HomeMy WebLinkAboutSpecial Election March 5, 2002 - Proposed Charter Amendments CITY OF HUNTINGTON BEACH
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: Ck2003-4
Council/Agency Meeting Held: >,1 ?-0J
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatdre
Council Meeting Date: April 7, 2003 Department ID Number: Ck2003-4
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: Connie Brockway, City Clerk C
PREPARED BY: Connie Brockway, City Clerk C6
SUBJECT: Receive and File Huntington Beach City Charter as Codified to
Include Measures EE: Property Rights Protection Measure and
Measure FF: Creation of Infrastructure Fund; Adopted by the
Voters at the March 5, 2002 Special Municipal Election (and
Approve Correction of Typographical Error in Charter not Related
to this Election)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: The City Council is requested to receive and file the City Charter as
codified to include Measure EE and Measure FF which were approved by the electorate at
the March 5, 2002 Special Municipal Election.
Funding Source: Not Applicable.
Recommended Action:
(1) Receive and file the codified City Charter of the City of Huntington Beach, as revised by
the inclusion of Measure EE Property Rights Protection Measure and Measure FF
Creation of Infrastructure Fund approved by the voters at the Special Municipal
Election of March 5, 2002; and
(2) Approve the correction of the typographical error made when codifying Section 700 into
the City Charter.following the November 2, 1982 Municipal Election as follows:
(Continued on the next page)
f ._
CK2003-4Charter Amendment -2- 3/24/2003 7:56 PM
f
other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the
duration of the emergency at such place within the City as is designated by the Mayor, or, if he should
fail to act,by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and
all persons shall be permitted to attend such meetings, except that the provisions of this section shall
not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,
no person shall be denied the right to be heard by the City Council.
Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business
but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned
by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council
member at least twenty-four hours before the time to which the meeting is adjourned, or such notice
may be dispensed with in the same manner as specified in this Charter for dispensing with notice of
special meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth by the
Charter. It shall judge all election returns. Each member of the City Council shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses,to
examine them under oath and to compel the production of evidence before it. Subpoenas shall be
issued in the name of the City and be attested by the City Clerk. They shall be served and complied
with in the same manner as subpoenas in civil actions.Disobedience of such subpoenas, or the refusal
to testify(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be
punishable in the same manner as violations of this Charter are punishable. The City Council shall
have control of all legal business and proceedings and all property of the legal department, and may
employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal
matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or
prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of
any ordinance,resolution, or order for payment of money, or upon the demand of any member,the
City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in
the minutes of the meeting.
Section 305.PRESIDING OFFICER. At the Council meeting at which any Council member is
installed following any general or special municipal election, and at any time when there is a vacancy in
the office of Mayor,the City Council shall meet and shalf elect one of its members as its presiding officer,
who shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and
vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes;
shall have the primary but not the exclusive responsibility for interpreting the policies,programs and
needs of the City government to the people,and as occasion requires,may inform the people of any major
change in policy or program; and shall perform such other duties consistent with the office as may be
prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such
capacity at the pleasure of the City Council.
g:/citych arter/citych arter2002.doc
Section 306.MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly,the appointment by the
City Administrator, or by any of the department heads in administrative service of the City, of any person
to any office or employment, or removal therefrom.Except for the purpose of investigation and inquiry,
the members of the City Council shall deal with the administrative service under the jurisdiction of the
City Administrator solely through the City Administrator, and no member of the City Council shall give
orders to any subordinate of the City Administrator, either publicly or privately.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts
and terms of the official bonds of all officials or employees who are required by this Charter or by
ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be
approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official
bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the
required separate bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall
be no personal liability upon, or any right to recover against,the employee's superior officer or other
officer or employee or the bond of the latter,unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall be an attorney at law, duly licensed as such under the laws
of the State of California, and shall have been engaged in the practice of law in this State for at least three
years prior to his election or appointment. The City Attorney shall have the power and may be required
to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their
offices.
(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of
this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned
or is a party, and represent and appear for any City officer or employee, or former City officer or
employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of his employment or by reason of his official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally
or in writing whenever requested to do so by the City Council or by any of the boards or officers of
the City.
(e) Approve the form of all contracts made by and all bonds and insurance given,to the City, endorsing
his approval thereon in writing.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto.
g:/citych arter/citych arter2002.doc
(g) Devote such time to the duties of his office and at such place as may be specified by the City Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be
necessary.
(i) Surrender to his successor all books,papers, files, and documents pertaining to the City's affairs.
Section 310. CITE'CLERK.POWERS AND➢ UTIES. The City Clerk shall have the power and shall
be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and
maintaining of a full and true record of all of the proceedings of the City Council in books that shall
bear appropriate titles and be devoted to such purpose.
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions,with
the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct
copy, and as to an ordinance requiring publication, stating that the same has been published or posted
in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all books and records in his possession properly indexed and open to public inspection when not
in actual use.
(e) Be the custodian of the seal of the City.
(f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business
of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself,or does in the future avail itself, of
the provisions of the general laws of the State relative to the assessment of property and the collection
of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
him or act for him, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Clerk shall be three years of relevant work
experience which demonstrates record management skills and practice of administrative procedures.
(12/7/84)
g:/citycharter/citycharter2oo2.doc -
Section 311.CITY TREASURER.POWERS AND DUTIES. The City Treasurer shall have the power
and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for
the collection of which the City is responsible, and receive all taxes or other money receivable by the
City from the County, State or Federal governments, or from any court, or from any office,
department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or any office,
department or agency of the City government and deposit or cause to be deposited all funds coming
into his hands in such depository as may be designated by resolution of the City Council, or, if no
such resolution be adopted,then in such depository designated in writing by the City Administrator,
and in compliance with all of the provisions of the State Constitution and laws of the State governing
the handling, depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements
and fund balances, and shall file copies of such reports with the City Administrator and City Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Treasurer shall be a combination of education and
experience in an area relative to fiscal management. (Charter Amendment 12/7/84)
Section 312.VACANCIES,FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this
Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council
for a period of thirty consecutive days from and after the last regular City Council meeting attended
by such member, unless by permission of the City Council expressed in its official minutes,the office
shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or
ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the
existence of such vacancy. Any elective officer of the City who shall accept or retain any other
elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the
office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such
office shall become vacant,the City Council shall forthwith cause an election to be held to fill such
vacancy for the remainder of the unexpired term.
g:/citych arter/citych arter2002.d oc
Section 313. CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating
conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City government any
person who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council,nor shall the City Administrator or any department head or other
officer having appointive power appoint any relative of such person or of any Council member within
such degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITE'ADMINISTRATOR. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Administrator who shall be the chief administrative officer of the
City.
(b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of the City Council; provided, however,
that the person occupying the office shall not be removed from office except as herein provided.
(c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative
qualifications, with special reference to actual experience in and knowledge of accepted practice as
regards the duties of the office as herein set forth.No person shall be eligible to be appointed City
Administrator or Acting City Administrator while serving as a member of the City Council nor within
one year following the termination of membership on the City Council.
(d) Removal. The City Administrator shall not be removed from office during or within a period of
ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Administrator may be removed only at a regular meeting of the City
Council and upon the affirmative vote of a majority of the members of the City Council. At least
thirty days prior to the effective date of removal,the City Administrator shall be furnished with a
written notice stating the Councils intentions and, if requested by the City Administrator,the reasons
therefor. Within seven days after receipt of such notice,the City Administrator may by written
notification to the City Clerk request a public hearing before the City Council, in which event the
Council shall fix a time for a public hearing which shall be held at its regular meeting place before the
expiration of the thirty-day period above referred to. The City Administrator shall appear and be
heard at such hearing. After furnishing the City Administrator with written notice of the intended
removal,the City Council may suspend the Administrator from duty, but his compensation shall
continue until removal as herein provided. In removing the City Administrator,the City Council shall
use its uncontrolled discretion and its action shall be final and shall not depend upon any particular
showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the
City administrator to present to each other and to the public all pertinent facts prior to the final action
of removal.
g1citycharter/citycharter2002.doc
Section 401.POWERS AND DUTIES. Except as otherwise provided in this Charter,the City
Administrator shall be responsible to the City Council for the proper administration of all affairs of the
City. Without limiting this general grant of powers and responsibilities,the City Administrator shall have
the power and be required to;
(a) Appoint, promote, demote, suspend or remove department heads,officers and employees of the City
except elective officers. However,no department head shall be appointed or removed until the City
Administrator shall first have reviewed such appointment or removal with the City Council and have
received approval for such appointment or removal by a majority vote of the full City Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration
upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the
finances of the City, and annually or more frequently, a current report of the principal administrative
activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and make such
recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City
Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the
City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the
provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees except those directly appointed
by the City Council and prescribe such general rules and regulations as he may deem necessary or
proper for the general conduct of the administrative offices and departments of the City under his
jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required by the City Council.
Section 402.ACTING CITE'ADMINISTRATOR. During any temporary absence or disability of the
City Administrator,the Assistant City Administrator shall serve as Acting City Administrator. During any
temporary absence or disability of both the City Administrator, and the Assistant City Administrator,the
City Administrator shall appoint one of the other officers or department heads of the City to serve as
Acting City Administrator. In the event the City Administrator fails to make such appointment, such
appointment may be made by the City Council.
Section 403.PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City Administrator, the officers and employees of the City shall consist of such other
officers, assistants, deputies and employees as the City Council may provide by ordinance or resolution.
The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by
ordinance or resolution for such offices, officials and employees except as herein provided.
g:/citycha rter/citych arter2002.doc
REQUEST FOR COUNCIL ACTION
MEETING ®ATE: April 7, 2003 DEPARTMENT I® NUMBER: Ck20034
City Charter Section 700 should be corrected to read:
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections
shall be held in the city on the first Tuesday after the first Monday in November in
each even-numbered year.
City Charter Section 700 as it incorrectly reads:
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections.
shall be held in the City on the first Tuesday in November in each even numbered
year.
Alternative Action(s): Not applicable.
Analysis: On March 5, 2002 the voters approved Measures EE, which was placed on
the ballot by the charter amendment petition. At this same election Measure FF, placed on
the ballot by the Council was also approved. In codifying these measures into the Charter,
the City Clerk's Office noticed that Section 700 did not conform as to,when municipal
elections are held. Following a research of City election documents and records, the City
Clerk's Office determined that Section 700 should have been codified in 1982 to read:
City Charter Section 700 corrected as it should read:
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections .
shall be held in the ciy on the first Tuesday after the first Monday in November in
each even-numbered year.
The City Clerk's Office reviewed the election documents and material with Robert Wheeler,
Special Counsel, City Attorney's Office. I requested the City Attorney's Office to prepare a
legal analysis to affirm that Section 700 should be corrected.
Environmental Status: Not applicable.
