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Home My WebLink AboutAdopt Resolution No. 2019-09 adopting a revised Council Manu APPROVED 5-0:2 SiN�r (ae wi N, DEL Qd E/ZE-- City of Huntington Beach ABSENT �DUNTY CP, File #: 19-126 MEETING DATE: 3/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager Robin Estanislau, City Clerk PREPARED BY: Robin Estanislau, CMC, City Clerk Subject: Adopt Resolution No. 2019-09 adopting a revised Council Manual digitally compiled to incorporate policy information previously adopted by resolution, enhance formatting, and include links to local government resource material Statement of Issue: The Council Manual adopted in 1976 and updated by resolution in proceeding years, needs to be revised. The revised Council Manual presented for approval digitally compiles current policy information adopted by resolution and other resource material including links to articles published by the Institute for Local Government (ILG) designed to promote good government. The revised Council Manual can be uploaded to Council-issued or individually-owned electronic devices for immediate access to information, and can be updated at any time by resolution. Financial Impact: None. Recommended Action: Adopt Resolution No. 2019-09, "A Resolution of the City Council of Huntington Beach adopting a revised Council Manual" that incorporates adopted policy and relevant government resource material into one living document, superseding all previous versions. Alternative Action(s): Do not adopt Resolution No. 2019-09, and provide staff with alternative direction. Analysis: On September 20, 1976, the City Council adopted Resolution No. 4330, formally adopting a Council Manual designed to educate and assist Councilmembers to conduct business in a legal, ethical and productive manner. The Manual included an outlined table of contents that identified titled chapters and sections, and included an appendix with supporting documentation (resolutions, written opinions, procedural publications, etc.). City of Huntington Beach Page 1 of 2 Printed on 3/13/2019 powereu'9'LegistarT's File #: 19-126 MEETING DATE: 3/18/2019 Resolution 4330 directed "future amendments to the Council Manual shall be by resolution of the City Council which shall relate only to the sections amended." Since that time, Council has adopted amendments to the Manual by resolution -- some administrative in nature (fixing the time of meetings, annual adoption of the code of ethics), or to add new sections such as responding to statewide ballot propositions, establishing guidelines for delegates of the city attending conferences, procedure for selection of Mayor Pro Tern, and other items. Staff has experienced challenges to oversee a comprehensive update of the Manual. In late 2018, staff from the City Manager and City Clerk's offices met to discuss the disposition of the Manual and consider a course of action. An intern was assigned to research the existing data files, consider their relevance to current policy, and compile a newly designed, electronic document that Council could easily access from their Council-issued or individually owned electronic devices used to view City- related material. Staff took additional steps to add links to articles published by the Institute for Local Government (ILG) designed to promote good government. The revised Council Manual presents existing policy in a new format, and includes up-to-date resource information (City Charter, 2019 Council Liaison List, 2019 Maddy Act Local Appointments Lists, and individual conflict of interest maps), as well as access to good governing publications. The Council Manual is a living document, updated to ensure its contents remain current and relative. The City Council, at its discretion by resolution, can amend the Manual at any time. Environmental Status: Not Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2019-09, "A Resolution of the City Council of Huntington Beach adopting a revised Council Manual" that incorporates adopted policy and relevant government resource material into one living document, superseding all previous versions. 2. Resolution No. 2019-09 Exhibit "A" - Revised Council Manual. 3. Resolution No. 4330 adopted September 20, 1976, adopting a Council Manual. City of Huntington Beach Page 2 of 2 Printed on 3/13/2019 powered9gy LegistarT" RESOLUTION NO. 2019-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED COUNCIL MANUAL WHEREAS, on September 20, 1976, the City Council approved a Council Manual by the adoption of Resolution No. 4330. Amendments to the Council Manual have been approved by resolution; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: The revised Council Manual attached hereto for the City of Huntington Beach be adopted. This Resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of March , 2019. Mayor REVIEWED AND APPROVED INITIATED AND APPROVED Ci Mana er City Clerk APPROVED AS FORM Ay Attorney 19-7403/198226 1 Xz4//6/i 'f9 ' SCY�e_;7c' ) )// -U7 ��'�Nl�kk�I�N Ia,I ,,.