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(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)
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)
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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.
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.
i
ARTICLE IV a.
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.
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(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.
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
cxcept 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. ;
a
(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
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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 ordnance
or resolution for such offices,officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Administrator,Assistant City Administrator and any officers designated as elective by the Charter shall be
exempt. The system shall consist of the 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 apprcW of such
withdrawal at a regular or special election by a majority of the voters voting on such proposition. The
system shall comply-.;ith 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.
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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:
(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.
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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 revi(ions as it may
deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the
beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to
said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of E
-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 i
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
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.....
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
Charter Amendments
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
CITY CHARTER
TABLE OF CONTENTS
ARTICLE 1. INCORPORATION AND POWERS OF THE CITY
Section 100. Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE 11. FORM OF GOVERNMENT
Section 200. Council-Administrator Form of Government
ARTICLE 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
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ARTICLE V. ORDINANCES AND RESOLUTIONS - (Continued)
Section 502. Resolutions
Section 503. Publishing of Legal Notices
ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Administrator
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
* Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
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
a z
Section 800. Transition
Section 801. Definitions
Section 802. Violations
(Amended Charter effective December 7, 1990)
(*) 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 balllot 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 andlor financial aspect of the project shall be included in the information
provided for the Charter Section 612 vote.
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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 j
not be affected thereby. I
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 th%United
States or any agency thereof.
ARTICLE 11
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
CA
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify.
Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter
takes effect shall continue in office until the expiration of their respective terms and until their successors
are elected and qualified. Four members of the City Council shall be elected at the general municipal
election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected
at the general municipal election held in 1968,and each fourth year thereafter. No person shall be elected
as a member of the City Council for more than two consecutive terms and no person who has been a
member for more than two years of a term to which some other person was elected a member shall be
elected to the City Council more than one further consecutive term.
Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the
time this Charter takes effect shall continue in office until the expiration of their respective terms and the
qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal
election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each
fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following 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
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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 Tem in the Mayor's
absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem
provided that the nature of the emergency is set forth in the minutes of the meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such
place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other
emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration
of the emergency at such place within the City as is designated by the Mayor,or, if he should fail to
act, by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all
persons shall be permitted to attend such meetings, except that the provisions of this section shall not
apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no
person shall be denied the right to be heard by the City Council.
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 asset 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
t
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any ordinance, resolution,or order for payment of money,or upon the demand of any member,the.City
Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the
minutes of the meeting.
Section 305. PRESIDING OFFICER At the Council meeting at which any Council member is installed
following any general or special municipal election,and at any time when there is a vacancy in the office of
Mayor,the City Council shall meet and shall elect one of its members as its presiding officer,who shall
have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote in all
its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall have the
primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City
government to the people,and as occasion requires,may inform the people of any major change in policy or
program;and shall perform such other duties consistent with the office as may be prescribed by this
Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure
of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall.also designate one of its members as
Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
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.
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(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) 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 hosted 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.
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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.
s
(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
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.
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(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 Nvith 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.
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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 performinsuch 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 tho 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:
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(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.
(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 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«ith 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 thetity 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...
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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 shad be
submitted by such accountant to the City Council,one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public,and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
ARTICLE VII
ELECTIONS
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. (12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that maybe held by
authority of this Charter,or of any law,shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California,as the same now exists or hereafter
may be amended, for the holding of municipal elections,so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the
electors of the City the powers of the initiative and referendum and of the recall of municipal elective
officers. The provisions of the Elections Code of the State of California,as the same now exists or
hereafter may be amended,governing the initiative and referendum and the recall of municipal officers,
shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict
with the provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
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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 beep duly repealed,amended,changed or superseded by proper
authority.
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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.
b z
Additional Copies Of This Charter May Be Obtained From The Office Of The City Clerk
2000 Maim Street,Huntington Beach,CA 92648.
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C ity Charter
.amendments
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contain the ortgtnaC(s) of,
for examyCe, yroyosed
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