(Continued on the next page)
CK2003-4Charter Amendment 4- 3/24/2003 7:56 PM
02
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: Ck2003-4
. 0 0 O 06, 0 0
1. Newly Revised Huntington Beach City Charter— Codified
2. Resolution No. 2002-20 adopted April 1, 2002, certifying the March 5,
2002 Special Municipal Election at which Measure EE and FF were
approved by the voters
3. Incorrect Section 700 re: Conduct of Municipal Election and Legal
Opinion
4. The 1982 ballot question presented to the voters on July 19, 1982 re:
Section 700
5. Resolution No. 5140 — adopted on July 19, 1982 which reflects the.
correct wording of Section 700
RCA Author: Connie Brockway x5404
CK2003-4Charter Amendment 3/24/2003 7:56 PM
ATTACHMENT 1
CITY OF HUNTINGTON BEACH
CITY CHARTER
4
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................2/2/40
Amendments.................................................................1/29/47
Amendments.................................................................1/27/49
Amendments...................................................................5/9/49
Revised..................................................................................5/1/50
New Charter..................................................................2/10/66
Amendments.................................................................1/18/71
Amendments...................................................................6/5/75
Amendments................................................................12/10/76
Amendments.................................................................7/17/78
Amendments........(Consolidation November)..........................12/9/82
Amendments.................................................................12/7/84
Amendments.................................................................12/7/90
Amendments..................................................................4/22/02
glutycharter/citycharter2002.doc
CITE'CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITE'
Section 100.Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II.FORM OF GOVERNMENT
Section 200. Council-Administrator Form of Government
ARTICLE III. ELECTIVE OFFICES
Section 300. City Council,Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums,Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306. Mayor Pro Tempore
Section 307.Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney. Powers and Duties
Section 310. City Clerk. Powers and Duties
Section 311. City Treasurer.Powers and Duties
Section 312.Vacancies, Forfeitures and Replacement
Section 313. Conflict of Interest,Nepotism
ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Administrator. Composition,Term,Eligibility,Removal
Section 401. Powers and Duties
Section 402. Acting City Administrator
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORIDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
g:/citycharter/citycharter2002.doc
ARTICLE VI. FISCAL.ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Administrator
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
*Section 612. Public Utilities and Parks and Beaches*
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617.Infrastructure Fund
ARTICLE VII.ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704.Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802.Violations
Section 803.Property Rights Protection Measure
(*) Following is a motion adopted by the City Council on July 11, 1994. Inclusion of this motion on this
page of the Charter is for recordkeeping purposes. Should the City Council rescind this motion,
reference to it on this page of the Charter must be removed: It is the intent of Charter Section 612,
the Measure "C"amendment, that a vote of the people be the final approval ofprojects approved by
the city for construction on park land or beaches. Therefore, all projects falling under the criteria of
Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people.
The cost for the ballot measure shall be borne by the applicant for the project. If the project requires
a lease or other financial consideration, the terms and conditions of the lease and/or financial aspect
of the project shall be included in the information provided for the Charter Section 612 vote. Cit
Council Minute Action of July 11, 1994)
g:/citych arter/citych arter2002.doc
CHARTER
We,the people of the City of Huntington Beach, State of California, do ordain and establish this Charter
as the fundamental law of the City of Huntington Beach under the Constitution of the State of California.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100.NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of"City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until
changed in the manner authorized by law.
Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal
government provided by this Charter shall be known as the Council-Administrator form of government.
ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter,the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
g/citycharter/citycharter2002.doc
general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter,the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors.A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election. Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302.COMPENSATION. The members of the City Council including the Mayor shall receive
as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five
Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of
the City Council for Council authorized traveling and other expenses when on official duty upon
submission of itemized expense accounts therefor. In addition,members shall receive such reasonable and
adequate amounts as may be established by ordinance,which amounts shall be deemed to be
reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by
virtue of their serving as City Councilmen.
Section 303.MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such
time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a
date and hour certain which shall be specified in the order of adjournment and when so adjourned
each adjourned meeting shall be a regular meeting for al! purposes. If the hour to which a meeting is
adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding
regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be
held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the
members of the City Council,by written notice to each member of the City Council and to each local
newspaper of general circulation, radio or television station requesting notice in writing. Such notice
must be delivered personally or by mail at least twenty-four hours before the time of such meeting as
specified in the notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted.No other business shall be considered at such meeting. If any person
entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed
with. Such waiver may be given by telegram. This notice requirement shall be considered fulfilled as
to any person who is actually present at the meeting at the time it convenes. In the event of an
emergency affecting the public peace,health or safety, a special meeting may be called as provided in
this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's
absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem
provided that the nature of the emergency is set forth in the minutes of the meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such
place within the City to which any such meeting may be adjourned. If, by reason of fire,flood or
g/citycharter/citycharter2002.doc
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Administrator, Assistant City Administrator and any officers designated as elective by the Charter shall
be exempt. The system shall consist of the establishment of minimum standards of employment and
qualifications for the various classes of employment and procedures to be followed in advancement,
demotion, suspension and discharge of employees included within the system, as the City Council shall
determine to be for the best interest of the public service. The ordinance shall designate the appointive
officers and employees who shall be included within the system. By subsequent ordinances the City
Council may amend the system or the list of appointive officers and employees included within the
system, provided,however,that once included within the system,no officer or employee shall be
withdrawn therefrom (unless the office or position is actually abolished or eliminated)without the
approval of such withdrawal at a regular or special election by a majority of the voters voting on such
proposition. The system shall comply with all other provisions of this Charter.
Section 404.RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405.BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish
such boards, commissions and committees as are deemed necessary for the orderly functioning of the
City. All such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500.REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION,
AMENDMENT,WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be
taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a
franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:."No order for
the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.
Upon introduction and second reading, an ordinance shall be read by title only. Unless a higher vote
is required by other provisions of this Charter, the affirmative vote of at least four of the City Council
shall be required for the enactment of any ordinance or for the making or approving of any order for
the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held
no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less
than five days after the date it was so altered. The correction of typographical or clerical errors shall
not constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the
City Council within the City and to be published by title with a brief summary at least once within
fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the County or
the City and circulated in the City, which is selected by the City Council for that purpose.
(d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished
solely by the re-enactment of such section or subsection at length,as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date of its
adoption, except the following,which shall take effect upon adoption: _
g:lcitycharter/citych arter2002.d oc
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or procedural ordinance
relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate
of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of
valid ordinances may be adopted by reference, with the same effect as an ordinance, in the manner set
forth herein; however, such regulations and codifications need not be published in the manner
required for other ordinances, but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall
be repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance,
Section 501.EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace,health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes.
Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose.No defect or irregularity in proceedings taken under this section shall invalidate
any publication where it is otherwise in conformity with this Charter or law or ordinance.
ARTICLE VI
FISCAL ADMINISTRATION
Section 600.FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless
otherwise established by ordinance.
Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY ADMINISTRATOR. At such
date as the City Administrator shall determine, each board or commission and each department head shall
furnish to the City Administrator, personally, or through the Director of Finance, estimates of the
department's, board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in
such manner as may be prescribed by the City Administrator. In preparing the proposed budget,the City
Administrator shall review the estimates, hold conferences thereon with the respective department heads,
boards or commissions as necessary, and may revise the estimates as may be deemed advisable.
Section 602.ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City
Administrator shall submit the proposed budget to the City Council at least sixty days prior to the
beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may
deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the
beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior
g/citycharter/citycharter2002 doc
to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office
of the City Clerk at least ten days prior to said hearing.
Section 603.ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned,the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604.ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Administrator, Director of Finance,City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments,offices and agencies of the City.
Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however,that the City Administrator may transfer funds from one object or purpose to another within the
same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent
that they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget,the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
Section 607.TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar
annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as
otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other property taxes
for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and
judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute
general obligations of the City; and
g:/citycharter/citycharte r2002.doc
2. A tax sufficient to meet all obligations of the City for the retirement system in which the City
participates, due and unpaid or to become due during the ensuing fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be made annually,
based on City Council approved estimates, for the following specific purposes, but not to exceed the
following respective limits for those purposes for which limits are herein set forth,to wit: parks and
recreation and human services not to exceed$0.20 per One Hundred Dollars; Libraries not to exceed
$0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed$0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One
Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that
specified.
Section 608.VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five (5)members of
the City Council;provided, however,that any tax levied or collected pursuant to Section 607(b)of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit,or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace,health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds,may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
g lcitycharterlcitycharter2002.doc
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City
shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course, driving range,road, building over three thousand square feet in floor area nor
structure costing more than$100,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority
of the electors voting on such proposition at a general or special election at which such proposition is
submitted.
(c) Section 612(a) and 612(b) shall not apply;
(1)to libraries or piers;
(2)to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach AND
- such act was being performed or service provided at the same location prior to January 1, 1989
AND
- the proposed lease, franchise, concession agreement or other contract would not increase the
amount of parkland or beach dedicated to or used by the party performing such act or providing
such service.
(d) If any section, subsection,part, subpart, paragraph,clause or phrase of this amendment, or any
amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,the
remaining sections, subsections,parts, subparts,paragraphs, clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to
bind the City,with or without a written contract,for the acquisition of equipment, materials, supplies,
labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
g Jcitycharter/citycharter2002.doc
(b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of
personal property not needed in the City service or not fit for the purpose for which intended, and for
the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled
or operated by the City may be made by the manager of such utility or by the head of the department
or City Administrator upon forms approved by the City Administrator and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure of more than Twenty-five Thousand Dollars ($25,000)for the
construction or improvement(excluding maintenance and repair)of public buildings,works, streets,
drains, sewers,utilities,parks and playgrounds, and each separate purchase of materials or supplies for
the same,where the expenditure required for such purchase shall exceed the sum of Twenty-five
Thousand Dollars($25,000), shall be let to the lowest responsible bidder after notice by publication in
accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before
the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion.After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is less than Twenty-five Thousand Dollars($25,000),the City Council may declare and
determine that in its opinion,the work in question may be performed better or more economically by the
City with its own employees, or that the materials or supplies may be purchased at lower price in the open
market, and after the adoption of.a resolution to this effect by the affirmative vote of a majority of the
total members of the City Council, it may proceed to have said work done or such materials or supplies
purchased in the manner stated without further observance of the provisions of this section.
All public works contracts exceeding the sum of Twenty-five Thousand Dollars($25,000)may be let and
purchases exceeding the sum of Twenty-five Thousand Dollars($25,000)may be made without
advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City
Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized
by at least five affirmative votes of the City Council.
Projects for the extension,replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
g:/citych aner/citych arter2002.doc
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5,2002,by a measure which states that the revenue to be raised is for the purpose of
infrastructure,as said term is defined in this paragraph,shall be placed in a separate fund
entitled "Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets
that normally are stationary in nature and normally can be preserved for significantly greater
number of years. They include storm drains,storm water pump stations,alleys,streets,
highways,curbs and gutters,sidewalks, bridges,street trees,landscaped medians,parks,beach
facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways,and all
public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall
accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to
infrastructure improvements or maintenance,including construction,design,engineering,
project management,inspection,contract administration and property acquisition. Monies in
said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%.. Expenditures for
infrastructure improvements and maintenance,subsequent to 2001,shall not be reduced below
15% of general fund revenues based on a five-(5)year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its
findings to the City Council prior to adoption of the following fiscal-year budget.
