on Board Section 1406. Exercising Rights Without Franchise
ARTICLE X. PERSONNEL SYSTEM
Section 1000. System to be Established
j C.
b.
CHARTER
ARTICLE XV. MISCELLANEOUS
Section 1500. Definitions We, the people of the City of Huntington -each, State of Cali.
Section 1501. Violations fornia, do ordain and establish this Charter a;; the organic law of
Section 1502. Validity` said City under the Constitution of said State.
ARTICLE I
NAME OF CITY
Section 100. NAME. The municipal corps-7ation now existing
and known as the.City of Huntington Beach s--all 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 a official seal which
may be changed from time to time by ordinance.. The present official
seal shall continue to be the official seal of t�_ City until changed
in the manner stated.
ARTICLE 11
BOUNDARIES
Section 200. BOUNDARIES. The boundaries of the City shall
be the boundaries as established at the tirn? this Charter take
effect, and as such boundaries may be changed thereafter from time
' to time in the manner authorized by law.
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ARTICLE III
SUCCESSION
Section 300. RIGHTS AND LIABILITIES. The City of Hunting-
ton Beach shall.continue to own, possess and -ontrol all rights and
property of every kind and nature owned, possessed or controlled by
it at the time this Charter takes effect and :7all continue to be
subject to all its debts, obligations, liabilities and contracts.
Section 301. ORDINANCES CONTINUED I EFFECT. All law-
ful ordinances, resolutions, rules and regul-ations, and portions
thereof, in force at the time this Charter tak s effect and not in
conflict or inconsistent herewith,are hereby continued in force until
the same shall have been duly repealed,amende3, changed or super-
seded by proper authority.
Section 302. RIGHTS OF OFFICERS AND EMPLOYEES PRE-
SERVED. Nothing in this Charter containe- . unless otherwise
b specifically provided therein, shall affect or impair the personnel,
pension or retirement rights or privileges of officers or employees
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d.
e
of the City, or of any office, department or agency thereof, existing ARTICLE IV
at the time this Charter takes effect. POWERS OF CI TI
Section 303. CONTINUANCE OF PRESENT OFFICERS AND Section 400.PO!yERS OF CITY. The City shall have the power
EMPLOYEES. The present officers and employees of the City shall to make and.enforce Ell laws and re ul p
continue without interruption to perform the duties of their respec- affairs, subject only ,o such restrictions and limitationspestto municipal
tive offices and employments upon the same terms and conditions provided in this Charter or in the Constitution of the State of Cali-
and for the compensation provided by the existing ordinances, , , fornia. It shall also have the power to exercise any and all rights,resolutions, rules or laws, but subject to such removal, amendment privileges and powers includingrwers, heretofore r
and control as is provided or permitted in this Charter, and, as to j hereafter established, granted or prescribed proprietary
any law of the State,
offices which are changed, abolished or superseded by this Charter, b P _ y
until the election or appointment and qualification of their respec- corporation might or could other
exercise u lawful nder authority-
until or which a municipal
tive successors under this Charter. Each elective officer whose der the Constitution of the
State of California, subject to such restrictions and limitations as
office is made appointive under this Charter shall continue to hold may be contained in this Charter.
such office subject to the provisions of this Charter, but his retire- .
ment status,rights or privileges shall not be deemed to be changed, The enumeration in this Charter of any particular power shall
altered or affected in any way by the adoption of this Charter so not be held to be exclusive of,or any limitation upon,the generality
long as he holds such office. of the foregoing provisions.
Section 304. CONTINUANCE OF CONTRACTS AND PUBLIC and may
401. PROCEDURES. The City shall have the power to
IMPROVEMENTS. All contracts entered into by the City or for its y act pursuant to any procedure established by any law of
benefit prior to the effective date of this Charter and then in effect, the State, unless a different procedure is required by this Charter.
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 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, f
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.
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a
ARTICLE V
CITY COUNCIL AND ELECTIVE OFFICERS Section 502. COMPENSATION. The members of the City Coun-
Section 500. CITY COUNCIL, ATTORNEY, CLERK AND cil including the Mayor shall receive as compensation for their
TREASURER. TERMS. The elective officers of the City shall con- services as such a monthly salary in the ,um of One Hundred
sist of a City Council of seven members, a City Clerk, a City Seventy-Five Dollars per month. In addition, each member of the
Treasurer and a City-Attorney, all to be elected from the City at City Council shall receive reimbursement on order of the City
large at the times and in the manner provided in this Charter and Council for Council ;-ithorized traveling and other expenses when
on official duty upon submission of itemized expense account there-
who shall serve for terms of four years and until their respective for.In addition,members shall receive such reasonable and adequate
successors qualify. amount as may be established by ordinance, which amount shall be
Subject to the provisions of this Charter, the five members of deemed to be reimbursement to them of other routine and ordinary
the City Council in office at the time this Charter takes effect shall' i expenses, losses and costs imposed upon them by virtue of their
continue in office until the expiration of their respective terms anc serving as City Councilmen.
until their successors are elected and qualified,and shall constitute The City Clerk and City Treasurer shall each receive a com-
the City Council until two additional members are elected as here- pensation for their services as such to be fixed by ordinance, which
inafter provided. Four members of the City Council shall be elected compensation for such services shall.not be increased or diminished
at the general municipal election held in .April, 1966, and each after their election or during their respective terms of office.
fourth year thereafter. Three members of the City Council shall be
elected at the general municipal election held in April, 1968,and Section 53. VACANCIES. A vacancy in the City Council, or
0
each fourth year thereafter. City Clerk, City Treasurer or City Attorney, from whatever cause
arising, shall be filled by appointment.by the City Council, such
In the event this Charter shall not take effect in time to elect appointee to hold office until the first Tuesday following the next
four members of the City Council at the general municipal election general municipal election and until his successor qualifies. At the
held in April, 1966, and only two members of the City Council are next general municipal election following any vacancy, a successor
then elected, a special election shall be called and held not less shall be elected to serve for the remainder of any unexpired term, if
than 60 nor more than 90 days after the effective date of this Charter any. As used in this paragraph, the next general municipal election
to elect two additional members of the City Council for the remainder shall mean the. next such election at which it is possible to place
of the terms expiring in April, 1970. the matter on the ballot and elect a successor.
