HomeMy WebLinkAboutProposed Charter Amendments for City Election dated June 6, i
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CITY CHARTER
FILED
SECRETARY OF STATE
July 17, 1978 jI
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1. A tax sufficient to meet all liabilities of the
Administrator, Director of Finance, City Treasurer and the per- City of principal and interest of all bonds and judgments due
and hc son retained by the City Council to perform the poet audit func- which constitute
become due during the ensuing fiscal year,
tion, and a further copy shall be placed, and shall remain on file ` general obligations of the City; and
In the office of the City Clerk where it shall be available for 2. A tax sufficient to meet all obligations of the
public inspection. The budget so certified shall be reproduced Cityfor the retirement system in which the City ,
and copies made available for the use of the public and of de- y g fiscal year.
due and unpaid or to become due during the ensuing fiscal year.
partments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the ef- (c) Special levies, in addition to the above and not sub-
Ject fective date of the budget, the several amounts stated therein to the above limitation, may be made annually, based on
g , C Cityity Council approved estimates, for the following specific pur-
as proposed expenditures shall be and become appropriated to the poses, but not to exceed the following respective limits for
several departments, offices and agencies for the respective those purposes for which limits are herein set forth, to wit:
objects and purposes therein named; provided, however, that the parks and recreation and human services not to exceed $0.20 per
City Administrator may transfer funds from one object or purpose One Hundred Dollars; libraries not to exceed $0.15 per One
to another within the same department, office or agency. All Hundred Dollars; promotional interests and cultural affairs not
appropriations shall lapse at the end of the fiscal year to the to exceed $0.07 per One Hundred.Dollars; and civil defense and
extent that they shall not have been expended or lawfully encum- disaster preparedness not to exceed $0.03 per One Hundred Dollars.
bered. The proceeds of any special levy shall be used for no other pur-
At any public meeting after the adoption of the budget, the pose than that specified.
City Council may amend or supplement the budget by motion adopted Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax,
by the affirmative vote of at least a majority of the total mem- property tax, or other measure whose principal u p purpose is the
bers of the City Council. raising of revenue, or any increase in the amount thereof, shall
be levied, enacted or established except by ordinance adopted by
Section 606. DETERMINATION OF CITY TAX RATE. The City the affirmative vote of at least five (5) members of the City
Council shall prescribe by ordinance for the assessment, levy Council; provided, however, that any tax levied or collected pur-
and collection of taxes upon property which is taxable for mu- suant to Section 607(b) of this Charter shall be exempt from the
nicipal purposes. If the City Council fails to fix the rate and minimum voting requirement of this section.
levy taxes on or before August 31 in any year, the rate for the
next preceding fiscal year shall thereupon be automatically This section shall not apply to an license
adopted and a tax at such rate shall be deemed to have been levied other fee or charge whose principal y y , permit, ei any
on all taxable property in the City for the current fiscal year. burse the Cityfor the cost
purpose Is eg pay or func-
tion performing any regulatory fune-
5ection 607• TAX LIMITS. tion�of the City under its police power in connection with the
City s duty to preserve or maintain the public peace, health,
(a) The City Council shall not levy a property tax for mu- safety and welfare.
nicipal purposes in excess of One Dollar annually on each One This section shall not apply to any user or service fee or
Hundred Dollars of the assessed value of taxable property in the charge provided such fee or charge is directly related to such use
City, except as otherwise provided in this section, unless au- or service, is charged to the user or person receiving such serv-
thorized by the affirmative vote of a majority of the electors ice, and is to pay or reimburse the City for the costs of pro-
voting on a proposition to increase such levy at any election at viding such use or service.
which the question of such additional levy for municipal purposes
is submitted to the electors. The number of years that such ad- ` This section shall not apply to any fee or charge relating to
ditional levy is to be made shall be specified in such proposition. any franchise or proprietary function of the City.
(b) There shall be levied and collected at the same time and Section 609. REAL ESTATE TRANSFER TAX. The City Council
in the same manner as other property taxes .or municipal purposes ' shall not le
are levied and collected, as additional taxes not subject to the levy a tax on the transfer or conveyance of any interest
above limitation, if no other provision for payment thereof is made:
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in real property unless authorized by the affirmative vote of a of the City Council and by the affirmative vote of at least a
majority of the electors voting on a proposition submitted to majority of the electors voting on such proposition at a gen-
the electors to authorize such tax at a general or special elec- eral or special election at which such proposition is submitted.
tion.
Section 610. BONDED DEBT LIMIT. The City shall not incur Section 613. EXECUTION OF CONTRACTS. Except an hereinafter
an indebtedness evidenced by general obligation bonds which shall provided, the City shall be bound by a contract only signed
it is
in the aggregate exceed the sum of 12 percent of the total as- of the made in writing, approved by the City Council and signed ce behalf
p Y ignatedCbyythe City the Mayor ouncildandtonl upy Clerk or he a City officer dea-
sessed valuation for purposes of City taxation, of all the real y y upon the direction of the
and personal property within the City. City Council. Exceptions to this procedure are as follows:
No bonded indebtedness which shall constitute a general ob- (a) By ordinance or resolution the City Council may au
ligation of the City may be created unless authorized by the thorize the City Administrator or other officer to bind the City,
affirmative vote of the majority required by law of the electors with or without a written contract, for the acquisition of equip-
voting on such proposition at any election at which the question ment, materials, supplies, labor, services or other items included
is submitted to the electors. within the budget approved by the City Council, and may impose a
monetary limit upon such authority.
Section 611. REVENUE BONDS. Bonds which are payable only
out of such revenues, other than taxes, as may be specified in (b) By ordinance or resolution, the City Council may pro-
such bonds, may be issued when the City Council by ordinance vide a method for the sale or exchange of personal
shall have established a procedure for the issuance of such bonds. needed in the City service or not fit for the purposetoforwhich
Such bonds, payable only out of revenues, shall not constitute an intended, and for the conveyance of title thereto.
indebtedness or general obligation of the City. No such bonds
payable out of revenues shall be issued without the assent of the (c) Contracts for the sale of the products, commodities or
majority of the voters voting upon the proposition for issuing the services of any public utility owned, controlled or operated by
same at an election at which such proposition shall have been duly the City may be made by the manager of such utility or by the
submitted to the registered voters of the City. head of the department or City Administrator upon forms approved
by the City Administrator and at rates fixed by the City Council.
It shall be competent for the City to make contracts and
covenants for the benefit of the holders of any such bonds pay- Section 614. CONTRACTS ON PUBLIC WORKS. Except as herein-
able only from revenues and which shall not constitute a general after expressly provided, every contract involving an expenditure
obligation of the City for the establishment of a fund or funds, of more than Twenty-five Thousand Dollars ($25,000) for the con-
for the maintaining of adequate rates or charges, for restrictions struction or improvement (excluding maintenance and repair) of
upon further indebtedness payable out of the same fund or rev- public buildings, works, streets, drains, sewers, utilities, parks
enues, for restrictions upon transfer out of such fund, and other and playgrounds, and each separate purchase of materials or sup-
appropriate covenants. Money placed in any such special fund for lies for the same, where the expenditure required for such pur-
the payment of principal and/or interest on any issue of such chase shall exceed the sum of Twenty-five Thousand Dollars
bonds or to assure the application thereof to a specific purpose ($25,000), shall be let to the lowest responsible bidder after no-
shall not be expended for any other purpose whatever except for tice by publication in accordance with Section 503 by two or more
the purpose for which such special funds were established and insertions, the first of which shall be at least ten days before
shall be deemed segregated from all other funds of the City and the time for opening bids.
reserved exclusively for the purpose for which such special fund
was established until the purpose of its establishment shall have ` The City Council may reject any and all bids presented and
been fully accomplished. may readvertise in its discretion. After rejecting bids, or if
no bids are received, or without advertising for bids if the
Section 612. SALE OF PUBLIC UTILITY. No public utility now total amount of the contract or project Is less than Twenty-five
or hereafter owned or operated by the City shall be sold, leased Thousand Dollars ($25,000), the City Council may declare and de-
or otherwise transferred or disposed of unless authorized by the termine that in its opinion, the work in question may be performed
affirmative votes of at least a majority of the total membership better or more economically by the City with its own employees,
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VII
or that the materials or supplies may be purchased at a lower ARTICLE
price in the open market, and after the adoption of a resolu-
tion to this effect by the affirmative vote of a majority of the Section 700. GENERAL MUNICIPAL ELECTIONS. General munic-
total members of the City Council, it may proceed to have said
ipal elections shall be held in the City on the second Tuesday
work done or such materials or supplies purchased in the manner in April In each even-numbered year.
stated without further observance of the provisions of this
section. Section 701. SPECIAL MUNICIPAL ELECTIONS. All other mu-
nicipal elections that may.be held by authority of this Charter,
All public works contracts exceeding the sum of Twenty-five or of any law, shall be known as special municipal elections.
Thousand Dollars ($25,000) may be let and purchases exceeding
the sum of Twenty-five Thousand Dollars ($25,000) may be made Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elec-
without advertising for bids if such work or the purchase of such tions shall be held in accordance with the provisions of the
materials or supplies shall be deemed by the City Council to be Elections Code of the State of California, as the same now ex-
of urgent necessity for the preservation of life, health, or ists or hereafter may be amended, for the holding of municipal
property and shall be authorized by at least five affirmative elections, so far as the same are not in conflict with this
votes of the City Council. Charter.
Projects for the extension, replacement or expansion of Section 703. INITIATIVE, REFERENDUM AND RECALL. There are
the transmission or distribution system of any existing public hereby reserved to the electors of the City the powers of the
utility operated by the City or for the purchase of supplies or initiative and referendum and of the recall of municipal elective
equipment for any such project or any such utility may be ex- officers. The provisions of the Elections Code of the State of
cepted from the requirements of this section by the affirmative California, as the same now exists or hereafter may be amended,
vote of a majority of the total members of the City Council. governing the initiative and referendum and the recall of mu-
nicipal officers, shall apply to the use thereof in the City so
Section 615. GRANTING OF FRANCHISES. The City Council far as such provisions of the Elections Code are not in conflict
shall by ordinance regulate the granting of franchises for the with the provisions of this Charter.
City.
Section 704. NOMINATION PAPERS. Nomination papers for
Section 616. INDEPENDENT AUDIT. The City Council shall candidates for elective municipal office must be signed by not less
provide for an independent annual audit of all City accounts than twenty nor more than thirty electors of the City.
and may provide for such more frequent audits as It deems nec-
essary. Such audits shall be made by a certified public ac- ARTICLE VIII
countant or firm of such accountants who have no personal in- MYSCELLANEOUS
terest, direct or indirect, in the fiscal affairs of the City
government or any of its officers. The Council may, without re- Section 800. TRANSITION. Elective officers and elective
quiring competitive bids, designate such accountant or firm an- officers whose offices are made appointive of the City shall
nually provided that the designation for any particular fiscal continue to hold such offices until the completion of their cur-
year shall be made no later than thirty days after the beginning rent terms and the election or appointment and qualification of
of such fiscal year. As soon as practicable after the end of their respective successors under this Charter. All boards,
the fiscal year, a final audit and report shall be submitted by commissions and committees presently in existence shall continue
such accountant to the City Council, one copy thereof to be dis- to act in accordance with their original grant of authority
tributed to each member. Additional copies of the audit shall be until such time as the City Council adopts appropriate ordinances
placed on file in the office of the City Clerk where they shall pertaining to their activities or for one year, whichever occurs
be available for inspection by the general public, and a copy of first. All lawful ordinances, resolutions, rules and regulations,
the financial statement as of the close of the fiscal year shall and portions thereof, in force at the time this Charter takes
be published in the official newspaper. 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.
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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 ndt exceeding six months or by both
such fine and imprisonment, and each day that any such violation
continues shall constitute a separate violation.
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D-E-F-G-H-&
HUNTINGTON BEACH
PROPOSED AMENDMENTS TO THE CHARTER
OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
CITY ATTORNEY'S IMPARTIAL ANALYSES
i
AND
ARGUMENTS FOR AND AGAINST CITY MEASURES
TO BE SUBMITTED TO THE VOTERS AT THE
SPECIAL MUNICIPAL ELECTION
CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION
JUNE 6, 1978
UNDER REQUIREMENTS OF THE 1975 AMENDMENTS TO THE FEDERAL VOTING
RIGHTS ACT, THE CITY OF HUNTINGTON BEACH HAS ARRANGED TO PROVIDE
TRANSLATION OF THESE BALLOT MATERIALS INTO THE SPANISH LANGUAGE'ANY.`
PERSON DESIRING SPANISH TRANSLATION OF THESE MATERIALS AT NO COST TO' ,
THE INDIVIDUAL MAY ARRANGE FOR A TRANSLATION BY CALLING HUNTINGTON
BEACH CITY HALL AT 536-5226.
BAJO LOS REQUISITO DE LAS ENMIENDAS DE 1975 AL DECRETO FEDERAL DE
DERECHO A VOTO, LA CIUDAD DE HUNTINGTON BEACH HA TOMAdO AAEDIDAS n
--- PARA PROPORCIONAR TRADUCCION DE ESTOS MATERIALES DE'BOLETA°AL
IDIOMA ESPANOL CUALQUIER PERSONA QUE D,ESEE UNA TRADUCCION_EN
ESPAF40L DE ESTOS .MATERIALES SIN COSTO INDIVIDUAL PUEDE
ARREGLOS' PARA OBTENER UNA TRADUCCION LLAMANDO AC1 PALACIO
MUNICIPAL DE HUNTINGTON BEACH AL 536-5226.
}
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The following arguments for and against the city measures have been filed
with the City Clerk pursuant to Article 4, Chapter.3, Division'"5_(Sections
5010 to 5016, inclusive) of the Elections Code of the State of California.
Arguments in support or opposition of the proposed laws are the opinions of
the authors.
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Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503• Publishing of Legal Notices
ARTICLE VI. FISCAL ADMINISTRATION CHARTER
Section 600. Fiscal Year We, the people of the City of Huntington Beach, State
Section 60 . Annual Budget, Preparation by the City of California, do ordain and establish this Charter as the
Administrator fundamental law of the City of Huntington Beach under the
Section 602. Annual Budget. Submission to the City Constitution of the State of California.
Council ARTICLE I
Section 603. Annual Budget. Public Hearing INCORPORATION MS OF THE CITY
Section 604. Annual Budget. Further Consideration and
Adoption
Section 605. Annual Budget Appropriations Section 100. NAME. The municipal corporation now
Section 606. Determination of City Tax Rate existing and known as the City of Huntington Beach shall
Section 607. Tax Limits remain and continue to exist as a municipal corporation
Section 608. Vote Required for Tax Measures under its present name of "City of Huntington Beach."
Section 609. Real Estate Transfer Tax
Section 610, Bonded Debt Limit Section 101. SEAL. The City shall have an official
Section 611. Revenue Bonds seal which may be changed from time to time by ordinance.
Section 612. Sale of Public Utility The present official seal shall continue to be the official
Section 613. Execution of Contracts seal of the City until changed in the manner stated.