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in
the city on the first Tuesday after the first Monday in November in each even-numbered year.
(12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal elective
officers. The provisions of the Elections Code of the State of California, as the same now exists or
hereafter may be amended, governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict
with the provisions of this Charter.
g:lcitycha rter/citycharter2002.doc
Section 704.NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive
of the City shall continue to hold such offices until the completion of their current terms and the election
or appointment and qualification of their respective successors under this Charter.All boards,
commissions and committees presently in existence shall continue to act in accordance with their original
grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their
activities or for one year, whichever occurs first. All lawful ordinances,resolutions,rules and regulations,
and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent
herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed
or superseded by proper authority.
Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires,as used in this
Charters
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency,"
"officer," or "employee" is a department, board, commission, agency, officer or employee, as the case
may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) "Person" includes firm and corporation.
Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and
shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars($500)or by
imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each
day that any such violation continues shall constitute a separate violation.
Section 803.PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other consideration
payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the
owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution,administrative regulation or other action of the City to establish,continue,
implement or enforce any control or system of controls on the price or other terms on which
real property in the city may be offered,sold,leased, rented,exchanged or otherwise
transferred by its owner. The words "real property" as used in subsection (a)refer to any
g:/citych arter/ci tych arter2002.d oc
parcel of land or site,either improved or unimproved,on which a dwelling unit or residential
accommodation is or may be situated for use as a home,residence or sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health,safety,fire or building code violations,
excluding those caused by disasters,for which a civil or criminal citation has been issued by
the City and remains unabated for six months or longer;
(2) any real property owned by a public entity,and real property where the owner has agreed
by contract with the public entity,including the City and any of its related agencies,to
accept a financial contribution or other tangible benefit including without limitation,
assistance under the Community Redevelopment Law;
(3) any planning or zoning power of the City as relates to the use,occupancy or improvement
of real property and to any real property which the City or any of its related agencies may
acquire by eminent domain, purchase,grant or donation;
(4) any power of the City to require a business license for the sale or rental of real property,
whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient
occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;
or
(6) to impair the obligation of any contract entered into prior to the enactment of this Section
803 or otherwise required by State law."
Additional Copies of this Charter May be Obtained from the Office of the City Clerk
2000 Main Street, Huntington Beach, CA 92648
g/citycharter/citycharter2002 doc
AT
TACHMENT 2
RESOLUTION NO. 2002-20
A RESOLUTION OF THE CITY COUNCIL OF
HUNTINGTON BEACH, CALIFORNIA,RECITING THE
FACT OF THE SPECIAL MUNICIPAL ELECTION HELD
ON MARCH 5, 2002, CONSOLIDATED WITH THE
COUNTY OF ORANGE DECLARING THE RESULTS
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the City of
Huntington Beach, California, on Tuesday, March 5, 2002, as required by law; and
WHEREAS,notice of the election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election officers
were appointed and that in all respects the election was held and conducted and the votes
were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the charter; and
WHEREAS,pursuant to Resolution No. 2001-80 adopted on October 15, 2001,
the County Election Department canvassed the returns of the election and has certified
the results to the City Council, the results are received, attached and made a part hereof as
Exhibit"A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts 31,1.80.
That the whole number of absent voter ballots cast in the City was 11,713, making
a total of 42,893 ballots cast in the City.
SECTION 2. That the measures voted upon at the election are as follows:
MEASURE EE: "Shall the Charter of the City of Huntington Beach be amended
by adding a new section thereto providing that only a property owner can establish the
price or terms regarding that property's sale, lease, rental, exchange or transfer; and
prohibiting the City of Huntington Beach from legislating or regulating the price or terms
concerning the sale, lease, rental, exchange or transfer of property(for example, by the
adoption of a rent control ordinance)?"
MEASURE FF: "Shall the Huntington Beach Charter be amended to establish
an 'Infrastructure Fund'with all infrastructure revenues raised, and accrued interest,
directed into the Fund; prohibiting the transfer or loan of Fund monies; requiring that
General Fund expenditures for infrastructure not be reduced below 15%of General
Fund revenues based on a five-year rolling average; and requiring that City Council
designate an advisory board to annually review and audit the Infrastructure Fund?"
MEASURE GG: ADVISORY VOTE ONLY. "Should the Utility Tax paid
solely by an electric power plant be placed into an Infrastructure Fund to be used only
for the maintenance, construction and repair of infrastructure such as storm drains,
storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks,
bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic
signals, street lights, block walls along arterial highways and all public buildings and
public ways?"
MEASURE HH: "Shall the ordinance repealing the Gas Tax exclusion for
electric power plants be adopted?"
Res. No. 2002-20
SECTION 3. That the number of votes given at each precinct and the number of
votes given in the City for and against the measures are as listed in Exhibit"A" attached.
SECTION 4. The City Council does declare and determine:
That as a result of the election, a majority of the voters voting on the measures
relating to EE-Property Rights Protection Measure, FF-Creation of
Infrastructure Fund,and GG-Advisory Vote Only.Infrastructure Fund.Power
Plant Utility Tax did vote in favor and that the measures were carried, and shall be
deemed adopted and ratified.
SECTION 5. The City Council does declare and determine:
That as a result of the election, a majority of the voters voting on the measure
relating to IIII-Amendment of Gas Tax by Removing Electric Power Plant
Exclusion did not vote in favor and that the measure was not carried and shall not be
deemed adopted and ratified.
SECTION 6. The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing: (1) The whole number of ballots
cast in the City; (2)The measures voted upon; (3) The number of votes given at each
precinct for and against each measure; and(4) The total number of votes given for and
against each measure.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON April 1 , 2002.
APPROVED AS TO FORM:
,3- 4-a Z City Attorney Mayor
INITIATED AND APPROVED: ATTEST:
City Clerk City Clerk 04-ou-dZ
glresolutioNreso declaring results.doc
Res. No. 2002-20
Ex. A
EXH I IT
i
Res. No. 2002-20
Ex. A
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE ELECTION RETURNS
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the following
to be a full, true and correct Statement of the Vote for the election listed below, consolidated
with the Primary Election held on March 5, 2002.
CITY OF HUNTINGTON BEACH
MEASURE EE
YES 27,513
NO 12,558
MEASURE FF
YES 21,314
NO 15,667
MEASURE GG
YES 21,327
NO 15,398
MEASURE HH
YES 13,098
NO 24,974
PRECINCT BALLOTS CAST: 31,180
ABSENTEE BALLOTS CAST: 11,713
TOTAL BALLOTS CAST: 42,893
I hereby certify that the number of votes cast is as set forth above and appears in the
Certified Statement of the Vote.
WITNESS my hand and Official Seal this 25th day of March, 2002.
ROSALYN LEVER
REGISTRAR OF VOTERS
;. " Orange County
Res. No. 2002-20
3/22/2002 17:24 ORANGE COUNTY STATEMENT OF VOTES 797 of 803 EX. A
March 5,2002 March 5,2002 Primary Election
City of Huntiry.^.n Beach
74
9 L
• p d p � p
o o cs H => >?
N 7 O T O C _r_� O d
y o Z E
tY m F w �> z LL �> z C1a > z = E > z
wa LLti C) S¢
32100HUNTINGTON BCH 592 113 19.1 41 63 50 41 48 42 31 65
32101HUNTINGTON BCH 542 118 21.8 82 20 40 42 41 40 34 57
32102HUNTINGTON BCH 509 192 37.7 125 54 104 50 96 60 65 94
32103HUNTINGTON BCH 839 116 13.8 49 56 44 54 46 39 63
32106HUNTINGTON BCH 702 166 23.6 88 61 86 55 76 62 43 100
32109HUNTINGTON BCH 707 197 27.9 132 40 92 56 96 57 66 102
32110HUNTINGTON BCH 696 197 28.3 125 47 91 68 90 67 51 -109
32141HUNTINGTON BCH 952 286 X0 224 36 158 88 147 98 97 151
32142HUNTlNGTON BCH 815 243 29.8 153 63 116 83 99 98 66 141
32143HUNTINGTON BCH 507 20540.4 1 C4 64 74 83 67 86 43 122
32144HUNTINGTON BCH 675 244 36.7 32 114 79 100 91 63 143
