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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
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City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
State of California )
County of Orange ) ss
City of Huntington Beach )
I, Jill Hardy, Mayor and I, Joan L. Flynn, City Clerk, in and for the City of Huntington
Beach, California, do hereby certify and authenticate that the following are full, true and
correct copies of documents required to be submitted to the Secretary of State of the
State of California in accordance with Government Code Section 34460, and Pursuant
to a General Municipal Election held in the City of Huntington Beach on the 4t day of
November, 2014.
1. Copy of Revised Charter of the City of Huntington Beach for acceptance
and filing
2. Copy of Charter Legislative Draft
3. Certificate of Proceedings in Adoption of Charter Amendment —Measure T
4. Complete text of Charter Amendment — Measure T — "Shall the proposed
Amendment to Article VIII of the Charter of the City of Huntington Beach
adding Section 805 to permit the sale, possession, display, use and
discharge of safe and sane fireworks, subject to regulation by City
Council, as set forth in the proposed measure be approved?" which was
approved by the voters
5. Certified copy of the Official Sample Ballot and Voter Information
Pamphlet
6. Impartial Analysis, Notice for Dates of Arguments and Rebuttals, Certified
Copies of Arguments and Rebuttals
7. Proof of Publications of Notice of Election.
8. Certificate of the Registrar of Voters, County of Orange, to Result of the
Canvass of the General Election Returns
I have hereunto set my hand and seal this 8th day of December 2014.
• • c • 'each
J04 L. Flynn, City
t of Huntington
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-52271
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of l'�iQ14ll)GL )
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thei authorized capaci ies and that by hWhe hei ignatur on the instrument the persor
or the entity upon behalf of which the persogf Wacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
P. L. ESPARZA
Commission * 2,032750 Signature `
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Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
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Attachment 1
a
Revised 2014
CITY OF HUNTINGTON BEACH
CITY CHARTER
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified - Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................
2/2 40
Amendments................................................................. 1/29 47
Amendments................................................................
. 1/27 49
Amendments...................................................................
5 9 49
Revised..................................................................................5/
1 /5 0
NewCharter..................................................................
21066
Amendments................................................................
. 1/18 71
Amendments...................................................................
6575
Amendments................................................................
12 10 7
Amendments.................................................................
7/ 17/78
Amendments..(Consolidation November)................................12/9/82
Amendments................................................................ . 12/7 84
Amendments................................................................ . 12790
Amendments..................................................................
4 22 02
Revised ........ (Certified by the Secretary of State 116111)............ 12/6/10
Amendments..................................................................12/
1 / 14
City of Huntington Beach City Charter Page 1 of 20
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CITY CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100. Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II. FORM OF GOVERNMENT
Section 200. Council -Manager 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 Manager. Composition, Term, Eligibility, Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
City of Huntington Beach City Charter Page 2 of 20
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ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
Section 805. Safe and Sane Fireworks
City of Huntington Beach City Charter Page 3 of 20
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CHARTER
We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the
prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are
the foundation of public trust and that just governance is built upon these values. Through the enactment
of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State
of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local
government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the
governance and operation of our City.
It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington
Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure
the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of "City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed
in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council -Manager form of government.
City of Huntington Beach City Charter Page 4 of 20
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ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter, the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors. A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney
shall commence on the first Monday following the certification of the election. Ties in voting among
candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the
City Council shall fill that position by appointment until the next municipal general election in which a
qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as
compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars
per month. In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty upon submission of
itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate
amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to
them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their
serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each
month at such time as it shall fix by ordinance or resolution and may adjourn or re -adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and when so
adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall
be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City Council and to
each local newspaper of general circulation, radio or television station requesting notice in writing. Such
City of Huntington Beach City Charter Page 5 of 20
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notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace, health or safety, a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) 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.