Subject to the provisions of this Charter, the City Clerk, City If a member of the City Council absents himself from all regular
Treasurer and City Attorney in office at the time this Charter takes meetings of the City Council for a period of thirty days consecutive-
effect shall continue in office until the expiration of their respective ly from and 'after the last regular City Council meeting attended by
terms and the qualification of their successors. A City Clerk and such member, unless by permission of the City Council expressed
City Treasurer shall be elected at the general municipal election in its official minutes, or is convicted of a crime involving moral
held in April, 1968,and each fourth year thereafter. A City Attorney turpitude, or ceases to be an elector of the City, his office shall
shall be elected in April, 1966, and each fourth year thereafter. become vacant.The City Council shall declare the existence of any
The term of each member of the City Council, the City Clerk, such vacancy.
the City Treasurer and the City Attorney shall commence on the In the event it shall fail to fill a vacancy by appointment with
first Tuesday following his election. Ties in voting among candi- in sixty days after such office shall become vacant, the City Coun-
dates for office shall be settled by the casting of lots. cil shall forthwith cause an election to be held to fill such vacancy
Section 501. ELIGIBILITY. No person shall be eligible to hold for the remainder of the unexpired term.
office as a member of the City Council,City Attorney, City Clerk or Section 504. PRESIDING OFFICER. On the first Tuesday
City Treasurer unless he is and shall have been a resident and following any general or special municipal election at which any
registered voter of the City for at least two years next preceding Councilman is elected, and at any time when there is a vacancy in
the date of his election or appointment. the office of Mayor, the City Council shall meet and shall elect one
4 j' 5
of its members as its presiding officer, who shall have the title of Section 508. PLACE OF MEETINGS. All meetings shall be
Mayor. The Mayor may make and second motions and shall have a held in the. Council Chambers of the City or in such place within
voice and vote in all its proceedings. He shall be the official head the .City to which any such meeting may be adjourned, and shall be
of the City for all ceremonial purposes. He shall have the primary open to the public.If, by reason of fire, flood or other emergency, it
but not the exclusive responsibility for interpreting the policies, shall be unsafe to meet in the place designated, the meetings may
programs and needs of the City government to the people, and as be held for the duratlan of the.emergency at such place within the
occasion requires, he may inform the people of any major change in City as is designated by the. Mayor, or, if he should fail to act, by
policy or program. He shall perform such other duties consistent a majority of the mem?ers of the City Council.
with his office as may be prescribed by this Charter or as may be Section 509. QUORUM. PROCEEDINGS. A majority of the
imposed by the City Council.The Mayor shall serve in such capacity members of the City Council shall constitute a quorum to do busi-
at the pleasure of the City Council. ness but a lesser number may adjourn from time to time. In the
The City Council shall also designate one of its members as absence of all the members of the City Council from any regular
Mayor Pro Tempore,who shall serve in such capacity at the pleasure meeting or adjourned regular meeting, the City Clerk may declare
of the City Council. The Mayor Pro Tempore shall perform the duties the same adjourned to a stated day and hour. The City Clerk shall
of the Mayor during his absence or disability.
cause written notice of a meeting adjourned by less than a quorum
Section 505.POWERS VESTED IN CITY COUNCIL. All powers 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
of the City shall be vested in the City Council except as otherwise meeting is adjourned, or such notice may be dispensed with in the
provided in this Charter. same manner as specified in this Charter for dispensing with notice
Section 506. REGULAR MEETINGS. The City Council shall of special meetings of the City Council. The City Council shall
hold regular meetings at least twice each month at such times as it judge the qualification of its members as set forth by the Charter.
shall fix by ordinance or resolution and may adjourn or re-adjourn It shall judge all election returns. It may establish rules for the
any regular meeting to a date and hour certain which shall be speci- conduct of .its proceedings and evict or prosecute any member or
fied in the order of adjournment and when so adjourned each ad- other person for disorderly conduct at any of its meetings.
journed meeting shall be a regular meeting for all purposes. If the Each member of the City Council shall have the power to
hour to which a meeting is adjourned is not stated in the order of administer oaths and affirmations in any investigation or proceed.
adjournment, such meeting shall be held at the hour for holding ing pending before the City''Council,. The,
City Council shall have
regular meetings. If at any time any regular meeting falls on a the power- and authority to compel the attendance of witnesses, to
holiday such regular meeting shall be held on the next business day. examine them under oath and to compel the production of evidence
Section 507. SPECIAL MEETINGS. A special meeting may be before it. Subpoenas shall be issued in the name of the City and be
called at any time by the Mayor, or by a majority of the members of attested by the City Clerk. They shall be served and complied with
the City Council, by written notice to each member of the City in the same manner as subpoenas in civil actions. Disobedience of
Council and to each local newspaper of general circulation, radio or such subpoenas, or the refusal to testify (upon other than consti-
tutional Such notice must be
television station requesting notice in wri tutional grounds), shall constitute a misdemeanor, and shall be
delivered personally or by mail at least twenty-four hours before the punishable in the same manner as violations of this Charter are
time of such meeting as specified in the notice. The call and notice r , punishable.
shall specify the time and place of the special meeting and the Upon adoption of any ordinance, resolution, or order for payment
business to be transacted.No other business shall be considered at of money, or upon the demand of-any member, th
e City Clerk shall
such meeting. Such written notice may be dispensed with as to any call the roll and shall cause the ayes and noes taken on the question
person entitled thereto who, at or prior to the time the meeting r to be entered in the minutes of the meeting.
convenes, files with the City Clerk a written waiver of notice. Such
waiver may be given by telegram. Such written notice may also be Section 510. CITIZEN PARTICIPATION. All regular and
dispensed with as to any person who is actually present at the y special meetings of the City Council shall be open and public and
meeting at the time it convenes.
6 7
all persons shall be permitted to attend such meetings, except that Section 512. ORDINANCES. ENACTMENT. PUBLICATION. In
the provisions of this Section shall not apply to executive sessions addition to such other acts of the City Council as are required by
to consider the appointment, employment, discipline or dismissal of this Charter to be taken by ordinance, every act of the City Council
a public officer or employee or to hear complaints or charges brought establishing a fine or other penalty, of grant_-lg a franchise, shall
against any such officer or employee. No resident or property owner be by ordinance.