32145HUNTINGTON BCH 916 312 34.1 225 59 168 97 151 105 108 167
32146HUNTINGTON BCH 933 257 27.5 185 63 130 98 135 94 73 165
32147H.UNTINGTON BCH 501 211 42.1 96 93 89 72 94 74 53 126
32149HUNTINGTON BCH 756 255 33.7 176 62 119 101 124 96 80 146
32150HUNTINGTON BCH 838 286 34.1 213 56 131 116 138 109 86 170
32151HUNTINGTON BCH 477 201 42.1 117 68 80 91 78 90 33 147
32152HUNTINGTON BCH 951 140 14.7 83 49 73 49 67 53 57 67
32153HUNTINGTON BCH 653 231 35.4 164 51 106 87 106 83 81 121
32154HUNTINGTON BCH 725 1 0.1 1 0 0 1 0 1 1 0
32155HUNTINGTON BCH 647 255 39.4 166 60 110 101 118 91 73 149
32157HUNTINGTON BCH 791 300 37.9 214 68 130 125 126 127 69 191
32158HUNTINGTON BCH 721 228 31.6 165 43 98 95 99 95 65 134
32159HUNTINGTON BCH 821 306 37.3 226 67 149 108 142 112 81 181
32160HUNTINGTON BCH 984 136 13.8 71 59 65 59 74 47 37 89
32161HUNTINGTON BCH 907 208 22.9 1110 79 107 73 105 75 69 114
32162HUNTINGTON BCH 482 174 36.1 115 52 77 82 78 82 40 125
32163HUNTINGTON BCH 545 187 34.3 132 48 91 76 85 80 57 110
32165HUNTINGTON BCH 1034 305 30.4 2^2 77 157 100 147 108 100 153
32166HUNTINGTON BCH 693 201 29.0 127 65 93 86 88 94 61 125 -
32167HUNTINGTON BCH 658 165 25.1 85 74 94 53 80 64 53 96
32169HUNTINGTON BCH 907 196 21.6 125 61 116 55 - 105 66 71 106
32170HUNTINGTON BCH 601 212 35.3 145 57 95 89 97 88 66 124
32171HUNTINGTON BCH 913 195 21.4 121 61 82 92 89 82 56 119
32173H.UNTINGTON BCH 1012 258 25.5 167 72 128 85 122 91 100 123
32174HUNTINGTON BCH 878 289 32.9 95 174 109 135 105 137 50 193
32175HUNTINGTON BCH 820 297 362 199 71 138 120 127 124 115 148
32176HUNTINGTON BCH 907 285 31.4 226 50 149 97 136 113 92 .161
32177HUNTINGTON BCH 912 225 24.7 129 75 100 78 98 80 64 123
32178HUNTINGTON BCH 693 96 13.9 40 51 45 41 42 42 22 61
32179HUMINGTON BCH 899 271 30.1 209 54 - 134 105 148 93 93 160
32180HUNTINGTON BCH 855 269 31.5 169 92 110 134 100 139 81 166
32182HUNTINGTON BCH 845 292 34.6 201 77 111 155 121 139 69 195
32184HUNTINGTON BCH 806 255 31.6 155 84 109 109 119 103 55 167
32186HUNTINGTON BCH 857 230 26.8 148 71 96 105 111 94 65 142 -
32188HUNTINGTON BCH 878 264 30.1 173 83 125 114 121 118 60 181
32190HUNTINGTON BCH 596 162 27.2 108 42 66 71 64 70 36 104
32191HUNTINGTON BCH 725 242 33.4 125 103 112 95 113 97 64 154
32193HUNTINGTON BCH 744 244 32-8 165 68 114 105 108 109 66 168
32194HUNTINGTON BCH 836 189 22.6 81 89 93 64 93 65 61 103
32195HUNTINGTON BCH 943 235 24.9 150 56 110 90 110 91 69 141
32196HUNTINGTON BCH 916 167 182 84 56 89 49 80 54 49 94
32197HUNTINGTON BCH 906 221 24.4 133 73 99 101 107 87 69 133
32198HUNTINGTON BCH 550 214 38.9 147 54 125 71 120 73 67 124 _
32200HUNTINGTON BCH 918 285 31.0 183 78 140 107 133 111 99 153
32204HUNTINGTON BCH 503 143 28.4 88 45 65 57 65 52 31 95
32205HUNTINGTON BCH 424 120 28.3 72 43 54 54 57 52 27 86
32207HUNTINGTON BCH 907 220 24.3 119 91 94 96 112 78 64 125
32208HUNTINGTON BCH 1024 304 29.7 230 45 144 106 135 108 93 167
32209HUNTINGTON BCH 694 231 33.3 175 38 103 96 105 89 58 146
32232HUNTINGTON BCH 800 202 25.3 127 68 104 79 102 79 62 123
Z2247HUNTINGTON BCH 880 357 40.6 236 93 - 191 120 189 120 116 199
32265HUNTINGTON BCH 732 193 26.4 134 50 80 91 82 85 35 139
32266HUNTINGTON BCH 742 283 28.1 197 60 134 111 127 110 99 150
32267HUNTINGTON BCH 611 188 30.8 122 48 87 72 95 60 61 105
32269HUNTINGTON BCH 659 234 35.5 163 50 125 74 110 91 76 129
32270HUN7rINGTON BCH 775 297 38.3 206 76 129 131 131 128 87 181
32278HUNTINGTON BCH 679 66 9.7 24 31 39 16 41 15 21 42
32280HUNTINGTON BCH 55t 233 42.3 41 182 98 95 102 98 55 154
W W W u W W W N W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W lJ N N N N N N N N N N N N N N N N N u u u u u u u N H N N N N N N N N N N W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IJ N N N N N N 1.1 N
W W W W W W W W W W W W�W W W W W W W W W IJ IJ N N 1.1 IJ l.1
O b b b b m(D V V V V_V V w 'm (1 A T v�Af 0o 0p
S T T T S T I T T T[T T T T S''r T.T. T T T S S T1 T T T. T T T T T T T T S T S 871.T T t.T. 'r T 2 T T r TT W.12 7
C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C c C C c cc C C C C CCCCCCCCCCCCC
-1 6 cj 01c, c'a7� fA W 1U W 6 OI W6 W�W W 0i 0 �OO 1U M 1!-1 0cL�1 0cl�1 0Y)6
l0 6W-1, J.
zzzzzzzzzzzzzzzzzzzzzzz z- zzzzzzzzzzzzzzzzzzzzz zc1-sf zc^I.z�-i1 zt-,1 zzzzzzz z zzzzzOzz- zz zO z
W00O0WW000mbW U 00]070�-1
0700000
00 70
0000
0000000770070700000
070
0000000
000
70000000070
070
00
07000
1
�NN �alloO
(lA C1 l7 N
S S S S T T S S 2 S S S 2 2 2 2 2 2 2 2 2 2 S 2 2 2 2 2 2 S 2 2 2 T S T 2 2 2 T S S S 2 2 2 2 2 2 2 2 2 S 2 2 2 2 2 S S S S S 2 2 2 2 T 2 N
O
O V
N N
P
Roglstratlon
WW1 pWo �p Epp pa pW�pyo W W imp pWo p�(� ppDp�p pW�p Epp{,�{Q�p qO 11V� po(.1
W 1NN
0 N N J 1w0 1m0 m+01 N 8 W W 1W0 W A U O A N Old A w A 1W0 W OD A b V V m N m
Ballots Cast
m(N1 bV1 N1101 1+n O1+ W N +NW U + iO i01�pp WOWN N+N O N(A W Nv rN 8N ON p(NJ N"2 NNp O1(.p,pp mN NA NA NA V togJ N0f NN N N(p.1 N N pNp 1p NV 1p1 NP� Ny+N
(n O 1O m 01 f.1 Oo J A V ut W 01 m W A V NVN++N N m N, m gu, mN O W 8 W N is U NG N VA W O NN N, N A u, VA
Turnout
U IJ m OuNP m Ip I-'O O N O O Ot/ V VN (%)
U1 tp O V O J m 1p Ole V{J V O V'V W W V+O CO V V O O OI IO O N-+W m b A m m tJ+A U1 P O ut+IJ
EE•Cily of Hunt Beach O
NN _ Property Rights Protect.
m I"W V N b m p N N p�pNp l.� UU11 OI yN1 V b j b V N N N OD OI m OI N llyy NN((nn V l,�J 1D 1p OI pN pp11 p1(.1 p 01 01 A p�.1
JmOm 01 W W O m W N01�V Om01 In A bm NO W W V 10N O01O JNOO+ W N O N W 01O m W N W U10DmNN JOOO000101 Yln J yes
3 z
W M
yy11 pppp p1 pp 10 UU�1 �p PP,, pp pppp pp11 No � 0
bN A A W+OOD IANOOYI V O'W NfO ANNOut+O OVim lmil lmO W N(mll allo W NN/Wi1m UWib W IuONP vb wNm`rP OAi A W m01 U1 mJbf.1bOm1ON Omm+N N C
N ?
O z
O
N
'fl
FF•City of Hunt Beach M. >
pp A Y UU11 m A N�,1 V+b W m b v ODO NUI V + 0' + : ' + l N C OInlfe6irUCt.Fund
W1mm Dm UUWA �O N0bmpW V 0WNv 0
J 0V W mWYes
2 m Z
UU11,�11 yy yl,1 ((�/� UU�1 p1 U� {{�� .�1f Q pp pppp,pppp �p ��1l N1�,�lpp ppop(U�1N�. NN pppp OOpp pppp pp11 pp pp�lpp N pp�l..11 pp UU11 N�1 pp No s .. O
IJl1+N N 01 J OI O m W V N N m N W O 01 O A N OOo N W OI OI UI N N O O O 10+1 N l+0 0^A,W W Am 01.Vi 10 b U1 O b N U1 W 1O W W NNNN O.O N W m OI+O ID Q, 0 T .
C
m O
3 N
GG.City of Hunt Beach
b(.,0 0 0 1D p W J+pp N W V 01 V W b V p +N N T+b W J+W A +++--.,1 N b O A V N+b'V O N N p O b V J d1 Adv.InlrasUUllllly Tax
AA O O A O1 P P Oo O b UI In W V m P W A UI N UI W N N A N m U1 m A W OD N N A m V 10 O V U1 N lO t0 O O+A N A+UI V O V N 1O V1 1C A 10 U1 Yea
lbpp,�11 pp{U�1 pp�1 UU11 pp11 UU11 ++�1 AA pppo pp mm��pp �1 pppp �p _ m pp p pppp No
A b Ol A lVl1 lu0 W N ip 1Wp+1 O+O V OI O W V W 001 O V W O ImO W OV OOi W N W+1 V Oo N O U m OJ1 N�A N ONi ON•+�(l1 O W E 001 W 4 m 0 W V+N N V P 01 UWi V 01+
till-City of Hunt Bosch
p NN UU1 UU�1 pppp��pp pO11 UU11 ll��1
01U 01b W V V A 01J01O W UUW�1�1App ppU111 W OI ' ppIO11 O V P pW1 UA�1p'(11 1b A 1OIO IO10(n AfAJppm�1(0�1 ppDD ppaa p� p1�1 p1 An,ondmonllUlllily Tan
VN N ((WJ 8O VU NVA V�bAWWNpNN V tm0lme01mmOu1m0OAONUuIO V 01 Yee
pp11 pp�� 1p1p�� �p �p pp U� pa� l—� N �- -p� No
J IWO b V A N A IVO A V W V N 10 U N m 10 OOi m W A A N 00 A 01 O Al fm0+V W OOD A'W ImO N W A mb lmll J N W b W Out A N IWO W O W N W O O1 0o IQN/ml1 u O IWO O O V
O
W (n
CO
z
W o
N
m O
>S N
• I
�>O
Res. No. 2002-20
3/22/2002 17:24 ORANGE COUNTY STATEMENT OF VOTES 799 Of 803 Ex. A
March 5,2002 March 5,2002 Primary Election
City of Huntington Beach
74
I
9
L
m L q
_ —
lX
o �
to 7 O a O C m O O
C m F3 w °} z LL �} z° t7y> z x E> z
w Q. u.C) I 10< iS Q
32412HUNTINGTON BCH 935 368 39.4 238 100 192 123 182 129 133 194
32413HUNTINGTON BCH 859 225 262 149 54 103 aa 111 76 77 115
32414HUNTINGTON BCH 499 182 36.5 131 42 69 95 76 87 49 120
3241SHUNTINGTON BCH 570 2T7 48.6 191 67 1S3 95 155 94 110 139
32416HUNTINGTON BCH 842 200 23.8 125 63 98 75 97 79 58 122
Precinct Totals 108188 31180 28.8 19659 9420 14665 12204 14S71 12116 9011 1863
Absentee Totals 108188 11713 10.8 7854 3138 6649 3463 6756 3282 4097 6339
Grand Totals 108188 42893 39.6 Z751 12558 21314 15667 21327 t5398 13098 24974
Res. No. 2002-20
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 1st
clay of April, 2002 by the following vote:
AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
dmz�
City Clerk and ex-officio Cferk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT
3
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5,2002, by a measure which states that the revenue to be raised is for the purpose of
infrastructure,as said term is defined in this paragraph,shall be placed in a separate fund
entitled "Infrastructure Fund." The term "Infrastructure" shall mean long-lived capital assets
that normally are stationary in nature and normally can be preserved for significantly greater
number of years. They include storm drains,storm water pump stations, alleys,streets,
highways,curbs and gutters,sidewalks, bridges,street trees, landscaped medians, parks, beach
facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways,and all
public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall
accrue to that account. Monies in said Fund shall'be utilized only for direct costs relating to
infrastructure improvements or maintenance,including construction,design,engineering,
project management,inspection,contract administration and property acquisition. Monies in
said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance,for the five- (5)year period of 1996 to 2001,is and was 14.95%. Expenditures for
infrastructure improvements and maintenance,subsequent to 2001,shall not be reduced below
15% of general fund revenues based on a five-(5)year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its
findings to the City Council prior to adoption of the following fiscal-year budget.