(e) Dissemination of Information. The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned, or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth
by the Charter. It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses, to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk. They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon
other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same
manner as violations of this Charter are punishable. The City Council shall have control of all legal
business and proceedings and all property of the legal department, and may employ other attorneys to
take charge of or may contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any
City of Huntington Beach City Charter Page 6 of 20
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member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be
entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed
following any general or special municipal election, and at any time when there is a vacancy in the office
of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who
shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote
in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall
have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of
the City government to the people, and as occasion requires, may inform the people of any major change
in policy or program; and shall perform such other duties consistent with the office as may be prescribed
by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the
pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the
City Manager, 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
Manager solely through the City Manager, and no member of the City Council shall give orders to any
subordinate of the City Manager, either publicly or privately.
No elected department head or staff of the Office of the elected department head shall be a member of the
management negotiation team for the purposes of negotiations of memorandums of understanding with
the employee bargaining units.
Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and
terms of the official bonds of all officials or employees who are required by this Charter or by ordinance
to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be
paid by the City. A blanket bond may be used if it provides the same protection as the required separate
bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall
be no personal liability upon, or any right to recover against, the employee's superior officer or other
officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall have graduated from a law school accredited by the
American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of
California, shall have been engaged in the practice of law in this State for at least five years prior to their
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.
City of Huntington Beach City Charter Page 7 of 20
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(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee, or former City officer
or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of their employment or by reason of their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their 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 in writing the form of all contracts made by and all bonds and insurance given
to the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their 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 their successor all books, papers, files, and documents pertaining to the
City's affairs.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a
related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office. The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy, and as to an ordinance requiring publication, stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
City of Huntington Beach City Charter
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(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
them or act for them, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City
Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience, and have either:
A Master's Degree in accounting, finance, business, or public administration; or
A Bachelor's Degree in accounting, finance, business, or public administration with certification
by the California Municipal Treasurer's Association, or their successor, within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City, or for the collection of which the City is responsible, and receive all taxes or other money
receivable by the City from the County, State or Federal governments, or from any court, or from any
office, department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be deposited all funds
coming into their 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 Manager, 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 Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
City of Huntington Beach City Charter Page 9 of 20
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(f) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, 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 pleads guilty or no contest to or is convicted of a
felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become
vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who
shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed
thereby to have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill
such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST, NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one or more
of the members of such City Council, nor shall the City Manager or any department head or other officer
having appointive power appoint any relative of such person or of any Council member within such
degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority
of the members of the City Council and shall serve at the pleasure of the City Council; provided,
however, that the person occupying the office shall not be removed from office except as herein provided.
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(c) Eligibility. The City Manager shall be chosen on the basis of executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted
practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within one year
following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period
of ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Manager 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 Manager shall be furnished with a written notice stating the
Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after
receipt of such notice, the City Manager may by written notification to the City Clerk request a public
hearing before the City Council, in which event the Council shall fix a time for a public hearing which
shall be held at its regular meeting place before the expiration of the thirty -day period above referred to.
The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with
written notice of the intended removal, the City Council may suspend the City Manager from duty, but his
compensation shall continue until removal as herein provided. In removing the City Manager, the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and
the City Manager to present to each other and to the public all pertinent facts prior to the final action of
removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager
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 Manager 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 and the Chief of Police. The Chief of Police shall not be appointed or
removed until the City Manager shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the full City
Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by
the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the City
government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
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Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees, and prescribe such general rules and
regulations as deemed necessary or proper for the general conduct of the administrative offices and
departments of the City under their jurisdiction.
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the City
Manager, the City Manager shall appoint one of the other officers or department heads of the City to
serve as Acting City Manager. In the event the City Manager 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 Manager, the officers and employees of the City shall consist of such other officers,
assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City
Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance
or resolution for such offices, officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist
of the establishment of minimum standards of employment and qualifications for the various classes of
employment and procedures to be followed in advancement, demotion, suspension and discharge of
employees included within the system, as the City Council shall determine to be for the best interest of
the public service. The ordinance shall designate the appointive officers and employees who shall be
included within the system. By subsequent ordinances the City Council may amend the system or the list
of appointive officers and employees included within the system. The system shall comply with all other
provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the
City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and
harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such
boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All
such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:" No order for the
payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon
introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions
of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment
of any ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
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(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than
five days after the date it was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the
County or the City and circulated in the City, which is selected by the City Council for that purpose.