> __ � IUU�I l ... `44,i�r� l"�-�.'�. , +�''{ ' :� S i� o-n t„.,;,..„."..'„':ir.i1!.1,0.:t 7!-1iI,i4i1l11:-_I:4,;'.„,l:;i:iia;i,:;i7;;i1,i,.h1i,1-! i-,;,;w,;•.,,,-,,,..,ll-- ,,_-,-,H4.•,•„„.1:,!'.,,:.I,-:,,:,,;,,:6i•-.:g(,:1,,,:4Ff:,,,,:!•W-:.4:„:,0'!4,-2.,.„.-,'„..*,;,„7,-f,.,.-,..•.uA:.:.-4,l,la'!4!,,•!l43:4:1_:*!m:l1!1!!ri81gi1!a13i„11sgE.P. t y (j}! b i-.,-.-.,.,:.“..'_:.:.,.".,„.*7'....-:A:i..,.:7,..-Z;j;.i-•„iit„.'-'7Z..' ..,:-..1 7r..-„,:::-±4m-.t.-k„Ti=,,•:,.,',.,„:f,,1,,!.e..l.,.,0:.!.'...J.:::,:-.:i:71.:-.:„,',*,,...,:E.=,.+'..,.':_E,;,,:!,.::',.i,.",-:,,',.4,,,:L-1 1,'.;,,A6-';is24'.':.:',„,,,,;,.,:,.l•,,,.:i-„,„4q1'g•.,0;-."b',:h-,0•':•.i.r,.ff7.•7,,,.1,,:,•-,g'.1,;,7.1_1 L:„4-.,,..4-,.,.-.,4A,,_.,4„,,--,,-.._=.-.:_'.,,.'::,:--:1 f'4<-, ::-H i'-1-':',,;0,v,#'4'i-1-._o!5,:-,,-,---M,-,-4;,,-'.,'..1. ..i.'z:i,,..i10',,.",',,1,0:,;-47,,:,;,,.,._„:.1,„.:."1..:.14,...-:1z,,,:...!,.:,,.....!,„.',.....i...,.i',...i,...„:i''.i±,..±.,,14'.1.4,,',.„:,,.„,:,.-.,,',.':.t-'..,::-..:,r..i..'„,-..k.,i,,!,.-.,..Ia-.w--ii.-....,p...:m...,... ,;._:.-.;.'.,:,•1F9_.: t z�h6 ..= _ 1 y Yam r Zte; # i cl '-th , , C� C 1 LEab .1A,--- , c-..c JaaJ ulla , ll y. ..c .,...1J. ,,,,,,40) 0) di . „„„,L, 4,,,,,,............... �// UNT!N.Gto/ ii O•�••,Nc,pR P O I A r7� /I.,,•"V& • o ' i rl COUNTY C� 1/ 98 Table of Contents CITY OF HUNTINGTON BEACH INFORMATION Foreward 4 City Charter 5 Organization Chart—Adopted FY 2018/19 Budget 28 Council Meetings and Parliamentary Procedure 30 The Agenda Process 35 Procedure for Selection of Mayor Pro Tem 38 Code of Ethics 40 Required Trainings(AB 1234 Ethics;AB 1661 Sexual Harassment Prevention) 45 Statewide Ballot Propositions,Appeal of Planning Decisions Guidelines for Representing the City at Conferences or Other Such Meetings 52 Appointments to Boards, Commissions and Committees 60 Statement of Economic Interests—Form 700 Reporting 72 Conflict of Interest Map 102 General Rules for Gifts and Honoraria 104 New Mayor Protocol Handbook(includes current Council Liaison List) 106 ILG RESOURCES RESPONSIBILITIES AND POWERS Types and Responsibilities of Local Agencies LINKS TO ARTICLES Local Agency Powers and Limitations What are the Sources of Law Affecting Local Agencies Legislative versus Adjudicative Decision Making BUDGETING AND FINANCE The Basics of Municipal Revenues in California The Financial Management for Elected Officials: Questions to Ask LEADERSHIP SKILLS Governing Board Member Strategies Transparency in Local Government: Protecting Your Community Against Corruption Tips for Promoting Civility in Public Meetings 99 PUBLIC TRUST&TRANSPARENCY The Ethics of Speaking One's Mind The ABCs of Open Government Laws(Brown Act) Ethics Law Principles for Public Servants: Key Things to Know MAKING DECISIONS How Local Agencies Make Things Happen How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest LAND USE The Nuts and Bolts of Project Review WORKING WITH STAFF Board/Executive Staff Communications Strategies Elected Official Direction to Staff WORKING WITH RESIDENTS AND THE MEDIA Why Engage the Public? Media Relations Tips for Newly Elected Officials Dealing with Emotional Audiences Social Media and Public Agencies: Legal Issues to be Aware of Taking the Bite Out of Blogs: Ethics in Cyberspace WHEN BAD THINGS HAPPEN Saying Your Sorry A Leader's Role When Tragedy Strikes 100 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov - �,p 2a�, Fo rewa rd Honorable Mayor and City Council, On September 20, 1976,the Huntington Beach City Council adopted Resolution No.4330, adopting a Council Manual that provided resource information on a number of processes, duties and responsibilities related to local government service. The most significant update to the Council Manual occurred in 1989. In recent years, attempts to update the Council Manual remained unfinished, but in late 2018,the project became a priority. In an effort to enhance the experience of our elected officials and provide a wealth of solid, relevant, easily accessible information, staff is pleased to present the newly revised Council Manual. The Council Manual begins with items germane to Huntington Beach, and then incorporates a variety of webpage links to public domain offerings by the Institute for Local Government (ILG). ILG is a nonprofit research and education affiliate of the League of California Cities and the California State Association of Counties, whose mission is to promote good government at the local level throughout California. In addition to the linked publications provided in the Council Manual,videos covering basic Government 101 topics are accessible at www.ca- ilg.orgf post/local-government-basics-videos. By resolution, the City Council is bound by the rules and processes established hereto. Any information contained in the Council Manual that conflicts with Federal, State or Huntington Beach law is superseded by the conflicting