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 The enacting cl< use of all ordinances shall be substantially as
may be authorized or adopted by ordinance. A discussion with the follows: "The City Council of the City of Huntington Beach does
City Attorney relating to pending or threatened litigation shall not ordain as follows: .
be considered to be a regular or special meeting within the meaning The City Clerk shall cause each ordinance to be, published at
of this section. least once in the official newspaper within fifteen days after its
adoption. In the event the publication of any ordinance shall not be
Section 511. ADOPTION OF ORDINANCES. AND RESOLU-
made within said period of fifteen days hereinabove designated,said
TIONS. With the sole exception of emergency ordinances which take
ordinance shall not be rendered null and void.
effect upon adoption, referred to in this Article, no ordinance shall
be adopted by the City Council on the day of its introduction, nor Section 513. CODIFICATION OF ORDINANCES. Any or all
within five days thereafter nor at any time other than at a regular or ordinances of the City which have been enacted and published
adjourned regular meeting. At the time of its introduction an ordi- in the manner required at the time of their adoption, and which have
nance shall become a part of the proceedings of such meeting in the not been repealed, maybe compiled, consolidated, revised, indexed
custody of the City Clerk. At the time of introduction or adoption of and arranged as a comprehensive ordinance code, and such code may
an ordinance or resolution it shall be read in full, unless after the be adopted by reference, with the same effect as an ordinance, by
reading of the title thereof, the further reading thereof is waived by the passage of an ordinance for such purpose. Such code need not
unanimous consent of the Councilmen present,except that emergency be published in the manner required for other ordinances, but not
ordinances shall be read in full. In the event that any ordinance is less than three copies thereof shall be filed for use and examination
altered after its introduction, the same shall not be finally adopted by the public in the office of the City Clerk prior to the adoption
except at a regular or adjourned regular meeting held not less than thereof. Ordinances codified shall be repealed as of the effective
five days after the date upon which such ordinance was so altered. date of the code. Amendments to the code shall be enacted by ordi-
The correction of typographical or clerical errors shall not consti- nance.
tute the making of an alteration within the meaning of the foregoing Detailed regulations pertaining to any subject, such as the
sentence. construction of buildings, plumbing and wiring, and fire regulations,
No order for the payment of money shall be adopted or made at arranged as a comprehensive code, may likewise be .adopted by
any other than a regular or adjourned regular meeting. reference in the manner provided in this Section. Maps, charts and
diagrams also may be adopted by reference in the same manner.
Unless a higher vote is required by other provisions of this
Charter, the affirmative votes of at least four members of the City Section 514. ORDINANCES. WHEN EFFECTIVE. Every ordin-
Council shall be required for the enactment of any ordinance or ance shall become effective thirty days from and after the date of
resolution, or for, the making or approving of any order for the pay- its adoption, except the following, which shall take effect upon
ment of money. All ordinances and resolutions shall be signed by adoption:
the Mayor and attested by the City Clerk. { (a) An ordinance calling or otherwise relating to an election;
Any ordinance declared by the City Council to be necessary as (b) An improvement proceeding ordinance adopted under some
an emergency measure for the immediate preservation of the public special law or procedural ordinance relating thereto-
peace, health or safety, and containing a statement of the reasons g
for its urgency, may be introduced and adopted at one and the saine 4 (c)An ordinance declaring the amount of money necessary to be
meeting if passed by at least five affirmative votes. I raised by taxation, or fixing the rate of property taxation, or levying
r the annual tax upon property;
i
8 9
(e) Supervise and be responsible for the receipt and collection of stock in such corporation,unless said stock owned by him shall
of all taxes, assessments, license fees and other revenues of the amount to at least three percent of all the stock of such corporation
City, or for the collection of which the City is responsible, and all issued and outstanding.No City Councilman rr member of any board
other money receivable by the City from the County, State or Feder- or commission shall vote on or participate in any contract or trans
al Government, or from any court, office, department or agency of action in which he has directly or indirectly a financial interest
the City. whether as a stock older of the corporation or u:herwise. If any
officer, or employee; or member of any board or commission, during
(f) Submit to the City Council through the City Administrator a the term for which }:e was elected or appointed, shall so vote or
monthly statement of all revenues and expenditures in sufficient participate, or shall have a financial interest as aforesaid, upon
detail to show the exact financial condition of the City; and, as of conviction thereof, he shall forfeit his office.
the end of each fiscal year, submit a complete financial statement
• Section 710.ACCEPTANCE OF OTHER OFFICE.Any elective
and report. officer of the City who shall accept or retain any other elective
(g) Supervise the keeping of current inventories of all property public office, except as provided in this Charter, shall be deemed
of the City by all City departments, offices and agencies. thereby to have vacated his office under the City government.
(h) Perform such other duties consistent with this Charter as Section 711. NEPOTISM. The City Council shall not appoint to
may be required of him. a salaried position under the City government any person who is a
Section 707. DIRECTOR OF PUBLIC WORKS. PLANNING relative by blood or marriage within the third degree of any one or
DIRECTOR. POLICE CHIEF. FIRE CHIEF. The Director of Public more of the members of such City Council, nor shall the City Ad-
Works, the Planning Director, the Police Chief and the Fire Chief ministratoror anydepartment head or other officer having appointive
shall be the heads of their respective departments, and these power appoint any relative of his or of any Councilman within such
departments shall continue and remain separate departments. degree to any such position.
Section 712. OFFICIAL BONDS. The City Council shall fix by
Section 708. ADMINISTERING OATHS. Each department head ordinance or resolution the amounts and terms of the official bonds
and his deputies shall have the power to administer oaths and
affirmations in connection with any official business pertaining to of all officials or employees who are required by this Charter or by
ordinance to give such bonds. All bonds shall be executed by
his department. responsible corporate surety, shall be approved as to form by the
Section 709. ILLEGAL CONTRACT. FINANCIAL INTEREST. City Attorney, and shall be filed with the City Clerk. Premiums on
No member of the City Council shall have a financial interest, ; official bonds shall be paid by the City. A blanket bond may be
directly or indirectly, in any contract, sale or transaction to which used if it provides the same protection as the required separate
the City is a party and neither shall any officer or employee, or . bonds would provide.
member of any board or commission, have an interest in any con-
tract, sale or transaction to which the City is a party and which In all cases wherein an employee of the City is required to
comes before said officer or employee, or member of any _board or � furnish a faithful performance bond, there shall be no personal
liability upon, or any right to recover against, his superior officer
commission, or the department or office of the City with which he
or other officer or employee, or the bond of the latter, unless such
is connected, for official action. superior officer, or other officer or employee is a party to the act
Any such contract or transaction in which there shall be such or omission, or has conspired in the wrongful aCL directly or in-
an interest shall become void at the election of the City, when so directly causing the loss.
declared by resolution of the City Council.