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in
the city on the first Tuesday after the first Monday in November in each even-numbered year.
(12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal elective
officers. The provisions of the Elections Code of the State of California, as the same now exists or
hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict
with the provisions of this Charter.
g:Jcitycharter/citycharter2002.doc
Section 704.NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE.VIII
MISCELLANEOUS
Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive
of the City shall continue to hold such offices until the completion of their current terms and the election
or appointment and qualification of their respective successors under this Charter. All boards,
commissions and committees presently in existence shall continue to act in accordance with their original
grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their
activities or for one year,whichever occurs first. All lawful ordinances,resolutions, rules and regulations,
and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent
herewith, are hereby continued in force until the same shall have been duly repealed,amended, changed
or superseded by proper authority.
Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of l-hintington Beach and "department," "board," "commission," "agency,"
"officer," or "employee" is a department, board, commission, agency, officer or employee, as the case
may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) "Person" includes firm and corporation.
Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and
shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars($500)or by
imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each
day that any such violation continues shall constitute a separate violation.
Section 803.PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other consideration
payable to the owner in connection with the sale,lease, rent,exchange or other transfer by the
owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution,administrative regulation or other action of the City to establish,continue,
implement or enforce any control or system of controls on the price or other terms on which
real property in the city may be offered,sold,leased, rented,exchanged or otherwise
transferred by its owner. The words "real property" as used in subsection (a) refer to any
g:/citycharter/citycharter2002.doc
CITY OF HUNTINGTON BEACH
Inter-Department Communication
To: CONNIE BROCKWAY, City Clerk
!� Y
From: GA.IL HUTTON, City Attorney
Date: June 19,2002
J
Subject: RLS No. 2002-0317. Possible Typographical Error Regarding City of
Huntington Beach Charter$ 700 (Related to RLS No. 2002-0240)
We have reviewed all of the materials that you attached to your RLS No. 2002-0317.
It appears to us that the City's voters, at an election held on November 2, 1982,
amended, inter alia, City Charter § 700, to read:
"Section 700. GENERAL MUNICIPAL ELECTIONS.
General municipal elections shall be held in the city on the
first Tuesday after the first Monday in November in each
even-numbered year."
Prior to the 1982 election, Section 700 read as follows:
"Section 700. GENERAL MUNICIPAL ELECTIONS.
General municipal elections shall be held in the city on the
second Tuesday after the first Monday in April in each
even-numbered year."
A copy of the cover page of the City's Charter is attached hereto as Exhibit A. A copy
of page c-19 of the Charter, showing the present phraseology of Charter § 700, is
attached hereto as Exhibit B.
There appear to be two clerical errors. First, the correct date of the 1982 consolidated
election was November 2, 1982;not December 9, 1982. This error is reflected on both
Exhibits A and B.1 Second, the language found in Section 700 (see Exhibit B) is
incorrect and does not comply with the change made to this section by the voters in
1982.
We recommend that you correct these two clerical errors in the original of the City's
Charter, over which you maintain control. As part of your correction to Section 700,
you might want to eliminate any reference to the date of the 1982 election. In
If the dates set forth on the Charter's cover page are not election dates,but rather the dates the Secretary of State
certified the election results,then no error has occurred. However,would it not be prudent to list only election dates
on the Charter's cover page?
rjw/02memo/RLS 020317 Charter Typo/jn
Connie'Brockway
June 19, 2002
Page 2 of 3
reviewing the entirety of the Charter,we found only three other references to an
election date: (1) at the very end of Charter § 310; (2) at the very end of Charter
§ 31 l; and(3) at the very end of Charter § 612. We are wondering whether all
references to election dates should be eliminated from the original charter inasmuch as
all past election dates,that involved a change to the Charter, are set forth on the
Charter's cover page (see Exhibit A). Maybe these three additional clerical corrections
should also be made to the original Charter.
We also reviewed Charter § 310, which lists all of your duties and powers as City
Clerk. Although we found no specific authority authorizing you to make minor
changes to the Charter in order to correct clerical errors,we feel such power is implied
from two subsections contained in Charter § 310: specifically, subsection (b), under
which you are required to maintain the City's"separate books;" and subsection(h), in
which you are placed in charge of all City elections.
We also recommend that you advise the City Council, as well as the City
Administrator, in writing, as an informational item(perhaps a"Receive and File"
Memorandum), of the minor changes that you intend to made to the Charter in order to
correct these clerical errors. We suggest that this be done before you actually make the
corrections, to see if there is any feedback. We do not feel that it is necessary for you
to agendize the item and obtain formal City Council approval before making these
corrections. Please feel free to attach a copy of this memorandum to your
informational report to the City Council and City Administrator.
The City's Charter also contains a provision allowing you, as City Clerk,to correct
typographical or clerical errors found in ordinances. In this regard, Charter § 500(b)
states:
"(b) Adoption. A regular ordinance shall be adopted only at a
regular or adjourned regular meeting held no less than five days
after its introduction. In the event that.any ordinance is altered
after its introduction, it shall be finally adopted only at a regular or
adjourned regular meeting held no less than five days after the date
it was so altered. The correction of typoggphical or clerical errors
shall not constitute the making of an alteration within the meanin.
of the foregoing sentence. . . ." (Emphasis added.)
Under Charter§ 500(a), you, as City Clerk, must"attest"to all ordinances that are adopted by
the City Council. The dictionary definition of"attest"means: "to affirm to be correct, true or
genuine; to certify by signature or oath; to certify in an official capacity." The American
Heritage Dictionary, copyright 1982, at p. 140. It seems to us that under your"attestation"
authority contained in Charter § 500(a), you have the power, as City Clerk, to correct
typographical or clerical errors found in duly adopted ordinances, without such corrections
constituting an"alteration" of the ordinance; thus requiring subsequent City Council approval
under the above-quoted provisions of Charter § 500(b).
rjw/02memo/RLS 020317 Charter Typo/jn
Connie Brockway
June 19, 2002
Page 3 of 3
Charter§ 500(a)presents an analogous situation to Charter§ 310,which lists your duties and
powers as City Clerk. If you, as City Clerk, under Charter § 500(a),possess the authority to
correct typographical or clerical errors found in duly adopted City Council ordinances,we
similarly feel that Charter §§ 310(b) and (h) gives you the authority to make such typographical
or clerical error corrections to provisions of the City's Charter.
We are also returning to you all of the materials you sent us under cover of your RLS
No. 2002-0317.
We would be happy to answer any questions that you might have in this matter.
GAIL HUTTON
City Attorney
Exhibits as noted
rjw/02memo/RLS 020317 Charter Typo/jn
ATTACHMENT 4
GROUP® SIDE B CARD 3 SIDE A
25
ORANGE COUNTY—NOVEMBER R, 11982
' SAM
OFFICIAL BALLOT'- EIALI
PRECINCT
FOR THE FIRST-TIME HOME BUYERS Cp GROUP 82S
BOND ACT OF 1982.This act provides
for a bond issue of $200,000,000 to
provide funds for financing housing.
aK EOL�
t�
AGAINST THE FIRST-TIME HOME BUY- ® :
ERS BOND ACT OF 1982. This "
® act provides for a bond issue of �o
$200,000,000 to provide funds for
financing housing. o
� SCHOOL
PUBLIC PENSION FUND INVESTMENT. SEAL BEACH SCHOOL DISTRICT
Permits Legislature authorizing larg-
O er percentage Investments in specified YES ® Reorganization of Seal Beach School Dis-
types of common stock. Prescribes trict such that the entire territory of c
fiduciary investment standards: Fiscal im- °'"°"°•; o
the district becomes a part of Los YES
pact: if implemented, could result in NO ® Alamitos Unified School District;and cam• °,°^it
opportunities for increased earnings, ac- at the same time, the entire territory of
companied by greater risk to the partici- Seal Beach School District is removed from NO
pating funds, which could entail capital the Huntington Beach Union High School `��•'°�� o
p losses to the funds. District.
p TAXATION. REAL PROPERTY VALUATION. CITY TO MARK YOUR RI
7 Allows Legislature to exclude con-. MAKE A BUCK INK M,
struction of specified fire sprinkler YES ® CITY OF HUNTINGTON BEACH
or alarm systems from "newly con- TIDE RED VOTIN6 BOX.
strutted" definition. Fiscal impact: le Shall Huntington Beach City Charter MARKIR6 PEN PROVID
Sections 300 and 700 be amended YES
impact until implemented. When imple-
merited: Unknown local government loss
of property tax revenues and increased NO L to'change thange the date for general munic- TO vote your ballot, use
® ipal elections from the second
appraisal costs. Unknown increased state Tuesday in April to the first Tuesday after ing pen furnished at
=1 costs to offset revenue losses of schools,
community colleges, and, possibly, other the first Monday in November of each NO Make a mark to fill in
p local governments. Minor increased state even-numbered year, to be consolidated in any office or'measui
with the statewide general election?
income tax revenues due to lower property to vote. On this sample
tax deductions.
boxes are printed in t
TEMPORARY TRANSFER OF FUNDS BY official ballot the votim
LOCAL GOVERNMENTS FOR NIAINTE- printed in red. It is n!
NANCE. Changes limit and repay- YES
ment bases from accruing. "taxes" in the red voting bo;
0 to anticipated "revenues" Fiscal impact: NO ® make a black mark rfit.
No direct fiscal impact. As described by
Analyst, it could reduce interest costs of to fill in most of the %
borrowing agency and, conversely, reduce use a ball point pen or
interest normally otherwise earned by
p nonborrowing agency. pen except the one fur
SCHOOL TEXTBOOKS. NONPUBLIC ing place.