law. The Council Manual is a living document, updated as necessary to ensure its contents remain current and relevant. Council may request to revise the Council Manual at any time, and staff will present such requests in the form of a Resolution for Council approval. The Council Manual will be loaded on City-issued iPads or personal devices used by Council to review agenda-related material. Staff will make efforts to keep the Council Manual a convenient size, but realizes that Councilmembers will define its depth and breadth. Any electronic updates made by staff to City-issued iPads or personal devices used by Council to review agenda-related material will incorporate any and all annual or Council-directed revisions made to the Council Manual. It is our hope that the newly revised Council Manual will assist Council to successfully conduct business in a prescribed, qualified and ethical manner while representing the citizens of Huntington Beach. Fred Wilson, City Manager Robin Estanislau, CMC, City Clerk 101 1 P {. e i A f If '11 a � Igl ' ..n�lr�7 � l`� �(� it t" �, m": r � ��'i h�• � �idh i�,'<,��' ��i�" �' d �' t� E , ... , ..... ,........ . ,S 0 . ,.., , ,, , " . ...„ • .. • ,•,,r ,,,f\„_1-,_, 1 , ' ,,,.... ,. . • ': .' ',:i.--- . ,,-,-,,, „,, .... . , „„ : ...„.,. ..„„ . ,,, ,.. . , _ „, . . c 102 City Charter Formatting of the original Council Manual adopted in 1976 and revised versions thereafter outlined language taken directly from the City Charter and referenced section numbers. This revised Council Manual includes the City Charter in its entirety (attached) as a complete reference guide that includes the topics outlined in previous versions: ✓ Rules of Office of Councilpersons (Charter § 300) ✓ Duties and Limitations of the City Council (Charter § 301, 303, 304, 307, 308, 311, 313, 400, 401, 403, 405, 500, 602, 603, 604, 608, 610, 615, 616) ✓ Duties of the Mayor (Charter § 303, 305, 613) ✓ Duties of the Mayor Pro Ternpore (Charter § 306) ✓ Compensation of Councilpersons (Charter § 302; HBMC § 2.28.010) 103 * , * ., . i)L, . i \ \ • • City Charter Incorporated February 17, 1909 � ... ANT I N c r % = 1 1 F *. rS :ti*�<o I1 � t a� �saee . °OUNT`1 tP CITY OF HUNTINGTON BEACH CITY CHARTER ,, , SIt IN - a ©4if *�s< +> {sag "'` � ' CaUNTNgor Pl Incorporated,February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37 5/17/37 Amendments 2/2/40 Amendments 1/29/47 Amendments 1/27/49 Amendments 5/9/49 Revised 5/1/50 New Charter 2/10/66 Amendments 1/18/71 Amendments 6/5/75 Amendments ...12/10/76 Amendments ....7/17/78 Amendments..(Consolidation November) 12/9/82 Amendments 12/7/84 Amendments 12/7/90 Amendments 4/22/02 Revised (Certified by the Secretary of State 1/6/11) 12/6/10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 105 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 12/6/10 106 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 City of Huntington Beach City Charter Page 3 of 20 12/6/10 107 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 12/6/10 108 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 12/6/10 109 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 Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. (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 12/6/10 110 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 12/6/10 111 (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. (j)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 Page 8 of 20 12/6/10 112 (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. (j) 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 City Council. City of Huntington Beach City Charter Page 9 of 20 12/6/10 113 (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. City of Huntington Beach City Charter Page 10 of 20 12/6/10 114 (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. City of Huntington Beach City Charter Page 11 of 20 12/6/10 115 Subject to policy established by the City Council, exercise control of all administrative offices and depai tiiients 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. City of Huntington Beach City Charter Page 12 of 20 12/6/10 116 (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 affiimative 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. City of Huntington Beach City Charter Page 13 of 20 12/6/10 117 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 depaitiuent 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. City of Huntington Beach City Charter Page 14 of 20 12/6/10 118 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. City of Huntington Beach City Charter Page 15 of 20 12/6/10 119 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 affuiiiative 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 City of Huntington Beach City Charter Page 16 of 20 12/6/10 120 - 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 City of Huntington Beach City Charter Page 17 of 20 12/6/10 121 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. City of Huntington Beach City Charter Page 18 of 20 12/6/10 122 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. (0 The singular includes the plural and the plural the singular. City of Huntington Beach City Charter Page 19 of 20 12/6/10 123 (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. City of Huntington Beach City Charter Page 20 of 20 12/6/10 124 , „ i 114 „.., des . lilt 1..;....:1.:4 ''' iff f► ,iii11« 10111.f 611111111 Oill1111111 Sectal (i) 2 • • . • . , . , . 