No member of the City Council, City official or employee, or
member of any board or commission, shall be deemed to have a
financial interest, within the meaning of the foregoing provisions,
in any contract made with a corporation by reason of the ownership I
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i
ARTICLE Vill serve as presiding officer at the pleasure of the board or com-
APPOINTIVE BOARDS AND COMMISSIONS mission.All meetings of said boards and commissions shall be open
Section 800. IN GENERAL.There shall be the following named to the public and all persons shall be pc-mitted to attend such
advisory boards and commissions which shall have the powers and meetings, except that the provisions of this sentence shall not
duties herein stated. In addition, the City Council may create by apply to executive sessions to consider the appointment, employ-
ordinance such additional advisory boards or commissions as in its ment, discipline or 'ismissal of a public officer of employee or to
judgment are required, and may specify the number of members
hear complaints or charges against any such officer or employee.
thereof, their terms and manner of appointment, and may grant to The City Administrator shall designate a secretary for each of
them such powers and duties as are consistent with the provisions such boards and commissions who need not be a member of such
of this Charter. board and commission, and who shall keep a record of its pro-
Section 801. APPROPRIATIONS. The City Council shall ins- ceedings and transactions.Each board or commission may prescribe
clude in its annual budget such appropriations of funds as in its its own rules and regulations, which shall be consistent with this
opinion shall be sufficient for the efficient and proper functioning of Charter and shall be subject to the approval of the City Council.
such boards and commissions. 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 802. APPOINTMENTS. TERMS. The members of each Section 805. OATHS. AFFIRMATIONS. Each member of any
of the boards or commissions hereinafter named in this Article-shall such board or commission, and the secretary thereof, shall have the
be appointed by the City Council from the registered voters of the power to administer oaths and affirmations in any investigation or
City, none of whom shall hold any full time paid office or employ- proceeding pending before such board or commission.
ment in the City government. They shall be subject to removal by
motion of the City Council adopted by the affirmative votes of a Section 806.PLANNING COMMISSION. POWERS AND DUTIES.
majority of the total membership thereof. The members thereof shall There shall be a Planning Commission consisting of seven members
serve for terms of four years and until their respective 'successors who shall have been residents of the City for at least two years
are appointed and qualified. The terms shall be staggered so that immediately preceding their appointment. The City Attorney and
the number of terms on any such board or commission expiring in Director of Public Works, or their assistants, shall attend all
any year shall not differ by more than one from the number of terms meetings of the Planning Commission unless excused therefrom.
expiring in any other year.Such terms shall expire on June Thirtieth The Planning Commission shall have the power and be required to:
of the appropriate year. A vacancy occurring before the expiration
of a term shall be filled by appointment for the remainder of the (a) Recommend to the City Council after a public hearing there
unexpired term. on, the adoption, amendment or repeal of a Master or General Plan,
or any part thereof, for guidance in the physical development of the
Section 803. EXISTING BOARDS. The members of the boards City.
and commissions holding office when this Charter takes effect shall (b) Exercise such functions with respect to land subdivisions
continue to hold office thereafter until their respective terms of as shall be provided by ordinance not inconsistent with the pro-
office shall expire and until their successors shall be appointed and visions of this Charter.
qualified. If the membership of any board or commission is reduced
or increased by this Charter, the members to be added or eliminated (c) Exercise such functions with respect to . ��ning, building,
land use, precise plans, specific plans, and relateo matters as may
shall be determined by the City Council. The terms of the members
be prescribed by ordinance not inconsistent with the provisions of
of any existing board or commission shall be adjusted,if necessary,
this Charter.
to comply with the provisions of this Charter.
Section 804. MEETINGS. CHAIRMAN. As soon as practicable, (d) Perform such other functions not inconsi ;tent with this
following the first day of July of every year, each of such boards Charter as may be delegated to it by the City Council.
and commissions shall organize by electing one of its members to Section 807. LIBRARY BOARD. POWERS AND DUTIES. There
22 23
i
(c) Make any investigation upon request of the City Council
shall be a Library Board consisting of five members which shall concerning the administration of personnel in the municipal service
have the power and duty to: and report its findings to the City Council and City Administrator.
(a) Make recommendations to the City Council for the operation (d)Hear appeals of any officer or employee under the Personnel
and conduct of City libraries. System who is sus)ended for a period of more than thirty days,
(b) Recommend to the City Council rules and regulations and demoted or removed and report in writing to the appointing power
bylaws for the administration and protection of City libraries. and City Council, is findings, conclusions and recommendations.
(c)Recommend to the City Council the duties and qualifications (e) Exercise such functions with respect to personnel or the
of the librarian and other officers and employees of the libraries. Personnel System, not inconsistent herewith, as may be prescribed
(d) Make recommendations concerning the acquisition of books, by ordinance or requested by the City Council.
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 purposes.
(f) Make recommendations concerning the borrowing of library
materials from and lendirfg 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
I
to the City Council on the condition of the libraries for the preced-
ing fiscal year and on such other matters deemed expedient by the
Library Board.
(i) Exercise such other functions not inconsistent with this
Charter as may be prescribed by ordinance.
Section 808. PERSONNEL BOARD. POWERS 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 appointment to any salaried office or em-
ployment 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.
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ARTICLE IX ARTICLE X
EOARO °OF EDUCATION PERSONNEL SYSTEM
Section 1000. SYSTEM TO BE ESTABL:gHED. The City Coun-
Section 900. STATE LAW GOVERNS. The manner in which, cil shall, within six months of the effective dare of this charter, by
the times at which, and the terms for which the members of the ordinance establis; a comprehensive personnel system for the
Board of Education shall be elected or appointed, their qualifica- selection, employr,.ant, classification, advancement, demotion,
tions, compensation and removal and the number which shall con- suspension, discharge and handling of grievances of those ap-
titute such board shall be as now or hereafter prescribed by the pointive officers ana employees who shall be included in the sys-
Education Code of the State of California, provided that the number tem. The system shall consist of the establishment of minimum
of members which shall constitute such board shall be five unless standards of employment and qualifications for the various classes
and until said number shall be changed by or pursuant to the terms of employment and procedures to be followed in advancement,
of said Education Code. demotion, suspension and discharge of employees included within
Section 901. EFFECT OF CHARTER ON DISTRICT. The
the system, as the City Council shall determine to be for the best
. interests of the public service. The ordinance shall designate the
adoption of this Charter shall not have the effect of creating any departments and the appointive officers and employees who shall
new school district nor shall the adoption of this Charter have any be included within the system. By subsequent ordinances the City
effect upon the existence or boundaries of any present school dis- Council may amend the system or the list of departments and ap-
trict within the City or of which the City comprises a part, but each
such present school district shall continue in existence subject to pointive officers and employees included within the system, pro-
the provisions of the laws of the State of California as the same now vided, however, that once included within the system, no depart-
ment, officer or employee shall be withdrawn therefrom (unless the
exist or hereafter may exist. department, office or position is actually abolished or eliminated)
Section 902. EFFECT OF CHARTER ON BOARD. The five without the approval of such withdrawal at a regular or special
members of the Board of Education in office on the effective date of election by a majority of the voters voting on such proposition. The
this Charter shall continue as such until the expiration of their system shall comply with all other provisions of this Charter.
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
notmore than one year so that hereafter the terms of the members of ARTICLE XI
said Board shall comply with said Education Code. 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. Th, 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.