SCHOOLS. Authorizes provision of For persons voting in th
textbooks on a library-type loan YES
basis to nonpublic school pupils not fold the ballot cai
under specified conditions. Fiscal impact: - OU vote. leave it flat,
No impact until implemented. When im- NO ® Y
plemented, state annual costs could ex- curity folder, and returl
t= teed $4 million for similar program to officer at the polling pl,
1980-81 in grades K-8, and $1 million in
grades 9-12 Unknown administrative costs. You may Use the marki
UNIFYING SUPERIOR, MUNICIPAL, JUS- the name of any qualif
10 TICE COURTS. Legislature may pro- date, but you must alsl
vide for unification of courts within
a county after county electors' ma- box following any name
jority vote. Fiscal impact: No Impact until
® implemented. When implemented, state YES ® INSTRUCTIONS 1
and/or county increased salary and re-
tirement costs for judges elevated, and NO • ® To vote for a candidate
unknown administrative costs or savings,
which could vary substantially between lice of the Supreme Co
counties. lice,Court of Appeal;of
® Court of Ap
peal, make
BEVERAGE CONTAINERS. Requires each fill in the red voting b
11 have refund value of five cents or "Yes", to the riqht of
more that must be paid on return of YES CM
empty container. Fiscal impact: Net candidate. To vote agaii
fiscal effect cannot be determined. Could make an Ink mark t0 fil
be reduced litter cleanup and solid waste NO
disposal costs and an unknown Increase or box after the word "Ni
® decrease in tax revenue collections. See the name of that candl
Analyst's estimate for discussion of
variables. To vote for any other
NUCLEAR WEAPONS. Requires Governor YES ® selection, make an in
12 write President urging proposal to the red voting box tc
Soviets to jointly halt nuclear weap- NO
ons testing, production, and develop- candidate's name. Wh
® ment. Fiscal impact: No direct fiscal candidates for the sam
effect.
elected, make an ink i
WATER RESOURCES. Adds statutes
regarding Interbasin conservation red voting box t0 the
13 programs, allowed instream appro-YES' ® didate for the office fo
priations,Stanislaus River water uses,
® and critical groundwater overdraft regula- to vote, not to exce6
tion. Fiscal Impact: Overall fiscal effect number of candidates
cannot be determined. Could result in
$1.48 million annual costs for 6 years to NO ® Use the marking pen to
State Water Resources Control Board;+ 4 1— Of any Qualified write
....,...-..... ..,.....,f.,.. ..rl..,t..L,..,h,..
A TTACHMENT 5
RESOLUTION NO. 5140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON NOVEMBER 2, 1982 FOR
SUBMISSION TO THE QUALIFIED ELECTORS OF SAID
CITY OF A PROPOSED CHARTER AMENDMENT
WHEREAS, pursuant to authority provided by Article XI of the
Constitution and Title 4, Division 2 , Chapter 3 of the Government
Code of the State of California, the City Council of the City of
Huntington Beach desires to submit to the electors of said city a
proposed charter amendment relating to the holding of general
municipal elections; and
The City Council of said city is thereupon authorized and di-
rected by statute to submit the proposed Charter amendment to the
qualified voters ,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby resolve, declare, determine and order as follows :
SECTION la That , pursuant to Article XI of the Constitution
and Title 4 , Division 2, Chapter 3 of the Government Code of the
State of California, there shall be, and there is hereby called and
ordered held in the City of Huntington Beach, County of Orange,
State of California, on Tuesday, November 2, 1982, a special mu-
nicipal election of the qualified electors of said city for the
purpose of submitting the following proposed Charter amendment
to wit :
Shall Huntington Beach City Charter
sections 300 and 700 be amended to
change the date for general munici- YES:
pal elections from the .second
Tuesday in April to. the first Tuesday
after the first Monday in November of
each even-numbered year, to be con- NO .
solidated with the statewide general
election?
ahb
7/8/82 le
SECTION 2. The proposed Charter amendment submitted to the
voters shall be as follows :
Section 300. CITY COUNCIL, ATTORNEY , CLERK AND TREASURER.
TERMS. The elective officers of the city shall consist of a
City Council of seven members, a City Clerk, a City Treasurer
and a City Attorney, all to be elected from the city at large at
the times and in the manner provided in this Charter and who
shall serve for terms of four years and until their respective
successors qualify.
Subject to the provisions of this Charter, the members of
the City Council in office at the time this Charter takes effect
shall continue in office until the expiration of their respec-
tive terms and until their successors are elected and quali-
fied. Four members of the City Council shall be elected at the
general municipal election held in 1966, and each fourth year
thereafter. Three members of the City Council shall be elected
at the general municipal election held in 1968 , and each fourth
year thereafter. No person shall be elected as a member of the
City Council for more than two consecutive terms and no person
who has been a member for more than two years of a term to which
some other person was elected a member shall be elected to the
City Council more than one further consecutive term.
Subject to the provisions of this Charter, the City Clerk,
City Treasurer and City Attorney in office at the time this
Charter takes effect shall continue in office until the expira-
tion of their respective terms and the qualification of their
successors. A City Clerk and City Treasurer shall be elected
at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and
each fourth year thereafter.
The term of each member of the City Council, the City Clerk,
the City Treasurer and the City Attorney shall commence on the
first Monday following his election. Ties in voting among candi-
dates for office shall be settled by the casting of lots .
Section 700 . GENERAL MUNICIPAL ELECTIONS. General munici-
pal elections shall be held in the city on the first Tuesday
after the first Monday in November in each even-numbered year.
SECTION 3. That the ballots to be used at said election shall
be, both as to form and matter contained therein, such as may be
required by law to be used thereat.
SECTION 4. That the polls for said election shall be open
at 7 a.m. of the day of said election and shall remain open con-
2.
tinuously from said time until 8 p.m. of the same day when said
polls shall be closed, except as provided in section 14301 of
the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this
resolution, said election shall be held and conducted as provided
by law for holding municipal .elections in said city.
SECTION 6e That notice of the time and place of holding
said election is hereby given and the City Clerk is hereby au-
thorized, instructed and directed to give such further or addi-
tional notice of said election in time, form and manner as re-
quired by law.
SECTION 7. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original resolutions of said city; and shall make a minute of
the passage and adoption thereof in the records of the proceedings
of the City Council of said city in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of July 1982.
Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
s j�� 1,t,0 Izz
City Clerk City Attorney �S
REVIEWE ND APPROV D:
City Admin strato
3•
Res. No. 5140
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City- of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of July 19 82 by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Finley
NOES: Councilmen:
Bailey, Kelly
ABSENT: Councilmen:
Mandic (Thomas out of room)
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
RCA ROUTING
INITIATING DEPARTMENT: City Clerk's Office
SUBJECT: _-City Charter
COUNCIL MEETING DATE: April 7, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (Initial) ( ) ( )
City Administrator Initial g4zzo,
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
g e`er
RCA Author:
1
Tw
t
`r ING
mammon
r
COUNTY, 0
Incorporated, February 17, 1909
THE COMMON SEAL OF THE CITY OF HUNTINGTON BEACH SHALL BE
CONSTRUCTED AS TO MAKE THE FOLLOWING IMPRESSION: A CIRCLE
WITH A CENTERPIECE CONSISTING OF A VIEW OF OCEAN WAVES, WITH
THE OUTLINE OF CATALINA ISLAND, AS SEEN FROM THE CITY OF
HUNTINGTON BEACH, IN THE BACKGROUND, AND WITH THE WORDS"CITY
OF HUNTINGTON BEACH, ORANGE COUNTY, CALIFORNIA, INCORPORATED
FEBRUARY 17, 1909, A.D." SURROUNDING SAID CENTERPIECE AND NEAR
THE INSIDE MARGIN OF SAID CIRCLE. (ORDINANCE NO. 3 - ADOPTED
2/23/09)
Revised March, 2002
CITY OF HUNTINGTON BEACH
CITY CHARTER
ice• �
XIN
'00UN
Incorporated,February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified-Res. 773 Results 5/3/37..:.................5/17/37
Amendments.......................................•.••••.........•.•....•.....2/2/40
Amendments..................................................................1/29/47
Amendments....•...•.............................................••.........1/27/49
Amendments.......................................................... 5/9/49
Revised ..5/1/50
New Charter...........................•--•----...------......................2/10/66
Amendments......................••--............------..........-•--•-••...1/18/71
Amendments...................................................................6/5/75
Amendments.......................•----...-•-•-•---------•-•-•••-••--••....12/10/76
Amendments..................................................................7/17/78
Amendments..(Consolidation November)................................12/9/82
Amendments.................................................................1 2/7/84
Amendments.............................................••---••----••••-•--.12/7/90
Amendments....................•-----•-------- ........--------........4/22/02
t
CITY CHARTER
TABLE OF CONTENTS
ARTICLE I.INCORPORATION AND POWERS OF THE CITY
Section 100.Name
Section 101. Seal
Section 102.Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II.FORM OF GOVERNMENT
Section 200. Council-Administrator Form of Government
ARTICLE III.ELECTIVE OFFICES
Section 300.City Council,Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303.Meetings and Location
Section 304. Quorums,Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306.Mayor Pro Tempore
Section 307.Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney.Powers and Duties
Section 310. City Clerk.Powers and Duties
Section 311. City Treasurer.Powers and Duties
Section 312. Vacancies,Forfeitures and Replacement
Section 313. Conflict of Interest,Nepotism
ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Administrator.Composition,Term, Eligibility,Removal
Section 401.Powers and Duties
Section 402. Acting City Administrator
Section 403. Personnel
Section 404. Retirement System
Section 405.Boards,Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment,Adoption,Publication,Amendment,When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
c-1
ARTICLE VI.FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section.601. Annual Budget,Preparation by the City Administrator
Section 602. Annual Budget. Submission to the City Council
Section 603.Annual Budget.Public Hearing
Section 604. Annual Budget.Further Consideration and Adoption
Section 605.Annual Budget Appropriations
Section 606.Determination of City Tax Rate
Section 607. Tax Limits
Section 608.Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
*Section 612.Public Utilities and Parks and Beaches*
Section 613.Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616.Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII.ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702.Procedure for Holding Elections
Section 703. Initiative,Referendum and Recall
Section 704.Nomination Papers
ARTICLE VIII.MISCELLANEOUS
Section 800.Transition
Section 801. Definitions
Section 802. Violations
Section 803.Property Rights Protection Measure
(*) Following is a motion adopted by the City Council on July 11, 1994. Inclusion of this motion on this
page of the Charter is for recordkeeping purposes. Should the City Council rescind this motion,
reference to it on this page of the Charter must be removed: It is the intent of Charter Section 612,
the Measure"C"amendment, that a vote of the people be the final approval of projects approved by
the city for construction on park land or beaches. Therefore, all projects falling under the criteria of
Charter Section 612 must obtain all city approvals prior to being submitted to a.vote of the people.
The cost for the ballot measure shall be borne by the applicant for the project.If the project requires
a lease or otherfinancial consideration, the terms and conditions of the lease and/or financial aspect
of the project shall be included in the information provided for the Charter Section 612 vote. (City
Council Minute Action of July 11, 1994)
c-2
r
CHARTER
We, the people of the City of Huntington Beach, State of California, do ordain and establish this Charter
as the fundamental law of the City of Huntington Beach under the Constitution of the State of California.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100.NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of"City of
Huntington Beach."
Section 101.SEAL. The City shall have an official seal which may be changed from time to time by
ordinance.The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102.BOUNDARIES. The boundaries of the City shall continue as now established until
changed in the manner authorized by law.
Section 103.POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs,subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter,or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances,shall
not be affected thereby.