Section 614. Contracts on Public Works Section 102. BOUNDARIES. The boundaries of the City
Section 615. Granting of Franchises
Section 616. Independent Audit shall continue now established until changed in the
manner authorized
by law.
ARTICLE VII. ELECTIONS Section 103• POWERS OF CITY. The City shall have the
Section 700. General Municipal Elections power to make and enforce all laws and regulations in respect
Section 701. Special Municipal Elections to municipal affairs, subject only to such restrictions
Section 702. Procedure for Holding Elections and limitations as may be provided in this Charter or in
Section 703• Initiative, Referendum and Recall the Constitution of the State of California.
Section 704. Nomination Papers
Section 104. CONSTRUCTION. The general grant of
ARTICLE VIII. MISCELLANEOUS power to the City under this Charter shall be construed
broadly in favor of the City. The specific provisions
Section 800. Transition enumerated in this Charter are intended to be and shall be
Section 801. Definitions interpreted as lii:iitations upon the general grant of power
Section 802. Violations and shall be construed narrowly. If any provision of this
Charter, or the application thereof to any person or circum-
stance is held invalid, the remainder of the Charter and the
application of such provision to other persons or circum-
s,^aces, shall not be affected thereby.
(Charter effective July 17, 1978) 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. f
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ARTICLE II fourth year thereafter. A City Attorney shall be elected in -
FORM RNMENT April, 1966, and each fourth year thereafter.
Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The term of each member of the City Council, the City
The municipal government provided by this Charter shall be Clerk, the City Treasurer and the City Attorney shall commence
known as the Council-Administrator form of government. on the first Monday following his election. Ties in voting
among candidates for office shall be settled by the casting of
ARTICLE III lots.
ELETTYW OFFICES
Section 301. POWERS VESTED IN CITY COUNCIL. All powers
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. of the City shall be vested in the City Council except as other-
TERMS. The elective officers of the City shall consist of a wise provided in this Charter.
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 Section 302. COMPENSATION. The members of the City Council
the times and in the manner provided in this Charter and who including the Mayor shall receive as compensation for their serv-
shall serve for terms of four years and until their respective ices as such a monthly salary in the sum of One Hundred Seventy-
successors qualify. five Dollars per month. In addition, each member of the City
Council shall receive reimbursement on order of the City Council
Subject to the provisions of this Charter, the five members for Council authorized traveling and other expenses when on of-
of the City Council in office at the time this Charter takes ficial duty upon submission of itemized expense accounts therefor.
effect shall continue in office until the expiration of their In addition, members shall receive such reasonable and adequate
respective terms and until their successors are elected and amounts as may be established by.ordinance, which amounts shall
qualified, and shall constitute the City Council until two ad- be deemed to be reimbursement to them of other routine and ordi-
ditional members are elected as hereinafter provided. Four nary expenses, losses and costs imposed upon them by virtue of
members of the City Council shall be elected at the general their serving as City Councilmen.
municipal election held in April, 1966, and each fourth year
thereafter. Three members of the City Council shall be elected Section 303• MEETINGS AND LOCATION.
at the general municipal election held in April, 1968, and each
fourth year thereafter. No person shall be elected as a member (a) Regular Meetings. The City Council shall hold regular
of the City Council for more than two consecutive terms and no meetings at least twice each month at such time as it shall fix
person who has been a member for more than two years of a term by ordinance or resolution and may adjourn or re-adjourn any
to which some other person was elected a member shall be elected regular meeting to a date and hour certain which shall be speci-
to the City Council more than one further consecutive term. fied in the order of adjournment and when so adjourned each ad-
journed meeting shall be a regular meeting for all purposes.
In the event this Charter shall not take effect in time to If the hour to which a meeting is adjourned is not stated in the
elect four members of the City Council at the general municipal order of adjournment, such meeting shall be held at the hour for
election held in April, 1966, and only two members of the City holdingre meetings.
regular g If at any time any regular meeting
Council are then elected, a special election shall be called falls on a holiday such regular meeting shall be held on the next
and held not less than sixty (60) nor more than ninety (90) days business day.
after the effective date of this Charter to elect two additional
members of the City Council for the remainder of the terms ex- (b) Special Meetings. A special meeting may be called at
piring in April, 1970. 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
Subject to the provisions of this Charter, the City Clerk, and to each local newspaper of general circulation, radio or
City Treasurer and City Attorney in office at the time this televislon .station requesting notice in writing. Such notice
Charter takes effect shall continue in office until the expira- must be delivered personally or by mail at least twenty-four
tion of their respective terms and the qualification of their hours before the time of such meeting as specified in the notice.
successors. A City Clerk and City Treasurer shall be elected The call and notice shall specify the time and place of the spe-
at the general municipal election held in April, 1968, and each cial meeting and the business to be transacted. No other business
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shall be considered at such meeting. If any person entitled to
such written notice files a written waiver of notice with the Council shall have the power and authority to compel the attend-
City Clerk, it may be dispensed with. Such waiver may be given ante of witnesses, to examine them under oath and to compel the
by telegram. This notice requirement shall be considered ful- production of evidence before it. Subpoenas shall be issued in
filled as to any person who is actually present at the meeting the name of the City and be attested by the City Clerk. They
at the time it convenes. In the event of an emergency affecting shall be served and complied with in the same manner as subpoenas
the public peace, health or safety, a special meeting may be in civil actions. Disobedience of such subpoenas, or the refusal
called as provided in this section with less than twenty-four to testify (upon other than constitutional grounds), shall consti-
hours written notice by the Mayor Pro Tem in the Mayor's absence tute a misdemeanor, and shall be punishable in the same manner as
or by any member of the City Council in the absence of both the violations of this Charter are punishable. The City Council shall
Mayor and Mayor Pro Tem provided that the nature of the emer- have control of all legal business and proceedings and all prop-
gency is set forth in the minutes of the meeting. erty of the legal department, and may employ other attorneys to
(c) Place of Meetings. All regular meetings shall be held take charge of or may contract for any prosecution, litigation or
other legal matter or business.
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 ( Rules of Order. The City Council shall establish rules
the place designated, the meetings may be held for the duration member or other person for thee conduct pe its proceedings and evict or prosecuterson for disorderly conduct at any of itss
meet-
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 payment
Upon adoption of any ordinance, resolution, or order for
members of the City Council. . 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
(d) Open Meetings. All regular and special meetings of the on the question to be entered in the minutes of the meeting.
City Council shall be open and public, and all persons shall be Section 305. PRESIDING OFFICER. At the Council meeting at
permitted to attend such meetings, except that the provisions of which any Council member is installed following any general or
this section shall not apply to executive sessions. Subject to special municipal election, and at any time when there is a va-
the rules governing the conduct of City Council meetings, no cancy in the office of Mayor, the City Council shall meet and
person shall be denied the right to be heard by the City Council. shall elect one of its members as its presiding officer, who shall
have the title of Mayor. The Mayor may make and second motions
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. and shall have a voice and vote in all its proceedings. The
Mayor shall be the official head of the City for all ceremonial
(a) Quorum. A majority of the members of the City Council purposes; shall have the primary but not the exclusive responsi-
shall constitute a quorum to do business but a lesser number may bility for interpreting the policies, programs and needs of the
adjourn from time to time. In the absence of all the members of City government to the people, and as occasion requires, may in-
the City Council from any regular meeting or adjourned regular form the people of any major change in policy or program; and
meeting, the City Clerk may declare the same adjourned to a stated shall perform such other duties consistent with the office as may
day and hour. The City Clerk shall cause written notice of a be prescribed by this Charter or as may be imposed by the City
meeting adjourned by less than a quorum or by the City Clerk to Council. The Mayor shall serve in such capacity at the pleasure
be delivered personally or by mail to each Council member at of the City Council.
least twenty-four hours before the time to which the meeting is
adjourned, or such notice may be dispensed with in the same manner Section 306. MAYOR PRO TEMPORE. The City Council shall also
as specified in this. Charter for dispensing with notice of special designate one of its members as Mayor Pro Tempore, who shall serve
meetings of the City Council. 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
(b) Proceedings. The City Council shall judge the qualifi- absence or disability or at the Mayor's request.
cation of its members as set forth by the Charter. It shall judge
all elcctlon returns. Each member of the City Council shall have Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except
the power to administer oaths and affirmations in any investiga- as otherwise provided in this Charter, no member of the City
tion or proceeding pending before the City Council. The City Council shall order, directly or indirectly, the appointment by
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I
party for any act arising out of his employment or by reason of
his official capacity.
the City Administrator, or by any of the department heads in
administrative service of the City, of any person to any office (d) Attend all regular meetings of the City Council, unless
or employment, or removal therefrom. Except for the purpose of excused, and give his advice or opinion orally or in writing
investigation and inquiry, the members of the City Council shall whenever requested to do so by the City Council or by any of the
deal with the administrative service under the Jurisdiction of boards or officers of the City.
the City Administrator solely through the City Administrator,
and no member of the City Council shall give orders to any sub- (e) Approve the form of all contracts made by and all bonds
ordinate of the City Administrator, either publicly or privately. and insurance given to the City, endorsing his approval thereon
in writing.
Section 308. OFFICIAL BONDS. The City Council shall fix
by ordinance or resolution the amounts and terms of the official (f) Prepare any and all proposed ordinances and City Council
bonds of all officials or employees who are required by this resolutions and amendments thereto.
Charter or by ordinance to give such bonds. All bonds shall be
executed by responsible corporate surety, shall be approved as (9) Devote such time to the duties of his office and at
to form by the City Attorney, and shall be filed with the City such place as may be specified by the City Council.
Clerk. Premiums on official bonds shall be paid by the City. A
blanket bond may be used if it provides the same protection as (h) Perform such legal functions and duties incident to
the required separate bond would provide. the execution of the foregoing powers as may be necessary.
In all cases wherein an employee of the City is required to (I) Surrender to his successor all books, papers, files,
furnish a faithful performance bond, there shall be no personal and documents pertaining to the City's affairs.
liability upon, or any right to recover against, the employee's
superior officer or other officer or employee or the bond of Section 310. CITY CLERK. POWERS AND DUTIES. The City
the latter, unless such superior officer, or other officer or Clerk shall have the power and shall be required to:
employee is a party to the act or omission, or has conspired in
the wrongful act directly or indirectly causing the loss. (a) Attend all meeting's of the City Council, unless ex-
cused, and be responsible for the recording and maintaining of
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To be- a full and true record of all of the proceedings of the City
come and remain eligible for City Attorney the person elected Council in books that shall bear appropriate titles and be de-
or appointed shall be an attorney at law, duly licensed as voted to such purpose.
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 (b) Maintain separate books, In which shall be recorded
three years prior to his election or appointment. The City respectively all ordinances and resolutions, with the certifi-
Attorney shall have the power and may be required to: cate of the Clerk annexed to each thereof stating the same to be
the original or a correct copy, and as to an ordinance requiring
(a) Represent and advise the City Council and all City publication, stating that the same has been published or posted
officers in all matters of law pertaining to their offices. in accordance with this Charter.
(b) Prosecute on behalf of the people any or all criminal (c) Maintain separate records of all written contracts and
cases arising from violation of the provisions of this Charter official bonds.
or of City ordinances and such state misdemeanors as the City
has the power to prosecute, unless otherwise provided by the (d) Keep all books and records in his possession properly
City Council. indexed and open to public inspection when not in actual use.
(c) Represent and appear for the City in any or all actions (e) Be the custodian of the seal of the City.
or proceedings in which the City is concerned or is a party, and
represent and appear for any City officer or employee, or former (f) Administer oaths or affirmations, take affidavits and
City officer or employee, in any or all civil actions or pro-
ceedings in which such officer or employee is concerned or is a
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d
and depositions pertaining to the affairs and business of the , as may be required by ordinance or resolution of the City Council.
City and certify copies of official records.
The City Treasurer may, subject to the approval of the City
(g) Be ex officio Assessor, unless the City Council, has Council, appoint such deputy or deputies to assist him or act for
availed itself, or does in the future avail itself, of the pro- him, at such salaries or compensation as the Council may by
visions of the general laws of the State relative to the assess- ordinance or resolution prescribe.
ment of property and the collection of City taxes by county
officers, or unless the City Council by ordinance provides other- Section 312. VACANCIES, FORFEITURES AND REPLACEMENT.
wise.
(a) Vacancies. A vacancy in the City Council or in any other,
(h) Have charge of all City elections. office designated as elective by this Charter, from whatever cause
arising, shall be filled by appointment by the City Council.
(i) Perform such other duties consistent with this Charter
as may be required by ordinance or resolution of 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
The. City Clerk may, subject to the approval of the City thirty consecutive days from and after the last regular City
Council, appoint such deputy or deputies to assist him or act for Council meeting attended by such member, unless by permission of
him, at such salaries or compensation as the Council may by ordi- the City Council expressed in its official minutes, the office
nance or resolution prescribe. shall become vacant. If an elected City officer is convicted of
a crime involving moral turpitude or ceases to be an elector of
Section 311. CITY TREASURER. POWERS AND DUTIES. The City the City, the office shall become vacant. The City Council shall
Treasurer shall have the power and shall be required to: declare the existence of such vacancy. Any elective officer of
the City who shall accept or retain any other elective public of-
(a) Receive on behalf of the city all taxes, assessments, Tice, except as provided in this Charter, shall be deemed thereby
license fees and other revenues of the City, or for the collection to have vacated the office under the City government.
of which the City is responsible, and receive all taxes or other
money receivable by the City from the County, State or Federal (c) Replacement. In the event it shall fail to fill a va-
governments, or from any court, or from any office, department cancy by appointment within sixty days after such office shall
or agency of the City. become vacant, the City Council shall forthwith cause an election
to be held to fill such vacancy for the remainder of the unexpired
(b) Have and keep custody of all public funds belonging term.
to or under control of the City or any office, department or
agency of the City government and deposit or cause to be de- Section 313. CONFLICT OF INTEREST, NEPOTISM.
posited all funds coming into his hands in such depository as
may be designated by resolution of the City Council, or, if no (a) Conflict of Interest. The City Council shall adopt or
such resolution be adopted, then in such depository designated approve rules and regulations regulating conflicts of interest
in writing by the City Administrator, and in compliance with all and promoting fair dealing in all City business.
of the provisions of the State Constitution, and laws of the State
governing the handling, depositing and securing of public funds. (b) Nepotism. The City Council shall not appoint to a sal-
aried position under the City government any person who is a
(c) Pay out moneys only on proper orders or warrants in the relative by blood or marriage within the third degree of any one
manner provided for In this Charter. or more of the members of such City Council, nor shall the City
Administrator or any department head or other officer having
(d) Prepare and submit to the Director of Finance monthly appointive power appoint any relative of such person or of any
written reports of all receipts, disbursements and fund balances, Council member within such degree to any such position. This
and shall file copies of such reports with the City Administrator ' provision shall not affect the employment or promotional status
and City Council. of a person who has attained a salaried position with the City
prior to the existence of a situation contemplated by this pro-
(e) Perform such other duties consistent with this Charter vision; however, Council members or officers with appointive
c-10 c-11
Administrator, the City Council shall use its uncontrolled dis-
powers in such a situation shall disqualify themselves from all cretion and its action shall be final and shall not depend upon
decisions affecting the employment and promotional status of any particular showing,or degree of proof at the hearing, the
such person. purpose of which is to allow the City Council and the City
Administrator to present to each other and to the public all
ARTICLE IV pertinent facts prior to the final action of removal.