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26
ARTICLE XII the post audit function and a furthe
r copy shall be placed, and
FISCAL ADMINISTRATION shall remain on file, in the office of the C:+y Clerk where it shall
Section 1200. FISCAL YEAR. The fiscal year of the City be available for public inspection. The budget ..o certified shall be
government shall begin on the first day of July of each year and end reproduced and copies made available for the use of the public and
of departments, office, and agencies of the City.
on the thirtieth day of June of the following year.
Section 1201. ANNUAL BUDGET, PREPARATION BY THE Section 1205.BUD GET.APPROPRIATIONS. From the effective
CITY ADMINISTRATOR. At such date as the City Administrator
date of the budget, the several amounts stated therein as proposed
ro
shall determine, each board or commissionexpenditures shall be and become appropriated to the several
and each department
head shall furnish to the City Administrator, personally, or through departments, .offices and agencies for the respective objects and
the Director of Finance, estimates of revenue and expenditures for Purposes therein named, provided, however, that the City Adminis-
his department or for such board or commission for the ensuing trator may transfer funds from one object or purpose to another with-
fiscal year, detailed in such manner as may be prescribed by the in the same department, office or agency. All appropriations shall
lapse at the end of the fiscal year to the extent that they shall not
City Administrator. In preparing the proposed budget, the City
Administrator shall review the estimates, hold conferences thereon have been expended or lawfully encumbered.
with the respective department heads, boards or commissions as At any public meeting after the adoption of the budget,the City
necessary, and may revise the estimates as he may deem advisable. j Council may amend or supplement the budget by motion adopted by
the affirmative votes of at least a majority of the total members of
Section 1202. BUDGET. SUBMISSION TO CITY COUNCIL. At the City Council.
least thirty days prior to the beginning of each fiscal year, the City
Section 1206.CENTRALIZED PURCHASING.Under the control
Administrator shall submit to the City Council the proposed budget as prepared by him.After reviewing same and making such revisions 1, and direction of the CityAdministrator there shall be established a
as it may deem advisable,the City Council shall determine the time j centralized purchasing system for all City departments and agen-
for the holding of a public hearing thereon and shall cause to be cies, except as otherwise provided in this Charter. The City Ad-
published a notice thereof not less than ten days prior to said hear- ministrator shall recommend and the City Council shall consider and
ing, by at least one insertion in the official newspaper. Copies of adopt by ordinance, rules and regulations governing the contracting
for, purchasing, storing, and distribution of all supplies, materials
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 hear- and equipment required by any office, department or agency of the
City government.
ing.
Section 1203. BUDGET. PUBLIC HEARING. At the time so Section 1207. TAX LIMITS.
advertised or at any time to which such public hearing shall from (a)The City Council shall not levy a property tax for municipal
time to time be adjourned, the City Council shall hold a public purposes in excess of One Dollar annually on each One Hundred
hearing on the proposed budget, at which interested persons desir- Dollars of the assessed value of taxable property in the City, ex-
ing to be heard shall be given such opportunity. i cept as otherwise provided in this Section, unless authorized by
Section 1204. BUDGET. FURTHER CONSIDERATION AND the affirmative votes .of a majority of the electors voting on a
ADOPTION. At the conclusion of the public hearing the City Coun- proposition to increase such levy at any election at which the
cil shall further consider the proposed budget and make any re- question of such additional levy for municipal purpose is submitted
visions thereof that it may deem advisable and on or before June 30 to the electors. The number of years that such additional levy is to
it shall adopt the budget with revisions, if any, by the affirmative be made shall be .specified in such proposition.
votes of at least a majority of the total members of the Council. (b) There shall be levied and collected at the same time and in
Upon final adoption, the budget shall be in effect for the ensuing the same manner as other property taxes for municipal purposes are
fiscal year. Copies thereof, certified by the City Clerk, shall be levied and collected, as additional taxes not subject to the above
filed with .the City Administrator, Director of Finance, City limitation, if no other provision for payment thereof is made,:
Treasurer, and the person retained by the City Council to perform
28 29
Section 1210.REVENUE BONDS. Bonds which are payable only
1. A tax sufficient to meet all liabilities of the City of out of such revenues, other than taxes, as may be specified in such
principal and interest of all bonds and judgments due and unpaid,or bonds, may be issued when the City Coun` by ordinance shall
to become due during the ensuing fiscal year, which constitute have established a procedure for the issuance o: such bonds. Such
general obligations of the City; and bonds, payable only out of revenues, shall not constitute an in-
2. A tax sufficient to meet all obligations of the City under debtedness or general obligation of the City. No such bonds pay-
the State Employees' Retirement System, the Federal Insurance able out of revenues shall be issued without the assent of a majority
Contributions Act, or other plan, for the retirement of City Employ- of the voters voting upon the proposition for issuing the same at an
ees,due and unpaid or to become due during the ensuing fiscal year. election at which such proposition shall have been duly submitted
(c) Special levies, in addition to the above and not subject to to the registered voters of the City.
the above limitation, may be made annually, based on City Council It shall be competent for the City to make contracts and cov-
approved estimates, for the following specific purposes, but not to enants for the benefit of the holders of any such bonds payable only
exceed the following respective limits for those purposes for which from revenues and which shall not constitute a general obligation
limits are herein set forth,to wit:parks and recreation not to exceed j of the City for the establishment of a fund or funds, for the main-
$0.20 per One Hundred Dollars; libraries not to exceed $0.15 per { taining of adequate rates or charges, for restrictions upon further
One Hundred Dollars; advertising, music and promotion not to ex- indebtedness payable out of the same fund or revenues, for restric-
ceed $0.05 per One Hundred Dollars; civil defense and disaster tions upon transfer out of such fund, and other appropriate coven-
preparedness not to exceed $0.03 per One Hundred Dollars; and for ants. Money placed in any such special fund for the payment of
public museums of natural and historical objects not to exceed i principal and/or interest on any issue of such bonds or to assure
$0.02 per One Hundred'Dollars. The proceeds of any such special the application thereof to a specific purpose shall not be expended
levy shall be used for no other purpose than that specified. for any other purpose whatever except for the purpose for which such
special funds was established and shall be deemed segregated from
Section 1208. TAX PROCEDURE. The procedure for the as- ; all other funds of the City and reserved exclusively for the purpose
sessment, levy and collection of taxes upon property, taxable for forwhich such special fund was established until the purpose of its
municipal purposes, shall be prescribed by ordinance of the City establishment shall have been fully accomplished.
Council.