Current technology shall be used to ensure the widest possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the
date of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in
the manner set forth herein; however, such regulations and codifications need not be published in the
manner required for other ordinances, but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be
repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes. An emergency ordinance shall expire automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose and using current technology. No defect or irregularity in proceedings taken
under this section shall invalidate any publication where it is otherwise in conformity with this Charter or
law or ordinance.
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ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City
Council.
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the
City Manager shall determine, each board or commission and each department head shall furnish to the
City Manager, 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 Manager. In preparing the proposed budget, the City Manager 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 Manager
shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each
fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the
City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal
year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk at least
ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned, the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however, that the City Manager may transfer funds from one object or purpose to another within the same
department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that
they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
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Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all
bonds and judgments due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in
which the City participates, due and unpaid or to become due during the ensuing
fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be
made annually, based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth, to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to
exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred
Dollars. The proceeds of any special levy shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of
the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace, health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
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Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated
by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority of
the electors voting on such proposition at a general or special election at which such proposition is
submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable
project description has been completed and widely disseminated to the public. Effective January 1, 2011,
and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los
Angeles -Riverside -Orange County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach
AND
- such act was being performed or service provided at the same location prior to
January 1, 1989 AND
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- the proposed lease, franchise, concession agreement or other contract would
not increase the amount of parkland or beach dedicated to or used by the party
performing such act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not
impeded;
(5) to any public works construction, maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment,
or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,
the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other
officer to bind the City, with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility
owned, controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure as set forth by ordinance of the City Council for the construction or
improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers,
utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where
the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the
lowest responsible bidder after notice by publication in accordance with Section 503 by two or more
insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is below the amount set by ordinance, the City Council may declare and determine that in its
opinion, the work in question may be performed better or more economically by the City with its own
employees, or that the materials or supplies may be purchased at lower price in the open market, and after
the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the
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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 amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life, health, or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund."
The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees,
landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along
arterial highways, and all public buildings and public ways. Interest earned on monies in the
Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance, including construction, design, engineering,
project management, inspection, contract administration and property acquisition. Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance, for the five- (5) year period of 1996 to 2001, is and was t4.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five- (5) year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the
City Council prior to adoption of the following fiscal -year budget.
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ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even -numbered year.
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California, as the same now exists or hereafter may
be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter. All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and
portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed, amended, changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall' is mandatory, and "may" is permissive.
(b) "City" is the City of 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.
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(g) "Person" includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by
the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real
property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on
which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations, excluding those caused by disasters, for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its
related agencies, to accept a financial contribution or other tangible benefit
including without limitation, assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property, whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a
citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
Section 805. SAFE AND SANE FIREWORKS. It shall be lawful to possess, sell, display, use or
discharge within the City, those fireworks that are defined and classified as Safe and Sane Fireworks
(a.k.a. "state -approved fireworks") in the California State Fireworks Law (sections 12500 et seq. of the
Health and Safety Code and the relevant sections of Code of Regulations Title 19, Subchapter 6) subject
to regulation by City Council.
City of Huntington Beach City Charter
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Attachment 2
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LEGISLATIVE DRAFT OF CHANGES MADE TO SECTION 805 AT 11/4/2014 ELECTION
CITY OF HUNTINGTON BEACH
CITY CHARTER
Incorporated, February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified - Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................
2 4
Amendments................................................................ . 1 /29 47
Amendments................................................................
. 1 /27 49
Amendments...................................................................
594
Revised..................................................................................5/
1 /50
New Charter..................................................................
2 10 66
Amendments................................................................