APPOINTIVE 57?7!�D PERSONNEL
Section 401. POWERS AND DUTIES. Except as otherwise pro-
Section 400. CITY ADMINISTRATOR. COMPOSITION, TERM, vided in this Charter, the City Administrator shall be responsible
ELIGIBILITY, REMOVAL. to the City Council for the proper administration of all affairs
of the City. Without limiting this general grant of powers and
(a) Composition. There shall be a City Administrator responsibilities, the City Administrator shall have the power and
who shall be the chief administrative officer of the City. be required to:
(b) Term. The Administrator shall be appointed by the af- (a) Appoint, promote, demote, suspend or remove department
firmative vote of at least a majority of the members of the City heads, officers and employees of the City except elective officers.
Council and shall serve at the pleasure of the City Council; pro- However, no department head shall be appointed or removed until
vided, however, that the person occupying the office shall not be the City Administrator shall first have reviewed such appointment
removed from office except as herein provided. or removal with the City Council and have received approval for
such appointment or removal by a majority vote of the full City
(c) Eligibility. The Administrator shall be chosen on the Council.
basis of executive and administrative qualifications, with special
reference to actual experience in and knowledge of accepted prac- (b) Prepare the budget annually, submit it to the City
tice as regards the duties of the office as herein set forth. Council, and be responsible for its administration upon adoption.
No person shall be eligible to be appointed City Administrator or
Acting City Administrator while serving as a member of the City (c) Prepare and submit to the City Council as of the end
Council nor within one year following the termination of member- of each fiscal year, a complete report on the finances of the
ship on the City Council. City, and annually or more frequently, a current report of the
principal administrative activities of the City.
(d) Removal. The City Administrator shall not be removed
from office during or within a period of ninety days next suc- (d) Keep the City Council advised of the financial condi-
ceeding any municipal election at which a member of the City tion and future needs of the City and make such recommendations
Council is elected. At any other time the City Administrator may as may seem desirable.
be removed only at a regular meeting of the City Council and (e) Maintain a centralized purchasing system for all City
upon the affirmative vote of a majority of the members of the offices departments and agencies.
City Council. At least thirty days prior to the effective date ,
of removal, the City Administrator shall be furnished with a (f) Prepare, administer and enforce rules and regulations
written notice stating the Council s intentions and, if requested by the City Administrator, the reasons therefor. Within seven recommended to and adopted by the City Council governing the con-
days after receipt of such notice, the City Administrator may by tracting for, purchase, inspection, storage, inventory, distri-
written notification to the City Clerk request a public hearing bution and disposal of all supplies, materials and equipment re-
before the City Council, in which event the Council shall fix a quired by any office, department or agency of the City government.
time for a public hearing which shall be held at its regular meet-
ing place before the expiration of the thirty-day period above (g) Be responsible for the compliance by the City with the
referred to. The City Administrator shall appear and be heard laws of the State pertaining to the City, the provisions of this
at such hearing. After furnishing the City Administrator with Charter and the ordinances, franchises and rights of the City.
written notice of the intended removal, the City Council may sus- (h) Subject to policy established by the City Council, ex-
pend the Administrator from dutyy but his compensation shall con-
tinue until removal as herein provided. Ir, removing the City ercise control of all administrative offices and departments of
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I
the City and -of all appointive officers and employees except in a retirement system.
those directly appointed by the City Council and prescribe such
general rules and regulations as he may deem necessary or proper Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The
for the general conduct the administrative offices and de- City Council shall establish such boards, commissions and com-
partments of the City under his jurisdiction. mittees as are deemed necessary for the orderly functioning of
(i) Perform such other duties consistent with this Charter the City. All such boards, commissions and committees shall
as may be required by the City Council. report directly to the City Council.
Section 402. ACTING CITY ADMINISTRATOR. During any tempo- ARTICLE V
rary absence or disability of the City Administrator, the Assistant ORDINANCEMOLUTIONS
City Administrator shall serve as Acting City Administrator. Dur- Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION,
ing any temporary absence or disability of both the City Administrator PUBLICATION, AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
and the Assistant City Administrator, the City Administrator shall
appoint one of the other officers or department heads of the City (a) Enactment. In addition to such other acts of the City
to serve as Acting City Administrator. In the event the City Council as are required by this Charter to be taken by ordinance,
Administrator fails to make such appointment, such appointment every act of the City Council establishing a fine or other penalty,
may be made by the City Council. or granting a franchise, shall be by ordinance. The enacting
Section 403. PERSONNEL. In addition to the City Council clause of all ordinances shall be substantially as follows: "The
y , City Council of the City of Huntington Beach does ordain as
a City Clerk, a City Treasurer, a City Attorney and City follows:." No order for the payment of money shall be adopted
Administrator, the officers and employees of the City shall con- or made at other than a regular or adjourned regular meeting.
sist of such other officers, assistants, deputies and employees Upon introduction and second reading, an ordinance shall be read
as the City Council may provide by ordinance or resolution. The by title only. Unless a higher vote is required by other pro-
City Council shall establish such reasonable compensation and visions of this Charter, the affirmative vote of at least four
fringe benefits as are appropriate by ordinance or resolution for of the City Council shall be required for the enactment of any
such offices. officials and employees except as herein provided. ordinance or for the making or approving of any order for the
The City Council shall maintain by ordinance a comprehensive payment of money. All ordinances shall be signed by the Mayor
personnel system for the City. The City Administrator, Assistant and attested by the City Clerk.
City Administrator and any officers designated as elective by the (b) Adoption. A regular ordinance shall be adopted only
Charter shall be exempt. The system shall consist of the estab- at a regular or adjourned regular meeting held no less than five
lishment of minimum standards of employment and qualifications for days after its introduction. In the event that any ordinance is
the various classes of employment and procedures to be followed in altered after its introduction, it shall be finally adopted only
advancement, demotion, suspension and discharge of employees in- at a regular or adjourned regular meeting held no less than five
cluded within the system, as the City Council shall determine to days after the date it was so altered. The correction of typo-
be for the best interest of the public service. The ordinance graphical or clerical errors shall not constitute the making of
shall designate the appointive officers and employees who shall an alteration within the meaning of the foregoing sentence.
be included within the system. By subsequent ordinances the City
Council may amend the system or the list of appointive officers (c) Publication. The City Clerk shall cause each ordinance
and employees included within the system, provided, however, that to be posted in three places designated by the City Council within
once included within the system, no officer or employee shall be the City and to be published by title with a brief summary at
withdrawn therefrom (unless the office or position is actually least once within fifteen days after Its adoption in a daily, semi-
abolished or eliminated) without the approval of such withdrawal weekly or weekly newspaper, published in the County or the City
at a regular or special election by a majority of the voters and circulated in the City, which is selected by the City Council
voting on such proposition. The system shall comply with all other for that purpose.
provisions of this Charter.
(d) Amendment. The amendment of any section or subsection
Section 404. RETIREMENT SYSTEM. The City shall participate of an ordinance may be accomplished solely by the re-enactment of
c-14 c-15
such section or subsection at length, as amended.
No defect or irregularity in proceedings taken under this section
(e) When Effective. Every ordinance shall become effec- shall invalidate any publication where it is otherwise in con-
tive thirty days from and after the date of its adoption, except formity with this.Charter or law or ordinance.
the following, which shall take effect upon adoption:
ARTI L VI
(1) An ordinance calling or otherwise relating to an FIS CAL^A 1,TRATION
election;
Section 600. FISCAL YEAR. The fiscal year of the City shall
(2) An improvement proceeding ordinance adopted under be from July 1 to Tune 30 unless otherwise established by ordinance.
some special law or procedural ordinance relating thereto;
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY
(3) An ordinance declaring the amount of money nec- ADMINISTRATOR. At such date as the City Administrator shall de-
essary to be raised by taxation, or fixing the rate of property termine, each board or commission and each department head shall
taxation, or levying the annual tax upon property. furnish to the City Administrator, personally, or through the
Director of Finance, estimates of the department's, board's or
(4) An emergency ordinance adopted in the manner pro- commission's revenue and expenditures for the ensuing fiscal year,
vided in this Charter. detailed in such manner as may be prescribed by the City
Administrator. In preparing the proposed budget, the City
(f) Codification. Detailed regulations pertaining to any Administrator shall review the estimates, hold conferences thereon
subject and comprehensive codifications of valid ordinances may with the respective department heads, boards or commissions as
be adopted by reference, with the same effect as an ordinance, in necessary, and may revise the estimates as may be deemed advisable.
the manner set forth herein; however, such regulations and codi- Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL.
fications need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed The City Administrator shall submit the proposed budget to the City
for use and examination by the public in the office of the City Council at least sixty days prior to the beginning of each fiscal
Clerk prior to adoption. Ordinances codified shall be repealed year. After reviewing the proposed budget and making such te-
as of the effective date of the, codification. Amendments to the visions as it may deem advisable, the City Council shall hold a
code shall be enacted by ordinance. public hearing thereon at least .fifteen days prior to the begin-
ning of each fiscal year and shall cause to be published a notice
Section 501. EMERGENCY ORDINANCES. Any ordinance declared thereof not leas than ten days prior to said hearing. Copies of
by the City Council to be necessary as an emergency measure for the proposed budget shall be available for inspection by the pub-
the immediate preservation of the public peace, health, or safety, lic in the office of the City Clerk at least ten days prior to
and containing a statement of the reasons for its urgency, may be said hearing.
adopted in the manner provided in Section 500 except that such Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time
emergency ordinance may be introduced, enacted and adopted at one
and the same regular or special meeting and shall take effect im- so advertised or at any time to which such public hearing shall
mediately upon adoption if passed by at least five affirmative from time to time be adjourned, the City Council shall hold a
votes. public hearing on the proposed budget, at which interested per-
sons desiring to be heard shall be given such opportunity.
Section 502. RESOLUTIONS. The City Council may act by reso- Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND
lution or minute order in all actions not required by this Charter
to be taken by ordinance. ADOPTION. At the conclusion of the public hearing the City
Council shall further consider the proposed budget and make any
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council revisions thereof that it may deem advisable and on or before the
shall cause to be published all legal notices and other matters last day of the fiscal year it shall adopt the budget with re-
required to be published by law in a daily, semiweekly or weekly visions, if any, by the affirmative vote of at least a majority
newspaper published in the County or the City and circulated In of the total members of the Council. Upon final adoption, the
the City which is selected by the City Council for that purpose. budget shall be in effect for the ensuing fiscal year. Copiesthereof, certified by the City Clerk, shall be filed with the City
c-16 c-17
j
(The sections may be renumbered to accommodate the passage of one or
more of Propositions E through J.)
PROPOSITION D
PROPOSED 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."
r Section 161. SEAL. The City shall have an`official'seal which maybe
changed from time to time by ordinance.- The present official seal shall
continue to be the official seal of the Cityuntil changed in the manner'stated
Section 102. BOUNDARIES. The boundaries of the City shall
t continue as now established until changed in the manner authorized bylaw.
3
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 of 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 lie and shall be
interpreted as limitations upon the general.grant of power and shall be
construed narrowly. If any provision of this Charter, or the application
thereof to any person or circumstance.is held invalid,the remauider of the
A Charter and the application; of. such provision to other persons} ors
t -circumstances,shall not be affected thereby: *
r 3
Section 105.-. INTERGOVERNMENTAL RELATIONS. The City meeting. If any person entitled to such written notice files a written waiver of
may exercise any-of its powers or. perform.any:of its fufictions and may notice with the City Clerk, it may be dispensed with. Such waiver may be
participate in the financing thereof, jointly.or1n cooperation, by contract or given by telegram. This notice requirement shall be considered fulfilled as to
otherwise, with any or inore.states or civil.divisions.or agencies thereof, any person who is actually present at the'meeting at the time it convenes. In
or-the United States or'any agency 'thereof 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 Ter in the Mayor's
ARTICLE IB absence or by any member of the City Council in the absence of both the
FORM,OF:GOVERNMENT Mayor and Mayor Pro'Tem provided that the nature of the emergency is set
forth in the minutes of the meeting.
Section 200. : COUNCIL-ADMINISTRATOR FORM OF (c) Place of Meetings., All regular meetings shall be held in the
GOVERNMENT. The municipal`government provided by this Charter shall be known 'as.the Council-Administrator:form of"government: 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,lt 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
ARTICLE III, as is designated by the Mayor, or, if he should fail to act, by a majority of the
ELECTIVE OFFICESmembers of the City Council.
(d) Open Meetings. All regular and special meetings of the City
`Section 300. 'POWIERS VESTED IN CITY COUNCIL. All powers of Council shall be open and public,and all persons shall be permitted to attend
the City shall be vested in-the City Council except as otherwise provided in such meetings, except that the provisions of this Section shall not apply to
this Charter: - 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
Section 301: MEETINGS AND:LOCATION. Council.