Section 105.INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by
contract or otherwise, with any one or more states or civil divisions or agencies thereof,or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200.COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal
government provided by this Charter shall be known as the Council-Administrator form of government.
ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS. The elective
officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a
City Attorney,all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter,the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified.Four members of the City Council shall be elected at the general municipal election
held in 1966,and each fourth year thereafter.Three members of the City Council shall be elected at the
c-3
general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term.to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter,the
City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors.A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter.A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election.Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 301.POWERS VESTED IN CITY COUNCIL. All powers of the City shall be-vested in the
City Council except as otherwise provided in this Charter.
Section 302.COMPENSATION. The;members of the City Council including the Mayor shall receive
as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five
Dollars per month.In addition,each member of the City Council shall receive reimbursement on order of
the City Council for Council authorized traveling and other expenses when on official duty upon
submission of itemized expense accounts therefor.In addition, members shall receive such reasonable and
adequate amounts as may be established by ordinance,which amounts shall be deemed to be
reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by
virtue of their serving as City Councilmen.
Section 303.MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such
time as it shall fix by ordinance or resolution and.may adjourn or re-adjourn any regular meeting to a
date and hour certain which shall be specified in the order of adjournment and when so adjourned
each adjourned meeting shall be a regular meeting for all purposes.If the hour to which a meeting is
adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding
regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be
held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the
members of the City Council,by written notice to each member of the City Council and to each local
newspaper of general circulation,radio or television station requesting notice in writing. Such notice
must be delivered personally or by mail at least twenty-four hours before the time of such meeting as
specified in the notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted.No other business shall be considered at such meeting. If any person
entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed
with. Such waiver may be given by telegram.This notice requirement shall be considered fulfilled as
to any person who is actually present at the meeting at the time it convenes. In the event of an
emergency affecting the public peace,health or safety,a special meeting may be called as provided in
this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's
absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern
provided that.the nature of the emergency is set forth in the minutes of the meeting.
c-4
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such
place within the City to which any such meeting may be adjourned.If,by reason of fire, flood or other
emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of
the emergency at such place within the City as is designated by the Mayor, or,if he should fail to act,by a
majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and public,and
all persons shall be permitted to attend such meetings,except that the provisions of this section shall
not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,
no person shall be denied the right to be heard by the City Council.
Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business
but a lesser number may adjourn from time to time.In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same
adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned
by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council
member at least twenty-four hours before the time to which the meeting is adjourned, or such notice
may be dispensed with in the same manner as specified in this Charter for dispensing with notice of
special meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth by the
Charter.It shall judge all election returns. Each member of the City Council shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses,to
examine them under oath and to compel the production of evidence before it. Subpoenas shall be
issued in the name of the City and be attested by the City Clerk. They shall be served and complied
with in the same manner as subpoenas in civil actions.Disobedience of such subpoenas,or the refusal
to testify(upon other than constitutional grounds),shall constitute a misdemeanor,and shall be
punishable in the same manner as violations of this Charter are punishable.The City Council shall
have control of all legal business and proceedings and all property of the legal department,and may
employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal
matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or
prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of
any ordinance,resolution, or order for payment of money,or upon the demand of any member, the
City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in
the minutes of the meeting.
Section 305.PRESIDING OFFICER. At the Council meeting at which any Council member is
installed following any general or special municipal election, and at any time when there.is a vacancy in
the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,
who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and
vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes;
shall have the primary but not the exclusive responsibility for interpreting the policies,programs and
needs of the City government to the people,and as occasion requires, may inform the people of any major
change in policy or program; and shall perform such other duties consistent with the office as may be
prescribed by this Charter or as may be imposed by the City Council.The Mayor shall serve in such
capacity at the pleasure of the City Council.
c-5
Section 306.MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore,who shall serve in.such capacity at the pleasure of the City Council.The Mayor Pro
Tempore shall perform the duties of the:Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter,no member of the City Council shall order, directly or indirectly, the appointment by the
City Administrator,or by any of the department heads in administrative service of the City,of any person
to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry,
the members of the City Council shall deal with the administrative service under the jurisdiction of the
City Administrator solely through the City Administrator,and no member of the City Council shall give
orders to any subordinate of the City Administrator,either publicly or privately.
Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts
and terms of the official bonds of all officials or employees who are required by this Charter or by
ordinance to give such bonds.All bonds shall be executed by responsible corporate surety,shall be
approved as to form by the City Attorney, and shall be filed with the City Clerk.Premiums on official
bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the
required separate bond would provide.
In all cases wherein an employee of the;City is required to furnish a faithful performance bond,there shall
be no personal liability upon,or any right to recover against,the employee's superior officer or other
officer or employee or the bond of the latter,unless such superior officer,or other officer or employee is a
party to the act or omission,or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY.POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall be an attorney at law,duly licensed as such under the laws
of the State of California, and shall have been engaged in the practice of law in this State for at least three
years prior to his election or appointment.The City Attorney shall have the power and may be required
to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their
offices.
(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of
this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute,unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned
or is a party,and represent and appear for any City officer or employee,or former City officer or
employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of his employment or by reason of his official capacity.
(d) Attend all regular meetings of the City Council,unless excused, and give his advice or opinion orally
or in writing whenever requested to do so by the City Council or by any of the boards or officers of
the City.
(e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing
his approval thereon in writing-
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto.
c-b
f
g) Devote such time to the duties of his office and at such place as may be specified by the City Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be
necessary.
(i) Surrender to his successor all books,papers, files,and documents pertaining to the City's affairs.
Section 310.CITY CLERK.POWERS AND DUTIES. The City Clerk shall have the power and shall
be required to:
(a) Attend all meetings of the City Council,unless excused, and be responsible for the recording and
maintaining of a full and true record of all of the proceedings of the City Council in books that shall
bear appropriate titles and be devoted to such purpose.
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions,with
the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct .
copy,and as to an ordinance requiring publication, stating that the same has been published or posted
in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all books and records in his possession properly indexed and open to public inspection when not
in actual use.
(e) Be the custodian of the seal of the City.
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business
of the City and certify copies of official records.
(g) Be ex officio Assessor,unless the City Council,has availed itself,or does in the future avail itself,of
the provisions of the general laws of the State relative to the assessment of property and the collection
of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
him or act for him, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Clerk shall be three years of relevant work
experience which demonstrates record management skills and practice of administrative procedures.
(1217J84)
c-7
Section 311.CITY TREASURER.POWERS AND DUTIES. The City Treasurer shall have the power
and shall be required to:
(a) Receive on behalf of the City all taxes,assessments, license fees and other revenues of the City,or for
the collection of which the City is responsible,and receive all taxes or other money receivable by the
City from the County, State or Federal governments,or from any court,or from any office,
department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or any office,
department or agency of the City government and deposit or cause to be deposited all funds coming
into his hands in such depository as may be designated by resolution of the City Council,or,if no
such resolution be adopted,then in such depository designated in writing by the City Administrator,
and in compliance with all of the provisions of the State Constitution and laws of the State governing
the handling,depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts,disbursements
and fund balances, and shall file copies of such reports with the City Administrator and City Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution
of the City Council.
The City Treasurer may, subject to the approval of the City Council,appoint such deputy or deputies to
assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
The minimum qualifications for the position of City Treasurer shall be a combination of education and
experience in an area relative to fiscal management. (Charter Amendment 12/7/84)
Section 312.VACANCIES,FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this
Charter,from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council
for a-period of thirty consecutive days from and after the last regular City Council meeting attended
by such member,unless by permission of the City Council expressed in its official minutes,the office
shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or
ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the
existence of such vacancy. Any elective officer of the City who shall accept or retain any other
elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the
office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such
office shall become vacant,the City Council shall forthwith cause an election to be held to fill such
vacancy for the remainder of the unexpired term.
c-8
Section 313.CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations regulating
conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City government any
person who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council,nor shall the City Administrator or any department head or other
officer having appointive power appoint any relative of such person or of any Council member within
such degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however,Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400.CITY ADMINISTRATOR. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Administrator who shall be the chief administrative officer of the
City.
(b) Term. The Administrator shall be appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of the City Council;provided,however,
that the person occupying the office shall not be removed from office except as herein provided.
(c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative
qualifications,with special reference to actual experience in and knowledge of accepted practice as
regards the duties of the office as herein set forth.No person shall be eligible to be appointed City
Administrator or Acting City Administrator while serving as a member of the City Council nor within
one year following the termination of membership on the City Council.
(d) Removal. The City Administrator shall not be removed from office during or within a period of
ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Administrator may be removed only at a regular meeting of the City
Council and upon the affirmative vote of a majority of the members of the City Council.At least
thirty days prior to the effective date of removal,the City Administrator shall be furnished with a
written notice stating the Council's intentions and,if requested by the City Administrator,the reasons
therefor.Within seven days after receipt of such notice,the City Administrator may by written.
notification to the City Clerk request a public hearing before the City Council,in which event the
Council shall fix a time for a public hearing which shall be held at its regular meeting place before the
expiration of the thirty-day period above referred to.The City Administrator shall appear and be
heard at such hearing. After furnishing the City Administrator with written notice of the intended
removal, the City Council may suspend the Administrator from duty,but his compensation shall
continue until removal as herein provided. In removing the City Administrator,the City Council shall
use its uncontrolled discretion and its action shall be final and shall not depend upon any particular
showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the
City administrator to present to each other and to the public all pertinent facts prior to the final action
of removal.
e-9
Section 401.POWERS AND DUTIES. Except as otherwise provided in this Charter,the City
Admimstrator.shall be responsible to the City Council for the proper administration of all affairs of the
City.Without limiting this general grant of powers and responsibilities, the City Administrator shall have
the power and be required to:
(a) Appoint,promote, demote,suspend or remove department heads,officers and employees of the City
except elective officers.However,no department head shall be appointed or removed until the City
Administrator shall first have reviewed such appointment or removal with the City Council and have
received approval for such appointment or removal by a majority vote of the full City Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration
upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the
finances of the City, and annually or more frequently, a current report of the principal administrative
activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and make such
recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices,departments and agencies.
(f) Prepare,administer and enforce rules and regulations recommended to and adopted by the City
Council governing the contracting for,purchase,inspection, storage, inventory,distribution and
disposal of all supplies,materials and equipment required by any office,department or agency of the
City government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the
provisions of this Charter and the ordinances, franchises and rights of the City.
(h) Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees except those directly appointed
by the City Council and prescribe such general rules and regulations as he may deem necessary or
proper for the general conduct of the administrative offices and departments of the City under his
jurisdiction.
(i) Perform such other duties consistent with this Charter as may be required by the City Council.
Section 402.ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the
City Administrator,the Assistant City Administrator shall serve as Acting City Administrator.During any
temporary absence or disability of both the City Administrator,and the Assistant City Administrator,the
City Administrator shall appoint one of the other officers or department heads of the City to serve as
Acting City Administrator.In the event the City Administrator fails to make such appointment, such
appointment may be made by the City Council.