. 1 18 71
Amendments...................................................................
6 5 75
Amendments................................................................
12/10 76
Amendments................................................................ . 7/17 78
Amendments.. (Consolidation November)................................12/9/82
Amendments................................................................ . 12/7/84
Amendments................................................................ . 12/7 90
Amendments..................................................................
4/22 02
Revised ........ (Certified by the Secretary of State 116111)............ 12/6/10
Amendments..................................................................12/1/14
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CITY CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100. Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II. FORM OF GOVERNMENT
Section 200. Council -Manager 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 Manager. Composition, Term, Eligibility, Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
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ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
Section 805. Safe and Sane Fireworks
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CHARTER
We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the
prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are
the foundation of public trust and that just governance is built upon these values. Through the enactment
of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State
of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local
government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the
governance and operation of our City.
It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington
Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure
the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of "City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed
in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council -Manager form of government.
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ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter, the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors. A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney
shall commence on the first Monday following the certification of the election. Ties in voting among
candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the
City Council shall fill that position by appointment until the next municipal general election in which a
qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as
compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars
per month. In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty upon submission of
itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate
amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to
them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their
serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each
month at such time as it shall fix by ordinance or resolution and may adjourn or re -adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and when so
adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall
be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City Council and to
each local newspaper of general circulation, radio or television station requesting notice in writing. Such
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notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace, health or safety, a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the
City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire,
flood or 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.
(e) Dissemination of Information. The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned, or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth
by the Charter. It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses, to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk. They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon
other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same
manner as violations of this Charter are punishable. The City Council shall have control of all legal
business and proceedings and all property of the legal department, and may employ other attorneys to
take charge of or may contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any
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member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be
entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed
following any general or special municipal election, and at any time when there is a vacancy in the office
of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer, who
shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote
in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall
have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of
the City government to the people, and as occasion requires, may inform the people of any major change
in policy or program; and shall perform such other duties consistent with the office as may be prescribed
by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the
pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the
City Manager, 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
Manager solely through the City Manager, and no member of the City Council shall give orders to any
subordinate of the City Manager, either publicly or privately.
No elected department head or staff of the Office of the elected department head shall be a member of the
management negotiation team for the purposes of negotiations of memorandums of understanding with
the employee bargaining units.
Section 308.OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and
terms of the official bonds of all officials or employees who are required by this Charter or by ordinance
to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be
paid by the City. A blanket bond may be used if it provides the same protection as the required separate
bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall
be no personal liability upon, or any right to recover against, the employee's superior officer or other
officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall have graduated from a law school accredited by the
American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of
California, shall have been engaged in the practice of law in this State for at least five years prior to their
election or appointment. The City Attorney shall have the power and may be required to:
(a) Represent and advise the City Council and all City officers in all matters of law
pertaining to their offices.
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(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee, or former City officer
or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of their employment or by reason of their official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and give their 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 in writing the form of all contracts made by and all bonds and insurance given
to the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their 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 their successor all books, papers, files, and documents pertaining to the
City's affairs.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a
related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office. The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy, and as to an ordinance requiring publication, stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
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(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
them or act for them, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City
Treasurer, the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience, and have either:
A Master's Degree in accounting, finance, business, or public administration; or
A Bachelor's Degree in accounting, finance, business, or public administration with certification
by the California Municipal Treasurer's Association, or their successor, within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City, or for the collection of which the City is responsible, and receive all taxes or other money
receivable by the City from the County, State or Federal governments, or from any court, or from any
office, department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be deposited all funds
coming into their 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 Manager, 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 Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
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(f) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, 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 pleads guilty or no contest to or is convicted of a
felony or any crime of moral turpitude, or ceases to be an elector of the City, the office shall become
vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who
shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed
thereby to have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill
such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST, NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one or more
of the members of such City Council, nor shall the City Manager or any department head or other officer
having appointive power appoint any relative of such person or of any Council member within such
degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however, Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY, REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority
of the members of the City Council and shall serve at the pleasure of the City Council; provided,
however, that the person occupying the office shall not be removed from office except as herein provided.