(a) Regular Meetings. The City Council shall hold regular meetings at
least twice�each,month at"such:tinie as it shall fixx'by Section 302. UORUMS, PROCEEDINGS AND RULES' OF
�
�ordinance or �.-
and.may adjourn or re-adjourn any regular meeting to. a date and hour ORDER.
certain,which shall be specified in the:order of adjournment and when so (a) (quorum. A majority of the members of the City Council shall
adjourned each adjourned ,meeting, shall be a.regular meeting for all constitute a quorum to do business but a lesser,number may adjourn from
purposes: If the hour fo,which a meeting is adjourned is:not stated in the time to time. In the absence of all the members of the City Council from any
order of adjournment ,such meeting shall be.;held at the hour. for holding regular meeting or adjourned regular meeting; the City Clerk may declare
regular reetings. If,at,any time any regular meeting falls,on.a holiday such the same adjourned to a stated day and hour. The City Clerk shall cause
regular meeting shall be held on the'next business day; written notice of a meeting adjourned by less than a quorum or by the City
(b) �Speciial Meetings. ``A special meeting maybe called at any by Clerk to be delivered personally or by mail to each Council member at least
the Mayor, or by*majority of the members,,of.the,,City.Council, by written twenty-four hours before the time to which the meeting is adjourned,or such
notice to each�rri®mber ofe Cify Cou�eil'and'to`each local newspaper of notice may be dispensed with in the same manner as specified in this Charter
general culation;`radio`,`or television station requesting;notice in writing. for dispensing with notice of special meetings'of the City Council.
cir
Such;•notice must b'e delivered':personally or by mail,at least twenty four (b) Proceedings., The City Council shall judge the qualification of its
hours-before.the time of such meeting as specified in the notice :The,call and members as set forth by the Charter. It shall judge all.election returns. Each
notice shall pecify the,time and place of*the special meeting and:the,
.-
member;of the City Council,shall have the power to administer oaths,and
= business tobe transacted No other business shall be considered at such
affirmations in.any investigation or proceeding pending before the City,
5 r
- � �, a s 4. � ,<�. � �, � � ass!'_u ��•+ t "� - - - -
Council:Tlie,Ciky Council.shall have the-power and".authority to compel the Section 305. NON-INTERFERENCE WITH ADMINISTRATION.
attendance'of,witnesses;:'to examine them;under;oath and to compel the Except as otherwise provided in this Charter, no member of the City Council
production of evidence before;it.;,Subpoenas,,shall be'issued,in the name of shall order,directly or indirectly, the appointment by the City Administrator,
the City and be attested,by :the.City Clerk. They"shall.,be: served and or by any of the department heads in the administrative service of the City,
complied. with in: the -same manner-;as: subpoenas.,.in civil. actions. of any person to any office or employment, or removal therefrom. Except for
Disobedience.of such subpoenas,,or,tlie:refusal,to, testify. (upon other than the purpose of investigations and inquiry, the members of the City Council
constitutional,;grounds);'; shall ,constitute ,:.misdemeanor, ,and; shall he shall deal with the administrative service under the jurisdiction of the City
punishable in the same;mariner:as:violations;of'this Charter:are punishable. Administrator solely through the City Administrator, and no member of the
The City Council shall have coritrol of all legal business and proceedings,and City Council shall give orders to any subordinate of the City Administrator,
all property of the legal department,and may employ other attorneys to take f either publicly or privately.
charge of or may contract for any prosecutions, litigation or other legal
matters or business.-, ! Section 306. OFFICIAL BONDS. The City Council shall fix by
(c)" Rules of Order, TheCity Council shall establish rules for the t ordinance or resolution the amounts and terms of the official bonds of all
conduct of its proceedings and `evict or prosecute any''rhember or other 1 officials or employees who are required by this Charter or by ordinance to
person for disorderly"conduct at an of rts'meetin s U on adoption of Anygive such bonds. All bonds shall be executed by responsible corporate surety,
p y` X g P P shall be approved as to form by the City Attorney, and shall be filed with the
ordinance; resolution, or order for payment of money, or upon the demand City Clerk. Premiums on official bonds shall be paid by the City. A blanket
of Any'rriember, the City Clerk shall call the roll and shall cause tli'e ayes and
noes taken on the question to be entered in'the'minutes of the meeting. bond may be used if it provides the same protection as the required separate
bonds would provide.
Section 303;. 'PRESIDING OFFICER. At the Council meeting at In all cases wherein an employee of the City is required to furnish a
which any.Council member, is',installed following any general or special faithful performance bond, there shall be no personal liability upon, or any
municipal election;and at any time when there is a,vaeancy in the office of right to recover against, the employee's superior officer or other officer or
Mayor,the City Council shall meetand shall elect one of its members as its employee or the'bond of the latter, unless such superior officer, or other
presiding officer, who shall,have the title of Mayor. The Mayor.may make j officer or employee is a party to the act or omission,,or has conspired in the
and.second motions and shall have a voice>and vote in all its proceedings. ! wrongful act directly or indirectly causing the loss.
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 Section 307. VACANCIES, FORFEITURES AND REPLACEMENT.
the policies, programs,and needs of the,City government to the people, and (a) Vacancies. A vacancy in the City Council or in any other office
as'occasion,requires, may inform the people of any major change'in policy or designated as elective by this Charter, from whatever cause arising, shall be
program; and shall.perform such other duties;consistent with the office as filled by appointment by the City Council:
may be prescribed by this Charter or as may be imposed by the City Council.
The Mayor. shall serveIn-such capacity at the pleasure of 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
Section 304.. MAYOR PRO-TEMPORK,The City Council shall,also from and after the last regular City Council meeting attended by such
designate one of.its members-as Mayor Pra.T..empore,who shall serve in such member, unless by permission of the City Council expressed in its official
capacity.at the pleasure:of the,City.Council t.The Mayor Pro-Tempore shall minutes,the.office shall become vacant. If an elected City officer is convicted
perform the duties:of the Mayor durrng the Mayor s absence or disability or of a crime involving moral turpitude or ceases to be an elector of the City, the
At the Mayor's' request. office shall become vacant. The City Council shall declare the existence of
z 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.
} � Orr-.� a ; $ y.r''�,., .,�, .r�, ";V,, �tiy '$`•��,�.+,a� � :, �, '�
� Ik
--- ----------—--------------- _ _ .»_..._..
-
(c) Replacement. In ;the event. it .shall,-fail .to fill a vacancy by, Administrator or Acting City Administrator while serving as a member of the
appointment within,sixty days,after such office shall become vacant, the City City Council nor within one year following-the termination of membership
Council shall forthwith cause an election to.be held to fill such vacancy for . on the City Council.
the,remainder of the unexpired term.,:
(d) Removal. The City Administrator shall not be removed from office
Section 308. CONFLICT OF INTEREST,NEPOTISM. during.or within a period of ninety days next succeeding any municipal
(a) 'Conflict of'Interest.' The Cif Council.shall adopt or a t election at which�a member of the City Council is elected. At any other time
Y p approve rules the City Administrator may be removed only at a regular meeting of the City
and regulations regulating conflicts of inte.rest'and promoting#air dealing in Council and upon the affirmative votes of a majority of the members of the
all City business:
City Council. At least thirty days prior to the effective date of removal, the
(b) Nepotism. The City.Council shall'not appoint to a salaried position City Administrator shall be furnished with a written notice stating the
under the City government any person who is a relative by blood or marriage Council's intentions and, if requested by the City Administrator,the reasons
within the third:degree of,any one or more of the members of 'such City therefor. Within seven days after receipt of such notice, the City
Council; nor shall:the City Administrator or any department head or other Administrator may by written notification to the City Clerk request a public
officer having appointive power.appoint any relative,of such person or of any 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
Council member within.such degree_to any such position. This provision
shall.not affect the employment or promotional:status of a person who has the expiration of the thirty-day period above referred to. The City
Administrator shall appear and be heard at such hearing.After furnishing the
attained a salaried position with the City prior to the existence of a situation
City Administrator with written notice of the intended removal, the City
contemplated'by this provision;.however, Council members or officers with Council may, end the Administrator from duty, but the compensation
appointive powers in such a,.situation shall'disqualify themselves from all Y sus p
decisions affecting the employment and promotional status of such person.. shall continue until removal as herein provided. In removing the City
Administrator, the City Council shall use its uncontrolled discretion and its
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and shall not depend upon-any particular showing or
' ac ion shall be final
ARTICLE IV degree of proof at the hearing, the purpose of which is to allow the City
APPOINTIVE OFFICES AND PERSONNEL 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 400. CITY ADMINISTRATOR COMPOSITION, TERM,
ELIGIBILITY, REMOVAL. Section 401. POWERS AND DUTIES. Except as otherwise provided
in this Charter, the City Administrator shall be responsible to the City
(a) Composition. There shall be a City Administrator'who shall be the Council for the administration of all affairs of the City. Without
chief.administrative officer of the.City: proper
limiting this general grant of powers .and responsibilities, the City
(b) Term. 'The Administrator shall be appointed by the affirmative vote Administrator shall have the power and be,required to:
of at least a majority of the members of:the .City..Council and shall serve at (a) Appoint, promote, demote, suspend or remove department heads,
the pleasure`of the City'Council; provided, however, that the person officers and employees of the City except elective officers. However, no
occupying the.office shall not be removed'from office'except as herein department head shall be appointed or removed until the City Administrator
provided:
shall first have reviewed such appointment or removal with the City Council
(c) );ligibility: The Admmistrakor; shall .bP.Ie chosen „on .the basis of and have received approval for such.appointment'or-removal by a majority
executive,and a dmmistrattve quahfications,rwith special;ieference to actual vote of the full,Crty Council.
experience:in.and;knowledge of accepted practiceas regards;the duties of the 6 :Pre are the:bud et annually;submit,it to the City Council;and be
office as herein,set forth Nojpersonr�shallabe eligible:to be;appointed, City e:for its admire siration:upon adoption: .
f r r1. responsibl
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(e)_Prepare and submit to the City Council as of the end of each,fiscal deputies and employees as the City Council may provide by ordinance or
year;- a complete.report on the finances of-the.City, and annually or more resolution. The City Council shall establish such reasonable compensation
frequently, a current.report of, the principal administrative activities of the and fringe benefits as are appropriate by ordinance or resolution for such
City.
offices, officials and.employees except as herein provided.
(d) Keep the City Council advised of the financial condition and future The City Council shall maintain by ordinance a comprehensive
needs of the.City and make such recommendations as may seem desirable. personnel system for the City. The City Administrator, Assistant City
(e) Maintain a centralized purchasing` system` for all City offices, Administrator and any officers designated as elective by the Charter shall ds
departments and`agencies. exempt. The system shall consist of the establishment of minimum standards
of employment and qualifications for the various classes of employment and
(f) Prepare, administer and enforce rules and regulations recommended procedures to be followed in advancement, demotion, suspension and
to and adopted by the,:City Council governing the contracting for,
purchasing, inspection, storing, ;inventory, distribution and dis osal of all discharge of employees included within the system,as the City Council shall
p determine to be for the best interest of the public service. The ordinance shall
supplies, materials and equipment'required by any,office, department or designate the appointive officers and employees who shall be included within
agency of the, City.government.
the system. By subsequent ordinances the City Council may amend the
(g) Be responsible for the compliance by th'e.City with the laws of the system or the list of appointive officers and employees included within the
State, pertaining to the City, the provisions of this. Charter and the system, provided, however, that once included within the system, no officer
ordinances,,franchises,and rights,of the City. or employee shall be withdrawn therefrom (unless the office or position is
actually abolished or eliminated)without the approval of such withdrawal at
(h) Subject to„policy`established bythe City Council,exercise control of a regular or special election by a majority of the voters voting on such
all administrative offices and departments of the;City and of all appointive proposition. The system shall comply with all other provisions of this
officers and employees 'except those directly;appointed by the City Council Charter.
and prescribe such general rules and regulations as he.may deem necessary or
proper for the general conduct of the administrative offices and departments Section 404. RETIREMENT SYSTEM, The City shall participate in a
of the City, under his jurisdiction. retirement system.
(i) Perform such other duties consistent with this Charter as may be
required by the City'Council, Section 405, BOARDS, COMMISSIONS AND COMMITTEES. The
Section 402. : ACTING CITY `ADMINISTRATOR.: During any City Council shall establish such boards, commissions and committees as are
deemed necessary for the orderly functioning of the City. All such boards,
temporary absence or disability of the'City Administrator, the Assistant City commissions and committees shall report directly to the`City Council.
Administrator shall serve as Acting`:Ci y -Administrator., .During any
temporary absence;..or disabi(tty`,'6E both 4he City<:Administrator.and the
Assistant.City Administrator, the City Administrator shall appoint one of the ARTICLE V
other officers or department,heads of ,the ,City,,to serve as Acting City ( ORDINANCES AND RESOLUTIONS
Administrator. In the; event the,,City Adininistra`tor fails to make such
appointment, such appointment may be`made by the,City Council. Section 500.. REGULAR ORDINANCES. ENACTMENT,
ADOPTION, PUBLICATION, AMENDMENT, WHEN 'EFFECTIVE,
Section`403 `PERSONNEL; In '4ddrti6ii to` 'he City Council,'a City ( AND CODIFICATION.
Clerk; a City Treasurer, atity Attorney;and City Administrator;the officers (a) Enactment. In addition to such other acts of the City Council as are
and employees of the Crty shall;consist of such other officers, assistants;
required;by this..Gharter to be taken by ordinance, every-act=of the-City.
Council establishing a fine-or other penalty, or granting a franchise, shall be
a a by ordinance. The enacting clause of.all ordinances shall be substantially as
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follows: "The City Council of the City,of Huntington Beach does ordain as (f) Codification. Detailed regulations pertaining to any subject and
follows:." No order for the payment�of money shall be adopted or made at comprehensive codifications of valid ordinances may be adopted by
other than a regular or adjourned regular meeting. Upon introduction and reference, with the same effect as an ordinance, in the manner set forth
second reading, an ordinance shall be read by title only. Unless a higher vote herein; however, such regulations and codifications-need not be published in
is required,by other provisions of this Charter,the affirmative votes of at least the manner.required for other ordinances, but not less than three copies .
four members of the"City Coumcil.shall be required for the enactment of any thereof shall be filed for use and examination by the public in the office of
ordinance.or for the making or approving'of any order for the payment of the City Clerk prior to adoption. Ordinances codified shall be repealed as of
money. All ordinances shall be signed by the Mayor'and attested by the City
the effective date of the codification: Amendments to the code shall be
Clerk.
enacted by ordinance.
(b),Adoption: A regular,ordi
inancell shall be adopted only at a regular or Section 501. EMERGENCY ORDINANCES. Any ordinance declared
adjourned regular meeting held no less than five days after its introduction. by the City Council to be necessary as an emergency measure for the
In the event that,any ordinance is altered after its:introduction, it shall be immediate preservation of the public peace, health, or safety,and containing
finally adopted only at a regular or adjourned regular,meeting held no less a statement of the reasons for its urgency, may be adopted in the manner
than five."days after.the date it so altered:The correction of typographical provided in Section 500 except that such emergency ordinance may be
or clerical:errors shall not constitute,the making of an alteration within the introduced, enacted and adopted at one and the same regular or special
meaning of,the foregoing sentence.
meeting and shall take effect immediately upon adoption if passed by at least
(c) Publication The CityGlerk shall cause each ordinance to be.posted five affirmative votes.
in three places desrgnafedI by the City Council within the City and to be
published by title with a brief summary at least once within fifteen days after Section 502. RESOLUTIONS. The City Council may act by
its adoption in a daily,`semi-weekly or weekly;newspaper, published in the resolution or minute order in all_actions not required by this Charter to be
County or the City and circulated in the City, which is selected by the City taken by ordinance.
Council for that purpose.
Section 503. PUBLISHING OF LEGAL NOTICES. The City
(d) Amendment. The amendment of any section or subsection of an
ordinance may be accomplished solely by the re-enactment of such section or Council shall cause to be published all legal notices and other matter
subsection at lengthy as amended., .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
(e) When Effective. iJvery ordinance sh,A,become effective thirty days selected lected by e.th City Council for that purpose. No defect or irregularity in
frorn(and after'the date of its adoption, except"the following;jwhich shall take proceedings taken under this section shall invalidate any publication where it
effect"upq"n.adoption: law or ordinance.
is otherwise in conformity with this Charter or .
