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HomeMy WebLinkAboutCity Council - 2023-42 RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CITY CHARTER AMENDMENTS. WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, chapter 3,Article 3 (commencing at§ 9255)of the State of California,and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment(s)to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code, Title 4,Division 2, Chapter 2 (commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at § 9255) of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5, 2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. 1, which provides that commencing in 2026, for all municipal Yes elections,the City: may require Voter Identification for elections; provide more in-person voting locations; and monitor ballot drop-boxes, be No approved?" "Shall proposed Charter Amendment No. 2,which provides that the only flags to be displayed by the Yes City on City property are the United States Flag, the State of California Flag,the County of Orange Flag,the City of Huntington Beach Flag, the POW- MIA Flag,the six Armed Forces Flags,the No Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be approved?" "Shall proposed Charter Amendment No. 3 to: commencing in 2026,require the City to adopt a two-year budget; update the procedures to cancel a Yes regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" No SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority (50%+1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots,notices,printed matter and all supplies,equipment and paraphernalia that may be necessary , in order to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock 2 23-13267/320953 RESOLUTION NO. 2023-42 a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267/320953 RESOLUTION NO. 2023-42 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17thiay of October , 2023. f I'? ,„10&t,..D Mayor REVIEWE D AP ROVED: APPROVED AS TO FORM: Fey City Ma r fr City Attorney NI IATED AND ; PPR• ED: w Cit 4 23-13267/320953 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Charter Amendment Measure No. 1 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. In the event of such conflict,the provisions of this Charter shall control and prevail, in accordance with Section 103 of this Charter. Section 705.SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS As in Section 300,the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. (a) Beginning in 2026, for all municipal elections: (1) "Elector"means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. (2) The City may verify the eligibility of Electors by voter identification. (3) The City may provide at least 20 Americans with Disabilities Act compliant voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. (4) The City may monitor ballot drop boxes located within the City for compliance with all applicable laws. Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein,the City shall only fly or display at or on any of the City's properties the following flags:the American flag,the POW/MIA flag, the State of California flag, the Huntington Beach City flag,the County of Orange flag, or any of the flags of the six branches of service: the Army,Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games,the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. 5 23-13267/320953 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in6 2022, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in =2024, 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. Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024, and each fourth year thereafter. A City Attorney shall be elected in6 2022, 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 Menday regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. 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 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month. and The City Council 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 re-adjourned meeting shall be a regular meeting for all purposes. If shall ld t th f holding regular mejingo-If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 6 23-13267/320953 RESOLUTION NO. 2023-42 (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 or current technology to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally,er by mail or by current technology 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 Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he the Mayor 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 closed 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 or by current technology 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. 7 23-13267/320953 RESOLUTION NO. 2023-42 Section 311. CITY TREASURER. POWERS AND DUTIES. (d) Prepare and submit to the Director of Finance Chief Financial Officer monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. 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 with at least four affirmative votes. (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 the City Council 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. If the City Council fills the vacancy by appointment, such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election. Should the appointment occur after the filing deadline for the next general municipal election, the seat shall be deemed vacant upon the certification of the general municipal election, and the vacancy shall be filled in accordance with Sections 312(a) and 312(c). Section 400. CITY MANAGER. COMPOSITION, TERM, ELIGIBILITY,REMOVAL. (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 8 23-13267/320953 RESOLUTION NO. 2023-42 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 the City Manager's 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. (b) Prepare the budget annually as required by this Charter, submit it to the City Council, and be responsible for its administration upon adoption. Section 601. BIENNIAL 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 Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal years, 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. BIENNIAL 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 even numbered fiscal year beginning in 2026. 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 even numbered 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. BIENNIAL 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. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the 9 23-13267/320953 RESOLUTION NO. 2023-42 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 two fiscal years. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance Chief Financial Officer, 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. BIENNIAL 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 second 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 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. (€e) The singular includes the plural and the plural the singular. (g f) "Person" includes firm and corporation. 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 from the most recent formal Charter review conducted by a Charter Revision Commission, City Council, or City staff. 10 23-13267/320953 Res. No. 2023-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 October 17, 2023 by the following vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton 1 ABSENT: None RECUSE: None Ste' , '''A City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California