If the City Council fails to fix the rate and levy taxes on or j Section 1211. CONTRACTS ON PUBLIC WORKS. Except as
before August 31 in any year, the rate for the next preceding fiscal .
hereinafter expressly provided, every contract involving an expend-
year shall thereupon be automatically adopted and a tax at such iture of more than Two Thousand Five Hundred Dollars ($2,500.00)
for the construction or improvement (excluding maintenance and
rate shall be deemed to have been levied on all taxable property in repair)of public buildings, works, streets, drains, sewers, utilities,
the City for the current fiscal year. parks and playgrounds, and each separate purchase of materials or
Section 1209. BONDED DEBT LIMIT. The City shall not incur supplies for the same, where the expenditure required for such
an indebtedness evidenced by general obligation bonds which shall purchase shall exceed the sum of Two Thousand Five Hundred
in the aggregate exceed the ,sum of fifteen percent of the total Dollars ($2,500.00), shall be let to the lowest responsible bidder
assessed valuation, for purposes of City taxation, of all the real after notice by publication in the official newspaper by two or more
and personal property within the City. insertions, the first of which shall be at least ten d-ivs before the
No bonded indebtedness which shall constitute a general ob- time for opening bids.
ligation of the City may be created unless authorized by the affirma- The City Council may reject any and all bids presented and
tive votes of two-thirds of the electors voting on such proposition may readvertise in its discretion. After rejecting bids, or if no bids
at any election at which the question is submitted to the electors are received, or without advertising for bids if the tot-il amount of
and unless in full compliance with the provisions of the State Con- the contract or project is less than Five Thousand Dollars
stitution and of this Charter. ($5,000.00), the City Council may declare and determine that in its
opinion, the work in question may be performed better or more
e
30 31
economical) b the City with its own employees, or that the the affirmative votes of a majority of the electors voting on the
materials or supplies may be purchased at a lower rice in the open ! proposition at any election at which such question is submitted. The
pp Y P p p City Council may transfer to any such fund 2,1y unencumbered sur-
market, and after the adoption of a resolution to this effect by the plus funds remaining on hand ih
affirmative votes of a majority of the total members of the City n the City at any time.
Council, it may proceed to have said work done or such materials Once created, such fund shall remain inviolate for the purpose
or supplies purchased in the manner stated without further observ- for which it was cre; ted; if for capital outlays generally, then for
ance of the provisions of this Section. Such contracts may be let any such purposes, and if for a special capital outlay, then for such
and such purchases made without advertising for bids if such work ! purpose only, unless the use of such fund for some other capital
or the purchase of such materials or supplies shall be deemed by outlay,purpose is authorized by the affirmative votes of a majority
the City Council to be of urgent necessity for the preservation of of the electors voting on such proposition at a general or special
life, health or property, and shall be authorized by the affirmative election at which such proposition is submitted.
votes of at least two-thirds of the total members of the City Council.
If the purpose for which any special capital outlay fund has
Projects for the extension, replacement or expansion of the been created has been accomplished, the City Council may
transfer
transmission or distribution system of any existing public utility any unexpended and unencumbered surplus remaining in such fund
operated by the City or for the purchase of supplies or equipment j to the fund for capital outlays generally, established b this Chart-
for any such project or any such utility may be excepted from the % er. Y
requirements of this Section by the affirmative vote of a majority of
the total members of the City Council. Section 1214. TREASURER'S DEPARTMENTAL TRUST
FUND. The City Council may prescribe by ordinance for the setting
Section 1212. CONTINGENCY FUND. The City Council may up of a Treasurer's Departmental Trust Fund into which the collec
maintain a revolving fund,to be known as the "Contingency Fund", i tions of or deposits with the police department, license collector,
for the purpose of placing the payment of the running expenses of building official and other officers and departments authorized to
the City on a cash basis. A balance may be built up in this fund j make collections or receive deposits may be deposited at frequent
from any available sources, other than funds which are by law or intervals each month, with advice of each deposit being furnished
this Charter restricted to a particular use, in an amount which the to the City.Treasurer and Director of Finance. The City Treasurer
City Council deems sufficient with which to meet all lawful de-
shall make withdrawals from such a fund only on order signed by
mands against the City for the first five months, or other necessary the Director of Finance and for the following purposes:
period, of the succeeding fiscal year prior to the receipt of suf. ;
ficient revenues. Transfers may be made by the City Council from ! (a) Making a refund of refundable deposits when such refund is
such fund to any other fund or funds of such sum or sums as may be legally due from the City.
required for the purpose of placing such funds, as nearly as pos- ! (b) Revolving fund advances authorized by the City Council.
sible, on a cash basis. All money so transferred from the Contin-
gency Fund shall be returned thereto before the end of the fiscal (c) Correction of clerical or ministerial errors in the receipt of
year.
payments to the City.
Section 1213. CAPITAL OUTLAYS FUND. A.fund for capital (d) Making settlements with City funds at the end of each
outlays generally is hereby created, to be known as the "Capital calendar month for collections or deposits accumulated during the
Outlays Fund" and to be a continuation of any existing Capital month.
Outlays Fund. The City Council may create by ordinance a special Section 1215. OTHER FUNDS. The City Council may establish
fund or funds for a special capital outlay purpose.The City Council by ordinance such other funds, not inconsistent with the provisions
may levy and collect taxes for capital outlays and may include in of this Charter, as it may consider appropriate or desirable.
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 Section 1216. CLAIMS AND DEMANDS. PRESENTATION AND
derived from such levy. It may not, in making such levy, exceed the ', PAYMENT. Procedures prescribed by the State Legislature govern.
maximum tax rate provided for in this Charter, unless authorized by ing the presentation, consideration and enforcement of claims
32 33
against chartered cities or against officers, agents and employees ; claim or demand for the same has been presented as in this Charter
thereof shall apply to the presentation, consideration and enforce- I provided and such claim and demand has been rejected in whole or
ment of claims against the City. in part. If rejected in part suit may be brought to recover the whole.
Failure to complete action approving or rejecting any claim or
In the absence of applicable procedures prescribed by the demand within forty-five days from the day the same is presented
State Legislature, and to the extent that the same are not incon- 1 shall be deemed a rejection thereof.
sistent therewith, the following provisions of this Section shall
govern the presentation, processing and payment of all claims and Section 1218.REGISTERING WARRANTS. Warrants on the City
demands against 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 when funds therefor are available and shall bear interest from
writing to the City Clerk within one hundred days after *the occur- the date of registration at such rate as shall be fixed by the City
rence, event or transactiort from which the damages allegedly arose, i, Council by resolution.