(1) An ordinance calling or otherwise relating to an election; AR'QGCfl.E !/6
(2) An improvement proceeding ordinance;adopted under some FISCAL ADMINISTRATION
special law or procedural ordinance relating thereto;
Section 600. FISCAL YEAR. The fiscal year of the City shall be from
(3)'An ordinance declaring the'amount of money necessary to be _ ' July 1 to June 30 unless otherwise established by ordinance.
raised by taxation;' or fixing the rate of property taxation, or levying the
annual tax upon property,
Section 601. ANNUAL BUDGET,.PREPARATION BY THE CITY
(4) An emergency ordinance3adopted in the manner provided in ADMINISTRATUR,,'At such date as the City Administrator shall determine,
this Charter' ] , " §° z `f a department head shall furnish to the City
each board or commissiOn and each
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Administrator,-personally; or through the Director of Finance, estimates of expenditures shall be and become appropriated to the several departments,
the department's, board's or.commission's revenue and expenditures for the. offices and agencies for the respective objects and purposes'therein named;
ensuing fiscal year, detailed in such manner as may be prescribed by the City provided, however, that the City Administrator may transfer funds from one
Administrator. In .preparing,the proposed::budget; the City Administrator object or purpose to another within the same department, office.or agency.
shall review, the. estimates hold`conferences thereon with .the respective All appropriations shall lapse at the end of the fiscal year to the extent that;
department heads; boards or'commissions as necessary, and may revise the they shall not have been expended or lawfully encumbered.
estimates as may be deemed advisable
At any public meeting after the adoption of the budget, the City
Section 602. ANNUAL BUDGET SUBMISSION TO THE CITY Council may amend or supplement the budget by motion adopted by the
COUNCIL. The City Administrator shall submit the proposed budget to the
affirmative votes of at least a majority of the total members of the City
City Council at least sixty days prior to the beginning of each fiscal year. Council.
After reviewing the proposed budget and making such revisions as it may Section 606.' DETERMINATION OF CITY TAX RATE. The City
m dee advisable,the City Council shall hold a public hearing thereon at least Council shall prescribe by ordinance for the assessment, levy and collection
fifteen days prior to' the beginning:of:each fiscal year and shall cause to be of taxes upon property which is taxable for municipal purposes. If the City
published a noticethereof not less'than ten days prior to said hearing. Copies
of the proposed budget.shall be available for inspection by the public in the Council fails to fix the rate and levy taxes on or before August 31 in any year,
offices-of. the City Clerk at least ten<days prior to'said'hearing: 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
Section 603.`.` ANNUAL BUDGET PUBLIC HEARING. At the time taxable property in'the. City for the current fiscal year.
so advertised or'at any time to which such publiehearing shall from time to
time be adjourned;:!the City Council,shall hold.a public hearing on the Section 607: TAX LIMITS.
proposed budget, at which interested persons desiring to be heard shall be given (a) The City Council shall not levy a property tax for municipal
such,opportunity.
e Dollar annually on each One Hundred Dollars of
purposes in excess,of On
.Section 604; ANNUAL BUDGET. FURTHER CONSIDERATION the assessed value of taxable property in the City, except as otherwise
AND ADOPTION. At the conclusion of the public hearing the City Council provided in this Section, unless authorized by the affirmative votes of a
shall further consider,the proposed budget and make any revisions thereof majority of the electors voting on a proposition to increase such levy at any
that it may deem advisable and on or before:the last day of the fiscal year it election at which the question of such.additional levy for municipal purposes.
shall adopt the budget with,revislons °If any; by+the affirmative votes of at is submitted to the electors. The number of years that such additional levy Is
least a majority of the total members of the Council.Upon final adoption, the ! to be made shall be specified in such proposition.
budget shall be in effect for the ensuing fiscal year. Copies the certified (b) There shall be levied and collected at the same time and in the same
by the City Clerk, shall,be.filed with the:City Administrator, Director of "
manner as other property taxes for municipal purposes are levied and
Finance, City Treasurer and ;the:person:retained by the City Council to collected, as additional taxes not subject to the above limitation, if no other
perform the post audit function, and a further,copy shall be placed,and shall i . provision'for payment thereof is made:
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 1. A tax sufficient'to meet all liabilities of the City of principal and
made available for the use of the public and of`departments, offices and interest of all bonds and judgments due and unpaid,or to become due during
agencies:of the,-City,`,. 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
'Section 605 ANNUAL,,BUDGET APPROPRIATIONS. From. the retirement system;in which the City participates, due and unpaid or to,
effective date of the budget, the' everal:amounts stated therein as proposed become:due during th'e ensuing.,fiscal-,year.
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(c) `Special-levies, in,addition to the above,and"not subject to the above for purposes of City'taxation, of all the real and personal property within the
limitation, may be .made.,annually, based on. City .Council approved City.'
estimates, for the following specific purposes;but not to exceed the following No bonded indebtedness which shall constitute a general obligation of
wit: Parks
limits for those purposes for,which limits are herein set forth, to the City may be created unless authorized by the affirmative votes of the
Hwit: Parks and recreation and human services not to exceed $0,20 per One majority required by law of the electors voting on such proposition at any
undred'Dollars; 'libraries not to exceed $0,15 per One Hundred Dollars; .election at which the question is submitted to the electors. _
promotional interests and cultural affairs pot to exceed $0.07 per One
Hundred Dollars; and civil defense and disaster preparedness not to exceed Section 611. REVENUE BONDS. Bonds which are payable only out
$().()3 per One Hundred Dollars,' The proceeds of any special levy shall be
used for no other purpose than that 'specified. 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
Section 608. VOTE >REQUIRED FOR TAX MEASURES. No tax City, No such bonds payable out of revenues'shall be issued without the
property tax, or other,measure whose':principal purpose is the raising of assent of a majority:of the voters voting upon the proposition for issuing the
revenue, or any increase in,the amo ition shall have been duly submitted
unt`thereof, shall be levied, enact d or same at an election at which such propos
established except by ordinance adopted by the affirmative votes of at least to the registered voters of the City.
five(5)members of the City Council; provided,however, that any tax levied It shall be>competent for the City to make contracts and covenants for
or collected pursuant-to Section 607(b)of;this Charter shall be exempt from the benefit of the holders of any such bonds payable only from revenues and
the minimum voting requirement�of this�Section:
which shall not constitute a general obligation of the City for the
This Section shall not apply to any license, permit, or any other fee or establishment of a fund or funds, for the maintaining of adequate rates or
charge whose principal purpose is to pay or reimburse the City for the cost of charges; for restrictions upon further indebtedness payable out of the same
performing any:regulatory function of the City under its police ower.in fund or revenues, for restrictions upon transfer out'of such fund, and other
connection with.the.City s duty to pre'serve',or maintain the.'public peace, appropriate covenants. Money placed in any such special fund for the
health, safet and welfare P p
Y; payment of principal and/or interest on any issue of such bonds or to assure
1 his Section shall not apply to any user or service fee or charge provided the application thereof to a specific purpose shall not be expended for any
such,fee,or charge is directly'rr?lated tosuch use or:service,ris charged to the: other purpose whatever except for the purpose for which such special funds
user or person recervmg`such service, and is to pay or'reimburse the City for were established and shall be deemed segregated from all other funds of the
th costs"of providing such use,or se'r`vice City and reserved exclusively for the purpose for which such special fund was
established until the purpose of its establishment shall have been fully
This Section shall not apply to any fee or charge relating to any franchise accomplished.
or proprietary function of the City.
Section 612. -SALE,OF PUBLIC UTILITY. No public utility now or
Section.609.' REAL ESTATE TRANSFER"TAX, The CityCouncil 9 hereafter owned or operated b the City shall be sold, leased or otherwise
shall.not levy a:tax on. the transfer or'conve ante of an disposed Y Y
y y interest in real transferred or dis osed of unless authorized by.the affirmative votes of at
property' unless authorized by:the affirmative votes.of a majority of the least a majority of the total membership of the City Council and by the
electors voting on`a proposition submitted to`the'electors to authorize such affirmative votes of at least a majority of the electors voting on such
tax at a general"or speciaV election
proposition of a general or special election at which such.proposition is
submitted.
Section 610 ,.'. BONDED DEBT i`_IMIT The-"City shall not incur an
indebtedness evidenced .by general obhgatioq bon%Is wh eh;;sha11 in the Section 613., EXECUTION.OF CONTRACTS. Except as hereinafter "
aggregate exceed'the sum of twelve percent of,athe total assessed,valuation; provided, the.City shall be bound by a contract only if it is made in writing,
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approved by the City Council and signed on behalf of the City by the Mayor in: the'manner stated without further`,observance of.�,the provisions of thls
and City Clerk or by a City officer designated by the City Council and only section.
upon the direction of the City Council. Exceptions to this procedure are as f.,,.
follows: All public works contracts exceeding the"sum of$25,000'may be let and
purchases exceeding the sum of'.$25,000 maybe made without advertising for
(a) By ordinance or resolution the City Council may authorize the City bids if'such work or the purchase,of such materials,,or x supplies shall be,
Administrator or other officer to bind the City, with or without a written, deemed by the City Council to be of urgent necessity for the preservation of
contract, for the acquisition of equipment, materials,supplies, labor, services life, health,'or property and shall be,authorized by;aE least#ive,affirmative.
or other items included within the budget approved by the City Council,and votes of the City Council.
may impose a monetary limit upon such authority:
Projects for the extension, replacement or expansion of the transmission
(b) By ordinance or resolution, the City Council may provide a method or distribution system of any existing public,utility operated by the City or
for the sale or exchange of personal property not needed in the City Service for the purchase of supplies.or-equipment for any such,project or any such.
or not fit for the purpose for which intended, and for the conveyance of title utility may. be excepted from:the requirements of. ,this section;by the
thereto. affirmative"Vote of a majority of the total members of the City. Council.
(c) Contracts for the sale of the products,commodities or services of any Section 615: GRANTING OF FRANCHISES'. The City Council shall
public utility owned,.controlled or operated by the City.may be made by the -
ulate
manager of such utility or by the head of the department or .City by`ordinance reg 'the granting'of franchises for°the.City.
Administrator upon forms approved by the City Administrator and at rates
fixed by the-City Council. 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.de.ems necessary. Such audits shall
Section 614. CONTRACTS ON PUBLIC WORKS. Except as
hereinafter expressly provided, every contract Involving an expenditure of be made by a, certified,public'accountant'or.firm of such accountants who,.
more than Twenty-Five Thousand Dollars ($25,000).for the construction or have no personal'interest; direct or'indirect, in the fiscay affairs of the Clty
improvement(excluding'maintenance and repair)of public buildings,works, government or any,of its officers. 'The Council may, without"requiring
streets, drains, sewers, utilities, parks and playgrounds, and each separate competitive bids; designate 'such accountant or firm annually provided that
purchase of materials or supplies for the same, where the expenditure the:designation:for any'particular fiscal year shall,be made no later than 30
required for such purchase shall exceed the sum of Twenty-Five Thousand days after the beginning of such fiscal year.'As soon as practicable after the
Dollars ($25,000); shall be let to the lowest responsible bidder after notice by end of the fiscal year, a;final`'audit and report shall be:submitted by such
publication in accordance with Section 503 by two or more insertions, the accountant to the City Council, one copy thereof to be distributed to each
first of which shall be at least ten days before the time for opening bids. 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 .
The City Council may reject any and all bids presented and may public;and a copy,of thefinancial staternent:as of the close of the fiscal year
readvertise in its discretion. After rejecting bids, or if no bids are received, or shall be published.in ;the official,newspaper.'
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 AR ''CLE bl9
performed better or more economically by the City with its own employees, ELECTIONS
or that the materials or supplies may be purchased at a lower price in the
open market, and after the adoption of a resolution to this effect by the Section 700. . GENERAL MUNICIPAL .,ELECTIONS... General
affirmative votes of a majority of the total members of the City Council, it municipal elections shall be held in the,City.on the second Tuesday in April
may proceed to have said work done or such materials or supplies purchased in each even,numberedyear.
18 19
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Section 701'. 'SPECIAL' MUNICIP fl �`� ,x �z� � -����c-its , �.n�� � F ��r r�`' s � r•� �
�
AL ELECTIONS: All other (a) Shall as mandatory,and mayTrs permissive #,* ,h ,{>
municipal elections that may be held by authority of this Charter, or of any ,
law,shall be known as special municipal-elections. (b) "City rs"`_the City ,of�_Huntrngton Beach and ":'.department,
"board, ' `commission, '` agency, `officer,'< or 'employee,.'' rs
Section 702. PROCEDURE FOR HOLDING ELECTIONS, All •'department, board;coFrimssion;"agency;officer or employee,as the case may
elections shall be held in accordance with the provisions of the Elections be,of the City of Huntington Beach
Code of the State of California, as the'same now exist or.hereafter may be (c) "County",is the,County of Orange
amended, for the holding of municipal elections, so far as the same are not in (d) "State" is the State,of Califorma:;
conflict with this Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There . (e) The masculine includes the feminine and the feminine includes the .
masculine.
are hereby reserved to the electors of the City the powers of the initiative and (f) The singular includes the.plural and the.plural the singular
referendum and of the recall of municipal elective officers.The provisions of
the Elections Code of the State of.California, as the same now exist or, (g) "Person' includes,firm and corporation.
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. Section 802. VIOLATIONS. The",.violation of any provision of thin
such provisions of the Elections Code are not in conflict with the provisions Charter shall be a'misdemeanor"and shall be punishable upon conviction by a
of this.Charter. fine of 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
Section 704. NOMINATION PAPERS. Nomination papers for each .day that any such .violation,continues .shall,constitute a separate
candidates for elective municipal office must be signed by not less than violation.
twenty nor more than thirty electors of'the City:
ARTICLE Vill h .
MISCELLANEOUS
t
Section 800. TRANSITION. Elective officers and elective officers
Whose.offices are made appointive of.the.City shall continue to hold such i
offices until the completion of their current terms and the election or
appointment and qualifications of their respective successors under this
a
Charter. All boards,commissions and committees presently in existence shall
continue to act in.accordance with their original grant of authority until such j
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, x
amended,'changed or superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or. the context
otherwise requires, as used in this Charter: 3
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CITY ATTORNEV'S,IMPARTIAL ANALYSIS ®F PR®F�®S9�AQ�
OF PROPOSITION D.
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Vote YES on Proposition`ll td provide for a more efficient, effective city;
The existing City Charter contains a number of "housekeeping" government. The,Charter,is the 'constitution ;of•thecity in that it describes
provisions which will be streamlined by approval of Proposition "A." The restrictions on the_powers'.ahat are granted to it by„the State of;California.
controversial measures, Propositions"B;'' "C,""D,""E,"and"F,''are in no Charter cities such as Huntington each have the authority to write their,
way affected by the vote on Proposition "A." There is insufficient space in own charters (rules for the city)as long.as the rules do not conflict with state
this analysis to describe in detail each provision of the existing Charter which law' -
will be amended by the adoption of Proposition "A" and therefore, a close The existing charter is old and outdated and it has needed revision for many
reading of the text of the proposed amendments is recommended. years. There are sections which are now in conflict with state law and are no
longer legal; these need to be changed. The proposed charter is an attempt to
revise, modernize, and streamline the charter to make City operations more
Shall the existing charter, with the exception of the
provisions mentioned in Propositions E through J YES efficient and effective.