0 1%1i-a CM i iZItiOfl51 C4ta.1 ' e„ 125 City of Huntington Beach E Organizational Chart Adopted Budget— FY 2018/19 , ,, E THE PEOPLE µ__ f CITY CITY COUNCIL , CITY 1 CITY CLERK ATTORNEY Mayor TREASURER) Mayor Pro-Tern Administration, City Council Members Advisory Public Support _ Investments i &Elections Records Litigation [ i Management CITY I i MANAGER ASSISTANT \ CITY MANAGER (COMMUNITY)ERV FINANCE ( FIRE ) C POLICE J it, III! Facilities& Accounting Fire Administrative PUBLIC OFFICE OF .:,,: Development Services Administration Operations INFORMATION BUSINESS v.,,, I • / DEVELOPMENT Recreation, udget Fire Human& Management Prevention Investigations Cultural Services I . Cashiering& Emergency Collections Uniform Services Response J t 4 Fiscal Marine Services Safety COMMUNITY PUBLIC HUMAN INFORMATION LIBRARY DEVELOPMENT WORKS RESOURCES SERVICES SERVICES Neighborhood Applications& Administration& Benefits& Preservation& Engineering Database Building Training Code Enforcement Support Management , Inspection General Customer Public Services& Services Services Labor Support Community Outreach i Permit& 'Youth Services& Maintenance Recruitment& Infrastructure I Plan Check Operations Selection Systems Family Services Programming Risk Public Safety Technology& Planning Transportation Management Systems Support Services I lilil Utilities Administration V I 126 �� — F - I. III B — 4xn ' ' ' *i It!, 1 iii fa' I i ..., 4 ... -_-- — . is ec 40 i S t 2) , ,,,!, , , ,,,.„ II ii 1 f , I- , UP..L1 ' \---;'' ' c' ' rAm c Et t,,a. , , ,i ' c .„„f ral e IriTi al 127 Council Meetings (All meetings are subject to the Brown Act) Regular Council Meetings. Regular meetings of the City Council/Public Financing Authority are held on the first and third Mondays of each month, and typically begin on or preceding the hour of 4:00 P.M in the Council Chambers. A Study Session is used to present information to Council for discussion purposes only with no action being taken or Closed Session may be convened subject to the Brown Act, and may be scheduled prior to the main, public meeting that convenes at 6:00 P.M. in the Council Chambers. If a regularly scheduled meeting falls on a holiday, the meeting will be held on the next business day. Special Council Meetings. Special meetings including meetings to adjourn to Closed Session may be called by the Mayor or a majority of the members of the Council, and noticed accordingly to identify the time and place of the special meeting. Public Input. Each regular meeting shall provide an opportunity for members of the public to address the Council on items that are within the subject matter jurisdiction of the Council. Members of the public wishing to speak shall fill out a form provided by the City Clerk, and will be called to the podium at the appropriate time to provide comments within a 3-minute time limit. No person may donate his or her time to another speaker. The Mayor, subject to appeal as a decision of the chair, may establish different time limits for particular issues and individual speakers. Parliamentary Procedure Roberts Rules of Order. In all matters of parliamentary procedure not expressly provided for in the City Charter or the ordinances or resolutions of the City of Huntington Beach, the procedure contained in the current edition of Roberts Rules of Order, as it now exists or future revisions thereof, shall control. Failure to comply with technical procedural rules shall not effect the Council's ultimate decision except to the extent the failure violates due process. Parliamentarian. The City Attorney is parliamentarian for the City Council, and upon the request of the Mayor or upon his own initiative, shall make rulings on points of parliamentary procedure. Motions. Motions may be made by any member of the Council and require a second, except when a second is not required by Roberts Rules of Order. A motion may be withdrawn by the mover with the consent of the second and in the absence of objection from any other member of the Council. The Vote. The vote on all motions shall be by roll call, and recorded by electronic or other means necessary to record the vote. 128 Division of Question ("Split Vote"). If the question contains two (2) or more divisible propositions, the Mayor may, and at the request of any Councilperson shall, divide the question (also called "split vote"). Example: 1. Waive further reading of ordinance/resolution (requires unanimous vote) 