and shall set forth in detail the name and address of the claimant,
the time, date, place and circumstances of the occurrence and the Section 1219. INDEPENDENT AUDIT. The City Council shall
extent of the injuries or damages sustained. All such claims shall ! employ at the beginning of each fiscal year, an independent certi-
be approved or rejected in writing by order of the City Council and fied public accountant who shall, at such time or times as may be
the date thereof given. specified by the City Council, at least annually, and at such other
times as he shall determine,examine the books,records, inventories
All other demands against the City must be in writing and may and reports of all officers and employees who receive, control,
be in the form of a bill, invoice, payroll, or formal demand. Each handle or disburse public funds and of all such other officers, em-
such demand shall be presented to .the Director of Finance within ployees or departments as the City Council may direct. As soon as
one hundred days after the last item of the account or claim accrued. practicable after the end of the fiscal year, a final audit and report
The Director of Finance shall examine the same. If the amount shall be submitted by such accountant to the City Council, one
thereof is legally due and there remains on his books an unexhaust- copy thereof to be distributed to each member, one to the City
ed balance of an appropriation against which the same may be f Administrator, Director of Finance, Treasurer, and City Attorney,
charged, he shall approve such demand and draw his warrant on the respectively, and sufficient additional copies of the audit shall be
City Treasurer therefor, payable out of the proper fund. Otherwise placed on file in the office of the City Clerk where they shall be
he shall reject it. Objections of the Director of Finance may be available for inspection by the general public, and a copy of the
overruled by the City Council and the warrant ordered drawn. The financial statement as of the close of the fiscal year shall be
Director of Finance shall transmit such demand, with his approval published in the official newspaper.
or rejection thereof endorsed thereon, and warrant, if any, to the
City Administrator. If a demand is one for an item included within ! Section 1220. SALE OF PUBLIC UTILITY. No public utility
an approved budget appropriation, it shall require the approval of now or hereafter owned or operated by the City.shall be sold, leased
the City Administrator before payment; otherwise it shall require or otherwise transferred or disposed of unless authorized by the
the approval of the City Council, following the adoption by it of an affirmative votes of at least a majority of the total membership of
amendment to the budget authorizing such payment. Any person the City Council and by the affirmative votes of at least two-thirds
dissatisfied with the refusal of the City Administrator to approve of the electors voting on such proposition at a gen ral or special
any demand, in whole or in part, may present the same to the City election at which such proposition is submitted.
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, 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
34
35
it
ARTICLE XIII ARTICLE XIV
ELECTIONS I FRANCHISES
Section 1300. GENERAL MUNICIPAL ELECTIONS. General Section 1400. GRANTING OF FRANCHISES. Any person, firm
municipal elections for the election of officers, except members of or corporation furnish;-ig the City or its inhabitants with transporta-
the Board of Education, and for such other purposes as the City tion, communication, ,erminal facilities, water, light, heat, elec-
Council may prescribe shall be held in the City on the second ' tricity, gas, power,, refrigeration, storage or any other public utility
Tuesday in April in each even numbered year. The first such gener- or service, or using the public streets, ways, alleys or places for
al municipal election shall be held on the second Tuesday in April, the operation of plants, works or equipment for the furnishing there-
of, or traversing any portion of the City for the transmitting or con-
1966. veying of any such service elsewhere,may be required by ordinance
Section 1301. SPECIAL MUNICIPAL ELECTIONS. All other to have a valid and existing franchise therefor. The City Council is
municipal elections that may be held by authority of this Charter,or empowered to grant such franchise to any person, firm or corpora-
of any law, shall be known as special municipal elections. tion, whether operating under an existing franchise or not, and to
Section 1302. PROCEDURE FOR HOLDING ELECTIONS. All prescribe the terms and conditions of any such grant. It may also
elections shall be held in accordance with the provisions of the i provide, by procedural ordinance, the method of procedure and
Elections Code of the State of California, as the same now exist or additional terms and conditions of such grants, or the making there-
hereafter may be amended, for the holding of municipal elections, I of, all subject to the provisions of this Charter.
so far as the same are not in conflict with this Charter; provided, Nothing in this Section, or elsewhere in this Article, shall
however, that in the case of the first election held under this apply to the.City, or to any department thereof, when furnishing any
Charter, the time for filing nomination papers and the time for pub- such utility or service.
lishing the notice of election is extended until the fortieth day i Section 1401. RESOLUTION OF INTENTION. NOTICE AND
prior to the election. PUBLIC HEARING, Before granting any franchise, the City Coun-
Section 1303. INITIATIVE, REFERENDUM AND RECALL. cil shall pass a resolution declaring its intention to grant the same,
There are hereby reserved to the electors of the City the powers of i stating the name of the proposed grantee, the character of the fran-
the initiative and referendum and of the recall of municipal elective chise and the terms and conditions upon which it is proposed to be
officers.The provisions of the Elections Code of the State of Cali- i granted. Such resolution shall fix and set forth the day, hour and
fornia, as the same now exist or hereafter may be amended, govern- place when and where any persons having any interest therein or
ing the initiative and referendum and the recall of municipal of- any objection to the granting thereof may appear before the City
ficers, shall apply to the use thereof in the City so far as such Council and. be heard thereon. It shall direct the City Clerk to
provisions of the Elections Code are not in conflict with the pro- publish said resolution at least once, within fifteen days of the
visions of this Charter. passage thereof, in the official newspaper. The time fixed for such
hearing shall not be less than twenty nor more than sixty days after
the passage of said resolution.
At the time set for the hearing the City Council -hall proceed
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
E
t
36 k 37
i
which the franchise is proposed to be granted, a new resolution of
intention shall be adopted and like proceedings had thereon, 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
Section 1402. TERMS OF FRANCHISE. Every franchise shall 1i by procedural ordinance and by this Charter.
state the term for which it is granted, which, unless it be indeter- Section 1404. EMINENT DOMAIN. No franchise grant shall in
minate as provided for herein, shall not exceed forty years.
any way, or to any a -tent, impair or affect the right of the City to
A franchise grant may be indeterminate, that is to say, it may acquire the property of the grantee thereof either by purchase or
provide that it shall endure in full-force and effect until the same through the exercise of the right of eminent domain, and nothing
shall be voluntarily surrendered or abandoned by its possessor, or herein contained shall be construed to contract away or to modify
until the State of California, or some municipal or public corpor- ! or to abridge, either for a term or in perpetuity, the City's right of
ation,thereunto duly authorized by law, shall purchase by voluntary eminent domain with respect to any public utility.
agreement or shall condemn and take, under the power of eminent
Section 1405. DUTIES OF GRANTEES. By its acceptance of
domain, all property actually used and useful in the exercise of any franchise hereunder, the grantee shall covenant and agree to
such franchise and situate within the territorial limits of the State, g
perform and be bound by each and all of the terms and conditions
municipal or public corporation purchasing or condemning such imposed in the grant, or by procedural ordinance and shall further
property, or until the franchise shall be forfeited for noncompliance , agree to:
with its terms by the possessor thereof.