® on this ballot, of the City of Huntington Beach be Proposition D has been referred to, as a "housekeeping'.' item; it includes
repealed and in place thereof shall the proposed matters that are important.to the daily functioning of'the City and contains
charter provisions approved by the City Council on N® essentially non-controversial items.,Propositions E, F; G, H,and J(following)
January 30, 1978, be adopted? are those items which the City Council believes.the public would like to vote
on,separately..The alternative;selected by the voters on those propositions.
will be inserted into the existing charter,or the new proposed charter if
Proposition D passes.
In order to modernize the outdated charter of the City of Huntington Beach,
vote YES on Proposition D.
City Council
Alvin M. Coen Ron Shenkman
i Ted W. Bartlett , Norma Brandel'Gibbs
ARGUMENT AGAINST,PROPOSITION ® .
(None Filed)
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New provisions or language added,to`the existing'Charter section are,
a R
shown in BLACKFACE type; words and figures deleted from the"existing
Charter section are shown in Strike Out A Section 500`. CITY "COUNCI,L,; ATTORNEY, CLERK AND
the
TREASURER. TERMS. The'elective officers of the City all,consist'of a
City Council of seven members;'a City Clerk; a:Gity.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 five'members of the,City
Council in office at the time this Charter takes effect shall continue in office ,
until the expiration of.their respective',-terms and,until their successors are:
elected and "qualified, and 'shall constitute, 'the City Council until two
additional;members are elected%as hereinafter"provided."`.Four members'of
the City Council shall be elected at the"general'municipal election held in
April, 1966, and each'fourth' year`"thereaften.Three,meriitiers of the City
Council shall be elected at the general municipal election held in April, 1968,
and each fourth year thereafter.:No persons shall be elected as a member of
the City Council for more than.l 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' hall`be elected to the City Council more
than one.further consecutive term.
In the event this 'Charter shall not take effect in time to elect four ,
>' members of the City Council at the general municipal election held in April," "
1966, and only two members of the City Council are then elected, a special
election shall be called and'held.not less than sixty(60);nor more than:ninety
(90) .days after the effective date ofthis::Charter to additional !
members of the City Council for the remainder of the.terms expiring in April, -
1970.
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`thee
general municipal election" held""'in April, 1968, and ,each' fourth year n
thereafter: A City Attorney shall'be elected in April, 1966, and'each fourth
year thereafter.
The term of each member of the.City,Council, the City Clerk, the City
Treasurer and the City'::Attorney shall. commence:;on•�-the-first Monday.
following his election. Ties"in voting among candidates for:office,shall be
r` settled by the casting of dots.
24 _ 25
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C9TY ATTORNEY'S IMPART9AL ANALY39i ARGUMENT'9d�0'��iIOR 0F�TR®PO39T9ONt E
OF PROPOS9TION IE
All Citizens.`and voters in Huntington Beach should be'in fav r of this
The existing City Charter has no limit upon the number of consecutive Proposition. f 3
terms a member of the Council may serve. Approval of Proposition"E' will Because it"limits any,one councilmeiriber toeight years in office (two"
limit the number of terms a member of the Council may serve to two
consecutive terms. consecutive four-year terms), the public is better protected against:
a) Entrenched politicians beholden to and elected by special interest
groups.
b) Complacent-officeholders, tired of the continued' challenge•and
Shall Section 500 of the existing city charter be YES demands of public service,un'wllling to commit the time necessary to
y. y.
S amended to provide that no person shall be elected full stud ,the issues.
to the Council for more than two consecutive Our recent political histor "is filled with examples of politicians long overdue,
terms? NO P Y.! P P g
for retirement, but maintained in office by.special interests.
There are many qualified and dedicated.individuals .willing to serve the,
public in this community;: so no,problem. will ;be created .by passing this.
measure. In fact, the public will be benefited by new viewpoints and a fresh
outlook in approaching the many problems confronting local government.
We urge you to VOTE YES, on Proposition E.
Huntington Beach HOME Council
MARK PORTER,
President::
ARGUMENT AGA91t9STPROPOS9T9ON
(None Filed)
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PR®P®SI 1 @®N CO'!CY AV"�®�i��lf'�1M,PARTIAL,ANAILYSI,S Y
' ION F
Section'502. COMPENSATION AND EXPENSES. The members of
the City Council including the Mayor shall receive as'com ensation for their � .,
Y g Y P. The existing City Charter provides that members of=the CityrCouncil
services as s a monthly salary tie st -ef ewe ? including' the Mayor shall receive compensation of'.$175`per month, 'In.
Ui
4ellars f month the amount of which shall be determined by the addition, each member of the`City Council receives an expense allowance
following schedule: and reimbursement of';routme an ordinary, expenses. The proposed
Population Monthly Salary amendment would fix the salary of Council members in accordance with a
(a) 150,000 to and including 200,000 $400 sliding scale based upon the population of the City so that compensation may
(b) Over,200,000 to and including vary from a minimum'of$400.per month to a maximum of$600 per month,
250,000 $500 plus the, Mayor would receive an' additional $100 monthly stipend to
(c) Over 250,000 $600 supplement this salary. The City,Council would delineate by resolution the
benefits for which Council members are eligible.
The Mayor shall receive an additional $100 monthly stipend to
supplement this salary. For the purposes of this section the population
shall be determined by the estimates of population made by the
Department of Finance.of the State of California. In, addition, each Shall '.Section 502 of the existing,city charter be
member of the City Council shall receive reimbursement on order of the City amended to provide that the compensation.for the
Council for Council-authorized traveling and other expense when on official YES
Mayor and the City'Council members be set in
duty upon submission of itemized expense accounts therefor. The City accordance with`�a sliding''scale based upon the
Council shall delineate by resolution the benefits for which Council o ulation ,of the.city so that coin ensation may
members are eligible. k admen, wemer-s shall ;aeeiv�e sae# r-easoRghle P P Y P; Y
a� as � "� by �s w�l}ieli mowl
vary from a.minimum ,of,$400,per month to a
shad deemed is be of ewer;outiae and maximum of :$600 per month,, and further
lenses ee64 � e-of their se g as providing for,reimbursement of certain specified fig®
expenses in addition to. ,such monthly
compensation?
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ARGUMENT IN'FAVOR OF;PROPOSITION., ®P®S9TO®N® �' � k x Y
As part of.our report to theCity Council, the Charter Revision Committee Section 500:: �CI�'Y ;.�CCIUNCIL ' "' `'"CLERK. AND;
recommended that the City Charter be.amended.to increase the monthly ' ' '`
compensation of Members of the City Council from $175.00 to`,$4QO.00and TREASURER. TERMS '.the elechveofficers of theCity'shallconsist of�a'"
to eliminate the past practice of fixed monthly expense repayments of City Council of"seven-members, a CltyClerk;'and a,City TreaSurer:'s�d
3�all to,be elected from,the City at:large at the times'and in the
$125.00 per month which was established by Ordinance. dur committee felt manner provided in this Charter and who shall serve for terms of four years
that an increase in the compensation was warranted by(1)the increase in'the and until their respective successors qualify.
time now required by the work of the members of the city council, and (2)a
92.3% increase in the cost of living since the charter provision on Subject to the provisions of this Charter, the five members of the City
compensation was last amended in 1966. The city has grown from a Council in office,at the time this,Charter takes effect shall continue in office
,population of 40,000 to over 160,000 today. The+council members are now until the expiration of their respective terms and until their successors are
virtually required by their workload to function in the same manner as a elected and qualified, and shall constitute the City Council until two
board of directors would manage a large corporation, with a $53,000,000 additional members are elected as-hereinafter provided. Four members of
budget, 2,171-employees and administering a substantial number of projects the City Council;shall be elected at the general municipal election held in
funded by Federal, State and other governmental agencies: April, 1966, and each fourth year thereafter: Three members of the City
Council shall be elected at the general municipal election held in April, 1968,
In order to provide that the council member's compensation could be
and each fourth year thereafter.
increased as the duties and demands of the position increase, our Committee
felt that tying the compensation to the increase in population size was a good In the event this Charter shall not take.effect in time to.elect four
compromise between unlimited authority to set salaries by the council itself members of the�City Council at the general municipal election held in April,
and a fixed salary too low to attract qualified candidates f6r the council. 1966, and only two members of the City Council are then elected, a special
Our Committee believed the council members should be reimbursed for election, be called and held not,less than sixty(60)nor more than ninety
their legitimate out-of-pocket expenses incurred while on y business. The
(90) days after the effective date of this Charter to el
cit ect two,additional
amendment would permit reimbursement for actual expenditures upon members of the City Council for the remainder of.the terms expiring in April, .
presentation of the appropriate vouchers. 1970:
Subject to the provisions of this Charter, the City.Clerk; and City
The Charter Revision.Committee recommends a "Yes" vote on Proposition TreasurereedG4y Awe)in office'at the time this Charter takes effect,
F.
shall continue in office until the expiration of their respective terms and the
HAROLD S. BAUMAN qualification of their successors:'A City Clerk and City Treasurer;shall.be
Chairman, Charter Revision Committee elected at the general municipal election held in April,,1968,and each fourth
t year thereafter. -A be sleeted 4n PA Imo; ef►d$eel'},
ARGUMENT AGAINST PROPOSITION 1= thareaftep,
(None Filed) k4 The term of each member of the.City Council, the City Clerk,and.the
City Treasurer aod the Gity Atter-aay shall commence on the first Monday
following his election. ;Ties in voting,among' candidates for office shall be
,I settled by the casting of lots
Section 703-1. CITY ATTORNEY: Where shall be a City Attorney
appointed by.the City Administrator.with the approval of the CityCouncil.'
• P
30 31
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, Section 703-2. C
ITY ATTORNEY. 'AND'DUTIES. Tom
-b� -ate Feffiffl eligible 4er AROFney -the -peFsea eleeted .e
a"eInted-shell be ae aktoFneyat }ieeesed as saehUnde 4he lawse€ '
tie State of eie,-awl�#al1 lelieeir engaged i theaetfeeef}ate i$. The existing City Charter provides for the election of the City Attorney
+h4 e4w*4 fevA*Fee yea*s priei4@ his Wept-erappeintment.The City by the qualified voters'of;the.City at'large. The proposed'amendment would .
Attorney shall have the e+responsibility and may be required to: provide for the appointment of the City Attorney by the City Administrator
(a) Represent and advise the City Council and all City officers in all with the approval of the City Council.
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 Shall Sections '500 and 703 of`th'e existing city YES
state misdemeanors as the City has the power to prosecute, unless otherwise charter, which now provide for the election of the
provided by the City Council; City Attorney by the qualified voters of the city at
large, be amended to 'provide that the City
(c) Represent and appear for the City in any or all actions or Attorney be appointed by the City Administrator No®
proceedings in which the City is concerned or is a party, and represent and with the approval of the:City.Council?,
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 city employment or by z:
reason of official capacity;
r
(d) Attend all regular meetings of the City Council, unless excused,and
give advice or opinion orally or in writing whenever requested to do so by the s'
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 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 the 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 +o� seeeessef all books, papers, files, and documents
pertaining.to the City's affairs to a duly qualified successor.
32 33
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ARGUMENT IN FAVOR OF PROPOSITION G ,
FtE®UTTAL TA A�CUIYlENT;AGAINI7 zPI�GP®�19°I®N G
�k T
Efficient government requires a YES vote on "Proposition G. The City Proposition G: City.Attorney s
Charter should be amended to provide for the appointment,rather than the ;
election, of the City Attorney to ensure that the most highly qualified The City Attorney is'NOT a 'watchdog His purpose'is to provide legal
applicant gets the job.. advice to your City officials. You elect'the'City`Council to represent.1
ou and
be the "watchdog" of governmental affairs, not the City Attorney.
The City of Huntington Beach has a council-administrator form of government. This system combines the political leadership of It is impossible for a City Attorney to be a"rubber stamp." He cannot be told
elected officials,
in the City Council with the managerial experience of the City to write a legal opinion supporting a particular,point of view; the law and
Administrator. The Council sets policy and hires the Administrator and legal precedents are fact and cannot be changed:The Council does not want
supervises his performance; the Administrator recruits and hires the City's a biased report when it requests a legal opinion; the Council wants the truth
so the City will.not end up in court with costly lawsuits.
staff, and carries out the Council's policies,
The City Attorney is a department head responsible for giving legal advice to The Council does NOT want a "yes man" as City Attorney. The. Council
only wants to ensure that the Attorney will be capable of giving good,sound,
the City Administrator and City Council; this position should, therefore, be correct legal advice to the Council.,and staff:
appointed by the City Administrator with Council approval, through merit
system procedures (advertising, applications, interviews) as are other All City offices are open to the public, whether the department head is
department heads. The City Attorney is not a policy making position and ; appointed or elected. The City Council,wants it that way and State law
should not be an elected official. Only through the appointment procedure requires that it be that way. "
can the City be assured of having a competent legal'advisor. The vast.
majority of City Attorneys in California are appointed; Huntington Beach is Of the 417 incorporated cities in California, less than 10 still have elected
City Attorneys. Let's modernize our City and make sure we have an expert
one of the few cities left in California to have this outdated elective office. , City Attorney. Vote YES on Proposition G.
An election does not. measure an attorney's technical knowledge or Councilman ALVIN M. COEN
competence; it only measures his ability to run a successful campaign. In' Councilman TED W. BARTLETT
addition, an election gives the incumbent four years of"tenure" in which he Councilman RON SHENKMAN
cannot be dismissed for incompetence; as can other appointed employees F Councilwoman NORMA BRANDEL GIBBS
when cause is shown.
In conclusion, it is in the best interests of the taxpayers of Huntington Beach
to vote YES on Proposition G so that the most highly qualified attorney will
be giving legal advice to your government officials.
City Council:
ALVIN M. COEN RON SHENKMAN
TED W. BARTLETT NORMA BRANDEL GIBBS
f
34 35
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ARGUMENT AGAINST PROPOSI 00N
REBUTTAL T� ARGUMENTS 6N FA! OR OFF PROP®E6`(f0®N Q
This proposition was soundly trounced at the polls FOUR times DON T.$Eu DECEIVED
because you knew it was bad. Why is the city council trying again? VOTE 'NO O.N PROPOSITION G:
°You have the RIGHT to elect your City Attorney. An elected City Eighteen months ago, ;the 'City Council :appointed seven men and
Attorney is responsible to the people, but if the city council is allowed to
appoint its own "yes man" or"yes woman," it would disrupt our American women,' all volunteers,,to,a Charter Revision Committee. The Committee
system of checks and balances, and invite abuse of power. was charged with the responsibility of drafting a new Charter which would
be submitted to theoters for.adopt*the'voters on.'
*The City Attorney is the WATCHDOG. Is it reasonable to have the The Committee worked diligently for one year. They studied the elected
watchdog controlled by those he is watching? versus appointed. City Attorney: issue in depth and .their- final.