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(c) Eligibility. The City Manager shall be chosen on the basis of executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted
practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within one year
following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period
of ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Manager 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 Manager shall be furnished with a written notice stating the
Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after
receipt of such notice, the City Manager may by written notification to the City Clerk request a public
hearing before the City Council, in which event the Council shall fix a time for a public hearing which
shall be held at its regular meeting place before the expiration of the thirty -day period above referred to.
The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with
written notice of the intended removal, the City Council may suspend the City Manager from duty, but his
compensation shall continue until removal as herein provided. In removing the City Manager, the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing, the purpose of which is to allow the City Council and
the City Manager to present to each other and to the public all pertinent facts prior to the final action of
removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager
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 Manager 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 and the Chief of Police. The Chief of Police shall not be appointed or
removed until the City Manager shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the full City
Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare, administer and enforce rules and regulations recommended to and adopted by
the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the City
government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City, the provisions of this Charter and the ordinances, franchises and rights of the City.
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Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees, and prescribe such general rules and
regulations as deemed necessary or proper for the general conduct of the administrative offices and
departments of the City under their jurisdiction.
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402. ACTING CITY MANAGER. During any temporary absence or disability of the City
Manager, the City Manager shall appoint one of the other officers or department heads of the City to
serve as Acting City Manager. In the event the City Manager 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 Manager, the officers and employees of the City shall consist of such other officers,
assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City
Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance
or resolution for such offices, officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist
of the establishment of minimum standards of employment and qualifications for the various classes of
employment and procedures to be followed in advancement, demotion, suspension and discharge of
employees included within the system, as the City Council shall determine to be for the best interest of
the public service. The ordinance shall designate the appointive officers and employees who shall be
included within the system. By subsequent ordinances the City Council may amend the system or the list
of appointive officers and employees included within the system. The system shall comply with all other
provisions of this Charter.
It shall be the duty of all department heads, whether appointed or elected, to assist and cooperate with the
City Manager in administering the affairs of the City in the most efficient, fiscally responsible, and
harmonious manner consistent with the duties as prescribed by law, City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS, COMMISSIONS AND COMMITTEES. The City Council shall establish such
boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All
such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT, ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:" No order for the
payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon
introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions
of this Charter, the affirmative vote of at least four of the City Council shall be required for the enactment
of any ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
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(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than
five days after the date it was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper, published in the
County or the City and circulated in the City, which is selected by the City Council for that purpose.
Current technology shall be used to ensure the widest possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the
date of its adoption, except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of property taxation, or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference, with the same effect as an ordinance, in
the manner set forth herein; however, such regulations and codifications need not be published in the
manner required for other ordinances, but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be
repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace, health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes. An emergency ordinance shall expire automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose and using current technology. No defect or irregularity in proceedings taken
under this section shall invalidate any publication where it is otherwise in conformity with this Charter or
law or ordinance.
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ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City
Council.
Section 601. ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the
City Manager shall determine, each board or commission and each department head shall furnish to the
City Manager, 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 Manager. In preparing the proposed budget, the City Manager 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 Manager
shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each
fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable, the
City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal
year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk at least
ten days prior to said hearing.
Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned, the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments, offices and agencies of the City.
Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however, that the City Manager may transfer funds from one object or purpose to another within the same
department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that
they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606. DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year, the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
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Section 607. TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all
bonds and judgments due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in
which the City participates, due and unpaid or to become due during the ensuing
fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation, may be
made annually, based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth, to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to
exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred
Dollars. The proceeds of any special levy shall be used for no other purpose than that specified.