Section 403.PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer,a City
Attorney and City Administrator,the officers and employees of the City shall consist of such other
officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution.
The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by
ordinance or resolution for such offices,officials and employees except as herein provided.
c-10
The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City
Administrator,Assistant City Administrator and any officers designated as elective by the Charter shall
be exempt.The system shall consist of the establishment of minimum standards of employment and
qualifications for the various classes of employment and procedures to be followed in advancement,
demotion,suspension and discharge of employees included within the system, as the City Council shall
determine to be for the best interest of the public service.The ordinance shall designate the appointive
officers and employees who shall be included within the system.By subsequent ordinances the City
Council may amend the system or the list of appointive officers and employees included within the
system,provided,however,that once included within the system, no officer or employee shall be
withdrawn therefrom(unless the office or position is actually abolished or eliminated)without the
approval of such withdrawal at a regular or special election by a majority of the voters voting on such
proposition.The system shall comply with all other provisions of this Charter.
Section 404.RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405.BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish
such boards,commissions and committees as are deemed necessary for the orderly functioning of the
City.'All such boards,commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500.REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION,
AMENDMENT,WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be
taken by ordinance,every act of the City Council establishing a fine or other penalty,or granting a
franchise,shall be by ordinance.The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:."No order for
the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.
Upon introduction and second reading,an ordinance shall be read by title only.Unless a higher vote
is required by other provisions of this Charter,the affirmative vote of at least four of the City Council
shall be required for the enactment of any ordinance or for the making or approving of any order for
the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held
no less than five days after its introduction.In the event that any ordinance is altered after its
introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less
than five days after the date it was so altered.The correction of typographical or clerical errors shall
not constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated by the
City Council within the City and to be published by title with a brief summary at least once within
fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or
the City and circulated in the City,which is selected by the City Council for that purpose.
(d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished
solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date of its
adoption,except the following,which shall take effect upon adoption:
c-11
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or procedural ordinance
relating thereto; .
(3) An ordinance declaring the amount of money necessary to be raised by taxation,or fixing the rate
of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of
valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set
forth herein;however,such regulations and codifications need not be published in the manner
required for other ordinances,but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption.Ordinances codified shall
be repealed as of the effective date of the codification.Amendments to the code shall be enacted by
ordinance.
Section 501.EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace,health,or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced,enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes.
Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503.PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose.No defect or irregularity in proceedings taken under this section shall invalidate
any publication where it is otherwise in conformity with this Charter or law or ordinance.
ARTICLE VI
FISCAL ADMINISTRATION
Section 600.FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless
otherwise established by ordinance.
Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY ADMINISTRATOR. At such
date as the City Administrator shall determine, each board or commission and each department head shall
furnish to the City Administrator,personally,or through the Director of Finance, estimates of the
department's,board's or commission's revenue and expenditures for the ensuing fiscal year,detailed in
such manner as may be prescribed by the City Administrator.In preparing the proposed budget,the City
Administrator shall review the estimates,hold conferences thereon with the respective department heads,
boards or commissions as necessary,and may revise the estimates as may be deemed advisable.
Section 602.ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City
Administrator shall submit the proposed budget to the City Council at least sixty days prior to the
beginning of each fiscal year.After reviewing the proposed budget and making such revisions as it may
deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the
beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior
c-12
to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office
of the City Clerk at least ten days prior to said hearing.
Section 603.ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned,the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604.ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members
of the Council.Upon final adoption,the budget shall be in effect for the ensuing fiscal year.Copies
thereof,certified by the City Clerk,shall be filed with the City Administrator,Director of Finance,City
Treasurer and the person retained by the City Council to perform the post audit function,and a further
copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for
public inspection.The budget so certified shall be reproduced and copies made available for the use of the
public and of departments,offices and agencies of the City.
Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments,offices and agencies for the respective objects and purposes therein named;provided,
however,that the City Administrator may transfer funds from one object or purpose to another within the
same department,office or agency.All appropriations shall lapse at the end of the fiscal year to the extent
that they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget,the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
Section 607.TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar
annually on each One Hundred Dollars of the assessed value of taxable property in the City,except as
otherwise provided in this section,unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors.The number of years that such
additional levy is to be made shall be specified in such proposition.
.(b) There shall be levied and collected at the same time and in the same manner as other property taxes
for municipal purposes are levied and collected,as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and
judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute
general obligations of the City; and
c-13
2. A tax sufficient to meet all obligations of the City for the retirement system in which the City
participates,due and unpaid or to become due during the ensuing fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation,may be made annually,
based on City Council approved estimates, for the following specific purposes,but not to exceed the
following respective limits for those purposes for which limits are herein set forth,to wit:parks and
recreation and human services not to exceed$0.20 per One Hundred Dollars;Libraries not to exceed
$0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed$0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed$0.03 per One
Hundred Dollars.The proceeds of any special levy shall be used for no other purpose than that
specified.
Section 608.VOTE REQUIRED FOR TAX MEASURES. No tax,property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of
the City Council;provided,however,that any tax levied or collected pursuant to Section 607(b)of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license,permit,or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace,health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service,and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
Section 610.BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation,of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds,may.be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
c-14
It shall be competent for the City-to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds,for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or'revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants.Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City
shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted-
(b) No golf course,driving range,road,building over three thousand square feet in floor area nor
structure costing more than$100,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority
of the electors voting on such proposition at a'general or special election at which such proposition is
submitted.
(c) Section 612(a)and 612(b)shall not apply;
(1)to libraries or piers;
(2)to any lease, franchise,concession agreement or other contract where;
- the contract is to perform an act or provide a service-in a public park or beach.AND
- such act was being performed or service provided at the same location prior to January 1, 1989
AND
- the proposed lease, franchise,concession agreement or other contract would not increase the
amount of parkland or beach dedicated to or used by the party performing such act or providing
such service.
(d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment,or any
amendment or revision of this amendment,is for any reason held to be invalid or unconstitutional,the
remaining sections,subsections,parts,subparts,paragraphs,clauses or phrases shall not be affected
but shall remain in full force and effect. (12/7/90)
Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to
bind the City,with or without a written contract,for the acquisition of equipment,materials, supplies,
labor,services or other items included within the budget approved by the City Council,and may
impose a monetary limit upon such authority.
c-15
(b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of
personal property not needed in the City service or not fit for the purpose for which intended, and for
the conveyance of title thereto.
(c) Contracts for the sale of the products,commodities or services of any public utility owned, controlled
or operated by the City may be made by the manager of such utility or by the head of the department
or City Administrator upon forms approved by the City Administrator and at rates fixed by the City
Council.
Section 614.CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure of more than Twenty-five Thousand Dollars($25,000) for the
construction or improvement(excluding maintenance and repair)of public buildings, works, streets,
drains,sewers,utilities,parks and playgrounds,and each separate purchase of materials or supplies for
the same,where the expenditure required for such purchase shall exceed the sum of Twenty-five
Thousand Dollars($25,000),shall be let to the lowest responsible bidder after notice by publication in
accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before
the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids,or if no bids are received,or without advertising for bids if the total amount of the contract
or project is less than Twenty-five Thousand Dollars($25,000),the City Council may declare and
determine that in its opinion,the work in question may be performed better or more economically by the
City with its own employees, or that the materials or supplies may be purchased at lower price in the open
market, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the
total members of the City Council,it may proceed.to have said work done or such materials or supplies
purchased in the manner stated without further observance of the provisions of this section.
All public works contracts exceeding the sum of Twenty-five Thousand Dollars($25,000)may be let and
purchases exceeding the sum of Twenty-five Thousand Dollars($25,000)may be made without
advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City
Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized
by at least five affirmative votes of the City Council. ,
Projects for the extension,replacement:or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615.GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616.INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect,in the fiscal affairs of the City government or any of its officers.The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
c-16
available for inspection by the general public,and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5,2002,by a measure which states that the revenue to be raised is for the purpose of
infrastructure,as said term is defined in this paragraph,shall be placed in a separate fund entitled
"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally
are stationary in nature and normally can be preserved for significantly greater number of years.
They include storm drains,storm water pump stations,alleys,streets,highways,curbs and gutters,
sidewalks,bridges, street trees,landscaped medians,parks,beach facilities,playgrounds,traffic
signals,streetlights,block walls along arterial highways,and all public buildings and public ways.
Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said
Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,
including construction,design,engineering,project management;inspection,contract administration
and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise
encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The
average percentage of general fund revenues utilized for infrastructure improvements and
maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15%
of general fund revenues based on a five-(5)year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an
annual review and performance audit of the Infrastructure Fund and report its findings to the City
Council prior to adoption of the following fiscal-year budget.
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even-numbered year. (12/9/K)
Section 701.SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law,shall be known as special municipal elections.
Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California,as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703.INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal elective
officers.The provisions of the Elections Code of the State of California, as the same now exists or
hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict
with the provisions of this Charter.
c-17
Section 704.NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800.TRANSITION. Elective officers and elective officers whose offices are made appointive
of the City shall continue to hold such offices until the completion of their current terms and the election
or appointment and qualification of their respective successors under this Charter.All boards,
commissions and conunittees presently in existence shall continue to act in accordance with their original
grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their
activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,
and portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent
herewith,are hereby continued in force until the same shall have been duly repealed,amended,changed
or superseded by proper authority.
Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires,as used in this
Charter:
(a) "Shall"is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency,"
"officer," or"employee" is a department,board,commission,agency, officer or employee,as the case
may be,of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) "Person" includes firm and corporation.
Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and
shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars($500)or by
imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each
day that any such violation continues shall constitute a separate violation.
Section 803.PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other consideration
payable to the owner in connection with the sale, lease,rent, exchange or other transfer by the owner of
real property. Any such measure is hereby repealed.
(b) The word"mandates" as used in subsection(a)includes any measure taken by ordinance,resolution,
administrative regulation or other action of the City to establish,continue,implement or enforce any
control or system of controls on the price or other terms on which real property in the city may be
offered,sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real
property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved,
c-18
on which a dwelling unit or residential accommodation is or may be situated for use as a home,
residence or sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code violations,excluding
those caused by disasters, for which a civil or criminal citation has been issued by the City and
remains unabated for six months or longer;
(2) any real property owned by a public entity,and real property where the owner has agreed by
contract with the public entity, including the City and any of its related agencies,to accept a
financial contribution or other tangible benefit including without limitation,assistance under the
Community Redevelopment Law;
(3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real
property and to any real property which the City or any of its related agencies may acquire by
eminent domain,purchase,grant or donation;
(4) any power of the City to require a business license for the sale or rental of real property,whether
for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient
occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or
otherwise required by State law."
Additional Copies of this Charter May be Obtained from the Office of the City Clerk
2000 Main Street, Huntington Beach, CA 92648
c-19