*Do you want another bureaucrat? An elected City Attorney is recommendation was to retain the City Attorney.as an elected official. The
responsible and responsive to you, the electorate. An appointed City Committee's reasons were:
Attorney becomes a bureaucrat,,loyal and responsible to the city council. He I. To guarantee the independence and objectivity of the City Attorney;
becomes a RUBBER STAMP for the council. Is that what you want? 2. Because they understood the.,need for the City Attorney to act as a
*The City Attorney must be INDEPENDENT in order to give check and balance to the City Council as a means of protecting the
OBJECTIVE legal advice to the council. If he is,the PUPPET of the council, rights of the people; and
he may only give the advice the council wants to hear.And that may NOT be 3. To preserve an independent voice in the city hall who could stand up
in the peoples' best interestl for the people against possible arbitrary and illegal actions of the City
Council. .
°An elected City Attorney keeps an OPEN OFFICE. He is always
concerned with your inquiries'and problems. His door will always be open to When the Committee's recommendations came before the Council, it
you, If the City Attorney is an appointed bureaucrat, he will not have time took the Council thirty seconds to reject the Committee's proposal.
for you. Why??
*The city council wants a CLOSED city hall. It wants CONTROL of the Because the City Council wants to control the City Attorney and make
City Attorney as well as the City Treasurer and City Clerk you now have. him their "rubber stamp.'',.If this`'hap
y an t and
you will lose the protection you
VOTE NO TO THIS FIFTH ATTEMPT TO REMOVE YOUR RIGHT TO now have b independend uncontrolled.City Attorney,and you will.
VOTE FOR A RESPONSIVE CITY ATTORNEY. have gained another appointed"bureaucrat.
KEEP THE HUNTINGTON BEACH OFFICE OF CITY ATTORNEY DON'T BE DECEIVED
ELECTIVE. VOTE "NO ON PROPOSITION G.
VOTE NO ON PROPOSITION G. COMMITTEE TO PRESERVE AND
COMMITTEE TO PRESERVE AND PROTECT ELECTED GOVERNMENT
PROTECT ELECTED GOVERNMENT ROBERT L.:SMITH
WARREN G. HALL MARY AILEEN`MATHEIS.
ROBERT L. SMITH WARREN G. HALL
DECATUR DILDAY DECATUR DILDAY
MARY ARLEEN,MATHEIS DON P. BONFA
DON.P. BONFA
36 37
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;PR®P®S1'b'8®ER9:H f 'Section.709 2, CI ,YAC ER)1C.�PQWERS�ANI`l`DUTIES' The City �
Clerk shall have the
dower and sllberequired to ; x �;, ';
Section 500. CITY" COUNCIL, ATTORNEY-, GLER 4 AND
TREASURER. TERMS. The elective officers of the City,shall consist of a (a) Attend all .meetings of the City Council, unless excused, and be
City Council of seven members Glerka City Treasurer and a City responsible for the'recording and'mamtaining of a full'and true`record of all .
Y �Y Y Y
Attorney, all to be elected from the City at large at the times and in the of the proceedings of the City Council m books that shall bear appropriate
manner provided in this Charter and who shall serve for terms of,four years title and be devoted to such purpose,
and until their res ective successors qualify. b Maintain se arate"books `in which shall be recorded respectively all
p q Y O p s p Y
ordinances and.resolutions, with the certificate of the Clerk annexed to each
Subject to the provisions of this Charter, the five members of the City "
Council in office at the time this Charter takes effect shall continue in office thereof stating the same to be the original or a correct copy, and as to an .
until the expiration of their respective terms and until their successors are ordinance requiring publication, stating that the same has been published or
elected and qualified, and shall constitute the City Council until two posted in accordance with this Charter; "
additional members are elected as hereinafter provided. Four members of (c) Maintain separate'records of all written contracts and official bonds;
the City Council shall be elected at the general municipal election held in (d) Keep all, books and records4t+4+is'gess@ssi@ properly indexed and
April, 1966, and each fourth year thereafter. Three members of the City open to public inspection when not in actual use;
Council shall be elected at the general municipal election held in April, 1968,
and each fourth year thereafter. (e) Be the custodian of the Seal of the City;
In the event this Charter shall not take effect in time to elect four (f) Administer oaths or;affirmations, take affidavits and depositions
members of the City Council at the general municipal election held in April, pertaining to the affairs and business of the City and certify copies of official
1966, and only two members of the.City Council are then elected, a special records;
election shall be called and held not less than sixty(60)nor more than ninety
(g) Be ex-officio Assessor, unless the City,Council has availed itself, or
(90):days after the effective date of this Charter to elect two additional does in-the future avail itself,of the provisions of the general laws of the State
members of the City Council for the remainder of the terms expiring in April, relative to the assessment of property and the collection of city taxes by
1970. county officers,or unless the City Council by ordinance provides otherwise;
Subject to the provisions of this Charter, the 4Sity 61er1F City Treasurer (h) Have ehafg@Be responsible for the conduct of all city elections;
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 (i) Perform such other duties consistent with this Charter as,may be
their successors. A GA-y "leWiCity Treasurer shall be elected at the general required by ordinance or resolution of the City Council:"
municipal election held in April, 1968, and each fourth year thereafter. A The,City Clerk may,,subject to the approval of the City Council,appoint
City Attorney shall be elected in April, 1966,and each fourth year thereafter. such deputy or deputies to assist4or act for#ice the City Clerk, at such
The term of each member of the City Council, the 464}, Gler-lF City salaries or compensation as the Council may by ordinance or resolution
Treasurer and the City Attorney shall commence on the first Monday prescribe.
following his election. Ties in voting among candidates for office shall be
settled by the casting of lots.
r
Section 704-1. CITY CLERK. There shall be a City Clerk appointed
by the City Administrator with the approval of the City Council.
38 .
39
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CITY'ATTORNEY'S IMPARTIAL ANALY.SIS /lRQ1�6lAEMTIN FA1l0R�OF PROPOSI�TI®N FI a' a
OF PROPOSITION H
. .:s,the position s
Again, the best wa to ensuro that a,competentlindrvidual,hold Y .
The existing City Charter provides for the election of the'CityClerk by is'to vote'YES on Proposition H which would require that the City Clerk be J
the qualified voters of the City at large. The proposed'amendment would appointed rather than elected `
provide for the appointment of the City Clerk by the City Administrator with
The City Clerk is responsible for maintaining theofficial records of the City
the approval of the City Council. and is not in a olicy.making position.'As`a department`head;-the CityCleik .
�.
should be appointed by` the City Administrator'.with Council`approval,
Shall Sections 500 and 704 of the existing city1.through merit system procedures.(advertising,;applications,,interviews) as
charter, which now provide for the election of the YES are other department heads. Only through the appointment procedure can
H City Clerk by the qualified'voters of the city at
the City be assured of having a competent City Clerk.
large, be amended to provide that the City Clerk The current CRY.Clerk;supports; the:change;from:elected to.appointed
be appointed by the City Administrator with the NO because,she feels a state wide search for the most highly qualified candidate
approval'of the City Council? is the only efficient way of ensuring that the-position is filled by a competent,
experienced individual. When the position is filled by election, "applicants"
are limited to registered voters in Huntingtop Beach,very few of whom have
any experience in this'field. An elected.City Clerk who is not able to handle
the job cannot'be dismissed, as`can other City employees.
The creation and maintenance of.,public records would,;be handled no
differently under an appointed-clerk„but Huntington Beach residents would
be assured that a competent City.Clerk'would be in charge..More than two-
thirds'of the City' Clerks in Orange County are appointed, officials.
In 'addition,,_by State law.the City Clerk is responsible for conducting
elections,and-it puts'the:incumbent)Clerk in;a,somewhat:awkward position ..
to be managing"the election,and running for office.at the same time:.
If you want to make sure that the records of the City are maintained properly
and that elections are run:properly, vote YES on Proposition:H
r
City Council
1 ,
ALVIN M COEN `. RON SHENKMAN
TED W. BARTLETT NORMA BRANDEL GIBBS
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k.x , � s,�. s,t Syr �c€`,-•Y�� sic .:r ��,'�s ,taz+fin h"'�T� �',:„e :r.'t �'.kk: � ram. 4i!'7+ Y;1
qq
ARGUMENT:A®AINST PW®Is®WITI®N I�I 4 'i;E ' h4^ C�OP
. r 1
The City Clerk must remain elected. ' Section_500. ,'CITY CQUNCIL, 4ATTORNEY, AND CLERK
RE 4 91 RrI HrTERMS The elective officers of:the City-shall consist'of a City
For the fourth time in ten years you, the people, are being asked to make
Council of•seven,=imembers, Ya Cit —Perk, .may; esst�r !.'and°a City
your City Clerk just another bureaucrat. Attorney, all to be.elected•,from',the City at large at the',times and ih'the
It has been tdrned down byyou voters the previous three times and we think manner provided.in.this Charter.and who,shall;serve for.terrps.of four years
you should make it four times. and until their respective successors qualify,
Why should you turn it down the fourth time? Subject to the provisions of this,Charter, the five,members of,the City
Council in office at the time this Charter takes effect shall continue in office
1. Your elected City Clerk knows who the boss is and knows that until the expiration.of then respective.terms and until'their.successors are
information in that office must be readily available to you the public— elected and qualified;'and shall constitute the City Council until two
NO SECRETS OR "LOST" INFORMATION. additional members are elected as:hereinafter.provided.: Four.,members of
2. Your elected City Clerk will always run an open, efficient office" and the City.Council:shall.be elected;at,the„general municipal election held in
conduct elections on a straight forward,basis, impervious to.council'or April,. 1966,, and each,fourth,year,thereafter.,:Three members'of'the City
administration pressures. Council shall be elected at the general municipal election held in April, 1968,
and each fourth year thereafter.
3. Your elected City Clerk must come to you every four years for reelection.
An appointed Clerk is a lifetime bureaucrat. In the event this Charter shall. not.take effect,in time to elect four .
members of the City Council at'the general municipal election held in April,
The really big question here is why the administrators and city councils keep 1966, and only,two members:of the City.Council are then:elected; a special
on tr ing to get the Clerk made apEointive and erode away our precious few .election shall be:called and;held.not ess'ihan sixty.(60)nor more.than ninety
remainingelective officials still res onsive onlyto the people. They want the (90) days after the'.effective,date of:'this:.Charter,to elect.-two additional
last measure of control let to you — the ele�ted C er ,'Attorney and members of the City Council for the remainder of the terms expiring in April,
Treasurer. 1970.
For the fourth time in ten years, say NO.to this attempt to make the Clerk's Subject to the provisions of this;.Charter,the City Clerk,G4y 'veasuser.
office appointed. and City Attorney in office at the time this Charter takes effect shall continue
VOTE NO ON CHARTER AMENDMENT PROPOSITION H. in office until the;expiration.of their respective terms and the,qualification of
their successors. A City Clerk and.laity.Tr-oarma m shall be elected at the
COMMITTEE TO PRESERVE AND• general municipal election held an' April, 1968, and each 'fourth year
PROTECT ELECTED GOVERNMENT thereafter. A City Attorney shall be elected in,April, 1966, and each fourth
WARREN G. HALL year thereafter.,
ROBERT L. SMITH
DECATUR DILDAY The term of each member of the City Council, the City Clerk,the may,
MARY ARLEEN MATHEIS Tn-�� and the City;.Attorney shall commence on the`first' Monday
DON P. BONFA following his election .Ties in voting among candidates for office shall be
settled by the casting of lots.
Section 705-1. CITY.TREASURER.�There shall be a City Treasurer
t' appointed by the City Administrator with the approval of the City Council.
42 43'
� t
Y..° ,�At.s,'c;S,
'.:yaw
">Ts {k
��
Section 705-2. '',CITY TREASURER :POWERS AND.DUTIES. The GITXATTORNIa('SINIp/ARTIALiANALYSIS'
City Treasurer shall have the gew�eresponsibility and shall,be required to: ®F pR®p®$gTI®j�J,` `
(a) '$� The existing'City Charter proyides�for the election of the City Treasurer
,etlref of �e �, er 4w the eelleette 4 v�eh #ate � rs by the qualified voters of the:City at:.large.'The proposed amendment would
respenstl des erlrer rneney provide for the appointment the City Treasurer.by the City Administrator
the 6eunty -State er� 6evet-rn -or€fetft airy eeurt er€ern afty
offiee depff n ot;R-er ageney ef4he Qt-)' with the approval of the City Council.
{b} Have and keep custody of all public funds belonging 4@.or under
control of the City or .any office, department or agency of the City
government and depositor cause to be deposited all funds coming into 4risthe
City Treasurer's hands in such depository ''as may be designated by Shall Sections 500, and 705 of,`.the existing city
reselotien 4the City Council,orr if ate saeli�eselutien-be adop4ed, then+n charter, which now provide for`the election of the YES
welt depesiter�designated in wFiting 4 tie Fly inist�eF, be selected J . City Treasurer,by the qualified voters of the city at
by the bidding process and in compliance with all of theprovisions of the large, be amended ,to provide that the. City
State Constitution and laws of the State governing the handling,depositing Treasurer be appointed by the City Administrator NO
and securing of public funds; with the approval of the City,Council?
(b) Countersign all city checks;
-Ee} 42ay wA Moneys eefy,en pFoper orders er�var-ranta'inv the anenfleF
eel-fer 4H t� 6 ChR ARF
(44 � a� skit 4e the BiFMOF Of Final4ee �anthl) wr4tten.
repoFts of all reee pis; dfs�aed€end bele nees and shall•f&eepies "
-4 sneh its.vet-h the� Administrator a� �7`Ge�eil.
+4(c) Perform such other duties consistent with4#isthe Charter as may .
be required by ordinance or resolution Eby the City Council.
=Fhe City '1=easer sttl3}eet to the sppFevel of the City Cettneil;
appoint st" deputy of deputies to assist•�r aF aet-#er�l4iw, at soeh solar-ies
or eampensatio as the Coaneil ffmy by e�ina or resolution -eseFibsf
• � }'a � ( F F .}s
44 :45
.. ' •" t ail '�� -"afty� '+j� ��%�� s.,, , �e�? �' �'.ri 4 s '`�" "?x 5 rtik i
- .s' f s erg+•.-^ry, IV
al,
art'4 7 t
�+ -< ti
.... - _ ^i r�.C r?r'isr .}p-.�,a�:} }`�,•k.� a .� t",ts�,a 2'*h s.: c ," Y ', a s Y:Y
AFiG�9MENT'.IN6,FAVOR OF,PROPOSI' ION .B ARGUMENT-AtaAINIST`PROEPASIT®Bdfj ".' '
Our Council-Administrator plan, of government provides that Council The Treasurer musf`remain'elected
members shall be elected to represent the public and make policy while the
City Administrator hires staff and carries out the Council's policies. Since the This is the,fourth time in the past.ten.years that you, the people, have been .