Section 608. VOTE REQUIRED FOR TAX MEASURES. No tax, property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five (5) members of
the City Council; provided, however, that any tax levied or collected pursuant to Section 607(b) of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace, health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
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Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated
by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course, driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority of
the electors voting on such proposition at a general or special election at which such proposition is
submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable
project description has been completed and widely disseminated to the public. Effective January 1, 2011,
and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los
Angeles -Riverside -Orange County area.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach
AND
- such act was being performed or service provided at the same location prior to
January 1, 1989 AND
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- the proposed lease, franchise, concession agreement or other contract would
not increase the amount of parkland or beach dedicated to or used by the party
performing such act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not
impeded;
(5) to any public works construction, maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment,
or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,
the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other
officer to bind the City, with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
(b) By ordinance or resolution, the City Council may provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility
owned, controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every
contract involving an expenditure as set forth by ordinance of the City Council for the construction or
improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers,
utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where
the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the
lowest responsible bidder after notice by publication in accordance with Section 503 by two or more
insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is below the amount set by ordinance, the City Council may declare and determine that in its
opinion, the work in question may be performed better or more economically by the City with its own
employees, or that the materials or supplies may be purchased at lower price in the open market, and after
the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the
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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 amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life, health, or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund."
The term "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees,
landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along
arterial highways, and all public buildings and public ways. Interest earned on monies in the
Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance, including construction, design, engineering,
project management, inspection, contract administration and property acquisition. Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five- (5) year rolling average.
(c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the
City Council prior to adoption of the following fiscal -year budget.
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ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even -numbered year.
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California, as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE, REFERENDUM AND RECALL. There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California, as the same now exists or hereafter may
be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter. All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year, whichever occurs first. All lawful ordinances, resolutions, rules and regulations, and
portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed, amended, changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of 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.
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(g) "Person" includes firm and corporation.
Section 802. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by
the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real
property" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on
which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations, excluding those caused by disasters, for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its
related agencies, to accept a financial contribution or other tangible benefit
including without limitation, assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property, whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel, motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a
citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
Section 805. SAFE AND SANE FIREWORKS. It shall be lawful to possess, sell, display, use or
discharge within the City, those fireworks that are defined and classified as Safe and Sane
Fireworks (a.k.a. "state -approved fireworks") in the California State Fireworks Law (sections
12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title
19, Subchapter 6) subject to regulation by City Council.
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Orange County Statement of Votes Page 1662 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
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Orange County Statement of Votes Page 1664 of 2521
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Vote -by -Mail Totals Orange County Statement of Votes Page 1665 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
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59972
17400
29.01 %
3630
7680
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5447
48th Congressional District
110125
32085
29.14%
6588
14624
3217
9760
72nd Assembly District
52999
15443
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7306
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4538
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18068
29.22%
3736
8199
1794
5537
Coast Community College District Trustee Are
14301
4217
29.49%
852
1860
411
1341
County Board of Education Trustee Area 2
110125
32085
29.14%
6588
14624
3217
9760
Huntington Beach Union High School District
109974
31996
29.09%
6576
14580
3210
9735
Los Alamitos Unified School District
151
89
58.94%
12
44
7
25
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151
89
58.94%
12
44
7
25
24
Orange County
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32085
29.14%
6588
14624
3217
9760
Orange County Water District
99669
28806
28.90%
5917
13038
2906
8883
Orange County Water District Division 4
7411
1905
25.71 %
332
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199
601
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28