(a) Comply with all'lawful ordinances, rules and regulations
Section 1403. GRANT TO BE IN LIEU OF ALL OTHER theretofore or thereafter adopted by the City Council in the exercise
FRANCHISES. Any franchise granted by the City with respect to of its police power governing the construction, maintenance and
any given utility service shall be in lieu of all other franchises, operation of its plants, works or equipment.
rights or privileges owned by the grantee, or by any successor of
the grantee to any right under such franchise, for the rendering of (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
such utility service within the limits of the City as they now or may
hereafter exist, except any franchise derived under Section 19 of under such franchise.
Article XI of the.Constitution of California as said section existed (c) Indemnify and hold harmless the City and its 'officers and
prior to the amendment thereof adopted October 10, 1911. The employees from any and all liability for damages proximately result-
acceptance of any franchise hereunder, shall operate as an aban- ing from any operations under such franchise and provide such
donment of all such franchises, rights and privileges within the insurance and/or bond as the City Council may require.
limits of the City as such limits shall at any time exist, in lieu of
which such franchise shall be granted. C (d) Remove and relocate without, expense to the City any
facilities installed, used and maintained under the franchise if and
Any franchise granted hereunder shall not become effective; when made necessary by any lawful change of grade, alignment or
until written acceptance thereof shall have been filed by the grantee . width of any public street, way, alley qr place, including the con-
thereof with the City Clerk. Such acceptance shall be filed within struction of any subway or elevated transit facilities, or by the
ten days after the adoption of the ordinance granting the franchise, construction or improvement of any public property or facility, or if
or any extension thereof granted by the City Council, and when so the public health, comfort, welfare, convenience, or safety so
filed, such acceptance shall constitute a continuing agreement of demands.
such grantee that if and when the City shall thereafter annex, or
consolidate with, additional territory any and all franchises, rights (e)Pay to the City during the life of the franchise a percentage,
and privileges owned by the grantee therein, except a franchise de-; to be specified in the grant, of the gross annual receipts of the
rived under said constitutional provision, shall likewise be deemed grantee within the limits of the City, or such other compensation as
to be abandoned within the limits of such territory. No grant of any; the City Council may prescribe-in the grant.
franchise may be transferred or assigned by the grantee except by'; Section 1406. EXERCISING RIGHTS WITHOUT FRANCHISE.
consent in writing of the City Council and unless the transferee ort The exercise by any person, firm or corporation of any privilege for
38 39
i
i
ARTICLE XV
which a franchise is required, without possessing a valid and
existing franchise therefor, shall be a misdemeanor and shall be MISCELLANEOUS
punishable in the same manner as violations of this Charter are
punishable and each day that such condition continues to exist shall � Section 1500. DEFINITIONS. Unless the provisions or the
context otherwise regi ires, as used in this Charter:
constitute a separate violation.
j (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 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
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-
tinues 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 in-
valid, the remainder of the Charter, and the application of such
provision to other persons or circumstances, shall not be affected
thereby.
1
k
J�
40 41
CORPORATE DIVISION
Legal Review (916) 445-0620
Certification (916) 445-1430
�P s Status (916) 445-2900
'm Office of the Secretary of State 111 Capitol Mall Microfilm Records (916) 445-1768
99.
u,
o March Fong Eu Sacramento, California 95814 Name Availability (916) 322-2387
Trademarks (916) 445-9872
Cq Cipp pNP
Statement of Officers (916) 445-2020
Service of Process (916)445-0620
Los Angeles Office (213) 620-3104
December 17, 1976
AZicia M. Wentworth, City CZerk
P.0.Box 190
Huntington Beach, Caifornia 92548
Dear Ms. Wentworth:
Amendments to the charter of the City of Huntington Beach,
ratified by the voters at the GeneraZ EZection on November 2,
1976, were received and fiZed in this office December 10, 1976.
Very_ truZy yours,
i
Certi tion Officer
DEA:s
Article V of the Charter of the City of Huntington Itch is hereby
amended by adding a new paragraph to the end of Section 511, which new
paragraph reads as follvvrs:
Any ordinance, resolution or other action of the City Council
providing for the imposition,establishmdnt,levy,election or increase
in rate of any property tax, income tax, excise tax, or any other tax or
fee, or the change in base or any other provision of such tax or fee,
which change has the effect of increasing the amount of tax payable,
may be enacted only by the affirmative vote of at least three-fourths
,.3/4ths) of the total voting members of the City Council; provided,
however, that any tax levied or collected pursuant to Section 1207(b)of
this Charter shall be exempted from the three-fourths (3/4ths)voting
requirement of this paragraph.
Any ordinance, resolution or othet action of the City Council
described in the next preceding paragraph, adopted on or after January
19, 1976 and prior to the date upon which this amendment shall
become effective, is hereby repealed.
(The last two paragraphs of this section added effec-
tive December 10 1976 and by reason of a greater
popular vote pre-empt inconsistent provisions of
section 1222 of this Charter) .
Article XII of the Charter of the City of
Huntington Beach is hereby amended by adding
Section 1222 to read as follows:
Section 1222: Vote Required For Tax Measures
No tax or other meawn whm principal purpose is the ralshv of
reN enue,or any increase in the'amount dweaf.dWi
or established except by ordiinance okpW by the affirmmive vats of
at least five (6)member:of the City ; provided. however,that
any tax levied or collected pursuant to 1207(b)of this Charter
Shall be exempt front the minlmurn voting reqvillyernent of this scion.
This section shall not apply to any kaftvM permit, or any other fee
or charge whose principal purer is to pay or reimburse the City for
the cost of performing any regulatory function of the City under its
police power in connection with the City's duty to preserve or maintain
the public peace, health, safety, welfare or morals.
This section shall not apply to any user or service fee or charge
provided such fee or charge is directly related to such use or service, is
charged to the user or person receiving such service, and is to pay or
reinburse the City for the costs of providing such use or service.
This section shall not apply to any fee ot;charge relating to any
franchise or proprietary function of the City.
(This section aaded effective December 10 , 1976
and by reason of a lesser popular vote is pre—empted
as to inconsistent provisions by the last t:;o para-
graphs of Section 511 of this Charter) .
Article XII of the Charter of the City of
Huntington Beach is hereby amended by adding
Section 1221 to read as follows:
Section. 1221. Real Estate Transfer Tax.
"The City Council shall not levy a tax on the
transfer or conveyance of any interest in real
property unless authorized by the affirmative
votes of a majority of the,.electors voting on a
proposition submitted to the electors to author-
ize such a tax at a general or special election.
Any ordinance heretofore adopted by the City
Council levying a tax on the transfer or convey-
ance of any interest in teal property prior to
the effective date of this amendment shall be
of no further force and effect ."
ENDORSED
F I L E D
to the a46eo d Ae Sea*tory sf'Staft
of Oft Sera at ealOw ma
JUN 51975
MWH FM EU, Secretary of State
Dorothy E. Andena►
Nputy