City Treasurer is not a policy-making position, a YES vote on Proposition J asked to make your City Treasurer just another appointed bureaucrat. You
will ensure that the position of City Treasurer be filled by appointment of the have already turned.it down the previous three times.
most highly qualified candidate. Appointment to the position will be made Why do we ask you.to turn:it down-'a ain?
by the City Administrator with Council approval, through merit system
procedures (advertising, applications, interviews) as are.other department I. Your elected Treasurer knows he has to work for your .interest '—
heads. Only through the appointment procedure can the City of Huntington reviewing expenditures and earning maximum interest with your money.
Beach be assured of having a competent City Treasurer. 2. Your elected Treasurer will always be responsive to your inquiries and
The current City Treasurer is highly qualified for the position, but the problems within the city.
possibility exists that a person could be elected to the office with little or no 3. Your elected 'treasurer:will enforce the rules as he knows 'he must be
knowledge of financial matters. An elected City.Treasurer has "tenure" for accountable to you every four years.
four years and cannot be dismissed for incompetence. By providing that the NOTE: The big question here is why the administrations and. councils .,
Treasurer be appointed as other department heads are, we can be assured Y
that the position will be filled by a person with expertise in this field, continue to try to get you to erode and give away some of the few remaining
responsive elected officials you still have in your city. They want the control
One of the reasons for having a City Treasurer is to make sure there is a of the Treasurer as well.as the City Clerk and City Attorney that you now
system of checks and balances. This system will still exist if the office is made have.
appointive. Many City Treasurers in the State are appointed and they are just
as effective in being a "watchdog" of City finances. In many cases Vote NO to this fourth attempt to remove your right to vote for a responsive
A
appointed Treasurers are probably more effective because the person filling City Treasurer,
the position has been chosen through merit system procedures and has the An elected official is responsive to you —an appointed official must answer
necessary expertise. only to the city council and to council-appointed administration.
In keeping with the policy that all department heads should be appointed to Keep the Huntington Beach City Treasurer elective. Vote No on.Charter
ensure that a well qualified person holds the position, we urge a YES vote on Amendment Proposition J.
Proposition J. COMMITTEE TO PRESERVE AND
City Council: PROTECT ELECTED GOVERNMENT
ALVIN M COEN RON SHENKMAN DON P. BONFA
TED W. BARTLETT NORMA BRANDEL GIBBS WARREN G. HALL
ROBERT L. SMITH
DECATUR DILDAY
MARY ARLEEN.MATHEIS
46 47
t
GENERAL SERVICES AGENCY Q TD RECTOR
GAN
SPECIAL SERVICES
REGISTRATION & ELECTIONS DIVISION
A. E. OLSON, REGISTRAR OF VOTERS
1300 S. GRAND AVE.
SANTA ANA,CA 92705
(714) 034-2244
CERTIFICATE OF REGISTRAR OF VOTERS OF RESULT OF
THE CANVASS OF THE PRIMARY ELECTION RETURNS
STATE OF CALIFORNIA)
) ss .
COUNTY OF ORANGE )
I , A. E. Olson, Registrar of Voters of Orange County, do
hereby certify the following to be a full, true and correct
Statement of the Vote of the City of Huntington Beach Special
Election, consolidated with the Primary Election held June 6 , 1978 .
Measure "D"
Yes: 24 ,220
No : 15 , 847
Measure "E:
Yes : 33 , 775
No : 9 , 507
Measure "F:
Ye's : 17 ,920
J`R ®� ®A No : ►►24 ,373
�►
Measure G
tS� Yes : 9,071
+ No: 34 ,478
a r••. �_ Measure H
Yes: 10, 372
No : 33, 144
Measure "J"
Yes 9,043
No : 34 ,642
Total Votes Cast : 52, 596
I hereby certify that the number of votes cast for and
against each measure as is set forth above appears in the Certified
Abstract of Statement of the Vote entered in the Records of the
Board of Supervisors of the County of Orange.
Witness my hand and Official Seal this 27th day of June, 1978.
A. E. OLSON
Registrarof Vote s
By
D e4K1 ty
l ctiai Il_••:icw 1 rJ
Cecti6f ltitm {91(3) 445-1•i�..
(916) 445-2�t=..
r
Office o_ theSecr.tary of State 11I Capitol MallI �ticr.f;i:n itecord 1916) 445-17,;
March Fong Lu Sacramento, California 9591-1 Name Availability {f)16) 322-23=;
1
Trade::�ar�s (916) 445
Statement of Officers {91(i) 445-20i;
Service of Process (916) 445-062i'�
'4tECE1VE� , i Lo, Angeles OfEcc (2I3) 620-31C',
•1r1�Y C OC• 3
fyl�'! CHI CAt.1F.':
'N�NTtRGTOI�8� g��
August 23 , 1978
Alicia M. Wentworth, City Clerk
City of Huntington Beach
P. O. Box 190
Huntington Beach, California 92648
Charter Amendment (s) ratified by the electors
of the City of Huntington Beach
at the election held on ?un " h, 1978
were filed in this office_ juIV F 1978
Very truly yours ..
Certif'ation Officer
DEA: s
a -
8
CITY CHARTER
TABLE OF CONTENTS
ARTICLE I . INCORPORATION AND POWERS OF THE CITY
Section 100 . Name
Section 101 . Seal
Section 103 . Boundaries
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
c-1
Section 501 . Emergency Ordinances
Section 502 . Resolutions
Section 503. Publishing of Legal Notices
ARTICLE VI. FISCAL ADMINISTRATION
Section 600 . Fiscal Year
Section 601. Annual Budget , Preparation by the City
Administrator
Section 602 . Annual Budget . Submission to the City
Council
Section 603 . Annual Budget . Public Hearing
Section 604. Annual Budget . Further Consideration and
Adoption
Section 605 . Annual Budget Appropriations
Section 606 . Determination of City Tax Rate
Section 607 . Tax Limits
Section 608. Vote Required for Tax Measures
Section 609 . Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Sale of Public Utility
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
Section 800. Transition
Section 801. Definitions
Section 802 . Violations
c-2
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 provision of this
Charter, or the application thereof to any person or circum-
stance is held invalid, the remainder of the Charter and the
application of such provision to other persons or circum-
stances , shall not be affected thereby.
Section 105. INTERGOVERN14ENTAL 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.
c-3
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 five members
of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their
respective terms and until their successors are elected and
qualified, and shall constitute the City Council until two ad-
ditional members are elected as hereinafter provided. Four
members of the City Council shall be elected at the general
municipal election held in April, 1966, and each fourth year
thereafter. Three members of the City Council shall be elected
at the general municipal election held in April, 1968, and each
fourth year thereafter. 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.
In the event this Charter shall not take effect in time to
elect four members of the City Council at the general municipal
election held in April, 1966, and only two members of the City
Council are then elected, a special election shall be called
and held not less than sixty (60) nor more than ninety (90 ) days
after the effective date of this Charter to elect two additional
members of the City Council for the remainder of the terms ex-
piring in April, 1970.
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 April, 1968, and each
c-4
fourth year thereafter. A City Attorney shall be elected in
April, 1966 , and each fourth year thereafter.
The term of each member of the City Council, the City
Clerk, the City Treasurer and the City Attorney shall commence
on the 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 other-
wise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council
including the Mayor shall receive as compensation for their serv-
ices 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 of-
ficial 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 ordi-
nary 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 speci-
fied in the order of adjournment and when so adjourned each ad-
journed meeting shall be a regular meeting for all purposes .
If the 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 spe-
cial meeting and the business to be transacted. No other business
c-5
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 ful-
filled 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 emer-
gency 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 qualifi-
cation 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 investiga-
tion or proceeding pending before the City Council. The City
c-6
Council shall have the power and authority to compel the attend-
ance 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 consti-
tute 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 prop-
erty 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 meet-
ings . 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 va-
cancy 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 responsi-
bility for interpreting the policies, programs and needs of the
City government to the people, and as occasion requires , may in-
form 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
c-7
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 sub-
ordinate 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 be-
come 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 pro-
ceedings in which such officer or employee is concerned or is a
c-8
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 ex-
cused, 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 de-
voted to such purpose.
(b ) Maintain separate books , in which shall be recorded
respectively all ordinances and resolutions , with the certifi-
cate 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
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A
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 pro-
visions of the general laws of the State relative to the assess-
ment of property and the collection of City taxes by county
officers , or unless the City Council by ordinance provides other-
wise .
(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 ordi-
nance or resolution prescribe .
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 de-
posited 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
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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.
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 of-
fice , 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 va-
cancy 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 sal-
aried 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 pro
vision; however, Council members or officers with appointive
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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 af-
firmative vote of at least a majority of the members of the City
Council and shall serve at the pleasure of the City Council; pro-
vided, 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 prac-
tice 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 member-
ship on the City Council.
(d) Removal. The City Administrator shall not be removed
from office during or within a period of ninety days next suc-
ceeding 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 meet-
ing 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 sus-
pend the Administrator from duty, but his compensation shall con-
tinue until removal as herein provided. In removing the City
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Administrator, the City Council shall use its uncontrolled dis-
cretion 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 1401. POWERS AND DUTIES . Except as otherwise pro-
vided 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 condi-
tion 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 con-
tracting for, purchase, inspection, storage, inventory, distri-
bution and disposal of all supplies , materials and equipment re-
quired 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, ex-
ercise control of all administrative offices and departments of
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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 de-
partments of the City under his jurisdiction.
U) Perform such other duties consistent with this Charter
as may be required by the City Council.
Section 402 . ACTING CITY ADMINISTRATOR. During any tempo-
rary absence or disability of the City Administrator, the Assistant
City Administrator shall serve as Acting City Administrator. Dur-
ing 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 con-
sist of such other officers, assistants , deputies and employees
as the City Council may provide by ordinance or resolution. The
City Council shall establish such reasonable compensation and
fringe benefits as are appropriate by ordinance or resolution for
such offices , officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive
personnel system for the City. The City Administrator, Assistant
City Administrator and any officers designated as elective by the
Charter shall be exempt . The system shall consist of the estab-
lishment 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 in-
cluded 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
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in a retirement system.
Section 405 . BOARDS, COMMISSIONS AND COMMITTEES . The
City Council shall establish such boards, commissions and com-
mittees 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 pro-
visions 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 typo-
graphical 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, semi-
weekly 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
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such section or subsection at length , as amended.
(e) When Effective. Every ordinance shall become effec-
tive 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 nec-
essary 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 pro-
vided 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 codi-
fications 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 im-
mediately upon adoption if passed by at least five affirmative
votes .
Section 502. RESOLUTIONS. The City Council may act by reso-
lution 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.
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No defect or irregularity in proceedings taken under this section
shall invalidate any publication where it is otherwise in con-
formity 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 de-
termine, 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 re-
visions as it may deem advisable, the City Council shall hold a
public hearing thereon at least fifteen days prior to the begin-
ning 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 pub-
lic 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 per-
sons 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 re-
visions , 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
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Administrator, Director of Finance, City Treasurer and the per-
son retained by the City Council to perform the post audit func-
tion, 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 de-
partments , offices and agencies of the City .
Section 605 . ANNUAL BUDGET APPROPRIATIONS. From the ef-
fective date of the budget , the several amounts stated therein
as proposed expenditures shall be and become appropriated to the
several departments , offices and agencies for the respective
objects and purposes therein named; provided, however, that the
City Administrator may transfer funds from one object or purpose
to another within the same department , office or agency . All
appropriations shall lapse at the end of the fiscal year to the
extent that they shall not have been expended or lawfully encum-
bered.
At any public meeting after the adoption of the budget , the
City Council may amend or supplement the budget by motion adopted
by the affirmative vote of at least a majority of the total mem-
bers 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 mu-
nicipal 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 mu-
nicipal 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 au-
thorized 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 ad-
ditional 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:
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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.
(c) Special levies , in addition to the above and not sub-
ject to the above limitation, may be made annually, based on
City Council approved estimates , for the following specific pur-
poses , 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 pur-
pose 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 pur-
suant 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 reim-
burse the City for the cost of performing any regulatory func-
tion 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 serv-
ice , and is to pay or reimburse the City for the costs of pro-
viding 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
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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 elec-
tion.
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 as-
sessed valuation, for purposes of City taxation, of all the real
and personal property within the City.
No bonded indebtedness which shall constitute a general ob-
ligation of the City may be created unless authorized by the
affirmative vote of the majority required by law of the electors
voting on such proposition at any election at which the question
is submitted to the electors .
Section 611 . REVENUE BONDS. Bonds which are payable only
out of such revenues , other than taxes , as may be specified in
such bonds , may be issued when the City Council by ordinance
shall have established a procedure for the issuance of such bonds .
Such bonds , payable only out of revenues , shall not constitute an
indebtedness or general obligation of the City. No such bonds
payable out of revenues shall be issued without the assent of the
majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly
submitted to the registered voters of the City.
It shall be competent for the City to make contracts and
covenants for the benefit of the holders of any such bonds pay-
able 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 rev-
enues , 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 . SALE OF PUBLIC UTILITY. No public utility now
or hereafter owned or operated by the City shall be sold, leased
or otherwise transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total membership
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of the City Council and by the affirmative vote of at least a
majority of the electors voting on such proposition at a gen-
eral or special election at which such proposition is submitted.
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 des-
ignated 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 au-
thorize the City Administrator or other officer to bind the City,
with or without a written contract , for the acquisition of equip-
ment , 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 pro-
vide 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 herein-
after expressly provided, every contract involving an expenditure
of more than Twenty-five Thousand Dollars ($25,000) for the con-
struction or improvement (excluding maintenance and repair) of
public buildings , works , streets, drains , sewers , utilities , parks
and playgrounds , and each separate purchase of materials or sup-
lies for the same, where the expenditure required for such pur-
chase shall exceed the sum of. Twenty-five Thousand Dollars
($25,000) , shall be let to the lowest responsible bidder after no-
tice 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 de-
termine that in its opinion, the work in question may be performed
better or more economically by the City with its own employees ,
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or that the materials or supplies may be purchased at a lower
price in the open market , and after the adoption of a resolu-
tion 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 ex-
cepted 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 nec-
essary. Such audits shall be made by a certified public ac-
countant or firm of such accountants who have no personal in-
terest , direct or indirect , in the fiscal affairs of the City
government or any of its officers . The Council may, without re-
quiring competitive bids , designate such accountant or firm an-
nually 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 dis-
tributed 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.
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ARTICLE VII
ELECTIONS
Section 700 . GENERAL MUNICIPAL ELECTIONS. General munic-
ipal elections shall be held in the City on the second Tuesday
in April in each even-numbered year.
Section 701 . SPECIAL MUNICIPAL ELECTIONS. All other mu-
nicipal 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 elec-
tions shall be held in accordance with the provisions of the
Elections Code of the State of California, as the same now ex-
ists 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 mu-
nicipal officers , shall apply to the use thereof in the City so
far as such provisions of the Elections Code are not in conflict
with the provisions of this Charter.
Section 704 . NOMINATION PAPERS. Nomination papers for
candidates for elective municipal office must be signed by not less
than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800 . TRANSITION. Elective officers and elective
officers whose offices are made appointive of the City shall
continue to hold such offices until the completion of their cur-
rent 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.
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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.
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City Charter
.Amendments
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