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Sunset Beach Sanitary District
643
141
21.93%
27
67
17
51
Westminster School District
4363
1281
29.36%
273
543
157
395
Vote'by'0ai>Tota|e Orange County Statement ofVotes Pago1666 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
IL
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Los Alamitos Unified School District
151
89
58.94%
31
7
21
22
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Vote -by -Mail Totals Orange County Statement of Votes Page 1667 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
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59972
17400
29.01 %
3083
6507
6307
48th Congressional District
110125
32085
29.14%
5421
11742
11874
72nd Assembly District
52999
15443
29.14%
2444
5524
5869
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18068
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3159
6822
6590
Coast Community College District Trustee Are
14301
4217
29.49%
731
1507
1601
County Board of Education Trustee Area 2
110125
32085
29.14%
5421
11742
11874
Huntington Beach Union High School District
109974
31996
29.09%
5406
11700
11835
Los Alamitos Unified School District
151
89
58.94%
15
42
39
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89
320
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110125
32085
29.14%
5421
11742
11874
Orange County Water District
99669
28806
28.90%
4921
10571
10635
Orange County Water District Division 4
7411
1905
25.71 %
304
643
702
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Sunset Beach Sanitary District
643
141
21.93%
27
46
48
Westminster School District
4363
1281
29.36%
193
450
492
5='
Grand Totals Orange County Statement of Votes Page 1668 of2521
CITY OF HUNTINGTON BEACH Member, City Council
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59972
29006
48,37%
6083
12330
3095
8855
48th Congressional District
110125
53783
48.84%
11123
23618
5836
15876
72nd Assembly District
52999
26132
49.31 %
5317
11883
2892
7412
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Coast Community College District Trustee Are
61829
29955
48.45%
6250
13021
3246
8989
Coast Community College District Trustee Are
14301
7167
50.12%
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3078
743
2168
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110125
53783
48.84%
11123
23618
5836
15876
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109974
53690
48.82%
11111
23572
5828
15851
Los Alamitos Unified School District
151
93
61.59%
12
46
8
25
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151
93
61.59%
12
46
8
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53783
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23618
5836
15876
Orange County Water District
99669
48480
48.64%
10017
21139
5288
14516
Orange County Water District Division 4
7411
3299
44.51 %
598
1388
368
1008
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643
316
49.14%
60
146
36
99
Westminster School District
4363
2091
47.93%
452
860
258
619
Grand Totals Orange County Statement of Votes Page 1669 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
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29006
48.37%
9835
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48th Congressional District 110125
53783
48.84%
18688
10222
14500
15481
72nd Assembly District 52999
26132
49.31%
9334
4887
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Coast Community College District Trustee Are 61829
29955
48.45%
10215
5761
8249
8428
Coast Community College District Trustee Are, 14301
7167
50.12%
2509
1349
1986
2030
County Board of Education Trustee Area 2 110125
53783
48.84%
18688
10222
14500
15481
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Huntington Beach Union High School District 109974
53690
48.82%
18656
10213
14479
15458
Los Alamitos Unified School District 151
93
61.59%
32
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93
61.59%
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Orange County 110125
53783
48.84%
18688
10222
14500
15481
Orange County Water District 99669
48480
48.64%
16737
9282
13273
13708
Orange County Water District Division 4 7411
3299
44.51%
1058
540
909
853
FIV
Sunset Beach Sanitary District 643
316
49.14%
93
41
84
91
Westminster School District 4363
2091
47.93%
726
368
572
603
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Grand Totals Orange County Statement of Votes Page 1670 of 2521
CITY OF HUNTINGTON BEACH Member, City Council
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48.37%
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48th Congressional District
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52999
26132
49.31%
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61829
29955
48.45%
5088
11145
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Coast Community College District Trustee Are,
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50.12%
1209
2623
2568
County Board of Education Trustee Area 2
110125
53783
48.84%
8876
19575
19026
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Huntington Beach Union High School District
109974
53690
48.82%
8861
19533
18986
Los Alamitos Unified School District
151
93
61.59%
15
42
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93
61.59%
15
42
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110125
53783
48.84%
8876
19575
19026
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99669
48480
48.64%
8104
17677
17136
Orange County Water District Division 4
7411
3299
44.51%
534
1133
1153
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Sunset Beach Sanitary District
643
316
49.14%
66
110
101
Westminster School District
4363
2091
47.93%
321
745
786
Orange County Statement of Votes Page 1671 of2521
CITY OF HUNTINGTON BEACH City Attomey
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0032106
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320
41.34%
116
138
0032109
704
381
54.12%
113
218
0032138
638
236
36.99%
92
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0032139
1368
717
52.41%
191
429
0032140
1220
552
45.25%
256
226
0032145
895
484
54.08%
175
223
0032146
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817
50.12%
300
407
0032150
864
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60.88%
168
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0032157
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0032160
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164
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0032161
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0032166
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161
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0032169
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196
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0032171
855
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39.18%
126
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0032179
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459
54.38%
156
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0032180
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50.83%
177
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0032182
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51.86%
139
214
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0032190
1388
778
56.05%
298
355
0032193
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55.27%
276
492
0032195
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153
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0032200
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190
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60.39%
124
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777
46.61%
280
369
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0032285 544
321
59.01 %
71
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156
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48.16%
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57.87%
158
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51.90%
291
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50.21%
186
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0032320 735
327
44.49%
132
128
88
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0032335 826
346
41.89%
160
131
0032337 1325
527
39.77%
202
240
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278
37.93%
108
124
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245
43.44%
89
118
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701
56.81%
248
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762
57.29%
268
385
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61.59%
37
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178
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172
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53.87%
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260
Orange County Statement of Votes Page 1673 of 2521
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497
232
46.68%
92
118
0032393
840
401
47.74%
153
193
0032395
1252
443
35.38%
193
173
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0032408
927
232
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112
79
0032412
872
529
60.67%
190
287
0032413
820
374
45.61%
139
175
Vote -by -Mail Totals Orange County Statement of Votes Page 1674 of2521
CITY OF HUNTINGTON BEACH City Attorney
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17400
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18068
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4217
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110125
32085
29.14%
11568
15604
21
Huntington Beach Union High School District
109974
31996
29.09%
11533
15564
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151
89
58.94%
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58.94%
35
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110125
32085
29.14%
11568
15604
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28806
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10466
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CITY OF HUNTINGTON BEACH City Attorney
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25907
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109974
53690
48.82%
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Orange County Statement of Votes Page 2392 of 2451
T-City of Huntington Beach, Safe and Sane Fireworks
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Orange County Statement of Votes Page 2393 of 2451
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139
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51.66%
480
245
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756
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450
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295
0032306
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161
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152
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183
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149
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281
128
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0032375
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140
Orange County Statement of Votes Page 2394 of 2451
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209
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374
45.61%
213
140
Vote -by -Mail Totals Orange County Statement of Votes Page 2395 of 2451
T-City of Huntington Beach, Safe and Sane Fireworks
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59972
17400
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7251
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110125
32085
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17760
12877
72nd Assembly District
52999
15443
29.14%
8736
5922
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Coast Community College District Trustee Are
18068
29.22%
9742
752
Coast Community College District Trustee Are
14301
4217
29.49%
2455
1614
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110125
32085
29.14%
17760
12877
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109974
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29.09%
17713
12840
Los Alamitos Unified School District
151
89
58.94%
47
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151
89
58.94%
47
37
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110125
32085
29.14%
17760
12877
Orange County Water District
99669
28806
28.90%
15939
11582
Orange County Water District Division 4
7411
1905
25.71%
976
786
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Sunset Beach Sanitary District
643
141
21.93%
61
70
Westminster School District
4363
1281
29.36%
770
452
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Grand Totals Orange County Statement of Votes Page 2396 of 2451
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29006
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110125
53783
48.84%
31512
19796
72nd Assembly District
52999
26132
49.31 %
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9161
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61829
29955
48.45%
17170
11452
Coast Community College District Trustee Are
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7167
50.12%
4380
2544
County Board of Education Trustee Area 2
110125
53783
48.84%
31512
19796
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109974
53690
48.82%
31462
19759
Los Alamitos Unified School District
151
93
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93
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50
37
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53783
48.84%
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99669
48480
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Orange County Water District Division 4
7411
3299
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1232
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316
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155
139
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4363
2091
47.93%
1343
655
Res. No. 2014-93
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 1, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: Harper
— 4�)*W)or'
City C k and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California