2. Adopt Tie votes. If a vote results in a tie, the motion fails except that on appellate matters a tie vote on a motion to sustain the lower body's decision has the effect of sustaining the decision of the lower body. A tie vote on a negative motion does not approve the affirmative side of the motion. Thus, a tie vote on a motion to disapprove or not to do something does not automatically adopt the opposite. After such tie vote, the question should be made in the affirmative mode. Rights of Mayor. Each member of Council including the Mayor may make motions, second motions and vote on motions. The practice of some deliberative bodies where the Chairman does not vote except to break a tie does not apply to the Council. Other Actions. Actions which are not required by the City Charter or City ordinances to be in the form of ordinances or resolutions may be effectuated by minute action. Minute Actions. In all situations where an action of the Council under the express provisions of the City Charter or ordinances shall or may be by resolution, a "minute action" of the Council adopted by at least four (4) affirmative votes shall be deemed a resolution for all purposes, and such action shall not fail merely because it lacks the form or title of a resolution. Minute actions require the affirmative votes of a majority of Councilpersons present and voting, but not less than three (3), except when less than a quorum is present, the lesser number may adjourn from time to time. Motion to Reconsider. A motion to reconsider, when appropriate under the Brown Act and Roberts Rules of Order, may be made at the same meeting or no later than the next regular meeting if the item is placed on the agenda of the City Council by a Councilperson who voted on the prevailing side of the motion to which it applies. • The vote required to adopt a motion to reconsider shall be a simple majority of Councilpersons present and voting, except that such motion shall require four (4) affirmative votes in order to reconsider any motion which required four (4) affirmative votes for adoption. • A motion to reconsider may be made only once with respect to any motion to which it applies. However, a motion to reconsider a main motion does not preclude the making of a motion to which it applies. 129 • A motion to reconsider a main motion does not preclude the making of a motion to reconsider the main motion as amended. • A motion to amend may be reconsidered. • A motion to reconsider a motion to reconsider is not permitted. The vote on the motion to reconsider shall be taken at the time the motion to reconsider is made except that the vote on a motion "to reconsider and enter upon the minutes" shall be taken at the next regular meeting of the City Council if said minutes are on the agenda. • The effect of the adoption of a motion to reconsider is to vacate the vote taken on the motion to which it applies and to present the motion to which it applies to the body for action as if no vote had been taken on it. The new vote on the motion to which it applies neither sustains nor overrules such motion because the old vote is vacated, and the new vote is taken as though no previous vote had been taken. Vote Required on Appellate Matters. Where action has been taken by a lower body that would be final if not appealed, such as decisions by the Zoning Administrator or the Planning Commission, and is subsequently appealed to the higher body, the following procedure applies: 1. If the motion is to sustain the lower body's decision, a majority of those present and voting is sufficient (four (4) affirmative votes not required). It is not necessary to make a motion to overrule. When there is a tie vote,the lower body is sustained. However, if the motion to sustain gets less than a tie vote, a motion to overrule must be made. 2. If the motion is to overrule the decision of the lower body, four (4) affirmative votes are required. If there are less than four (4) affirmative votes, the decision of the lower body is deemed sustained and no further vote is required. 3. If a motion is made to modify the decision of the lower body, two separate steps must be taken: a) First, the motion to modify requires four (4) affirmative votes. b) Second, if the motion to modify is adopted, a motion to sustain the decision of the lower body as modified requires the same vote as the motion to sustain. c) A motion to overrule the decision of the lower body, as modified, requires four (4) affirmative votes. If there are less than four affirmative votes,the decision of the lower body, as modified, is deemed sustained without further vote. d) If a motion to modify fails, the next motion is either to sustain or to overrule the subordinate body. 130 Doing Business After 11:00 P.M. No meeting shall continue beyond 11:00 P.M. without a majority vote of the Council (Resolution No. 2015-46). 131 ' - l '. !1fp ill „I It a �.. ,_ � ' I' i '•*:fi 2 ` I t is i� � .� II 1 �x dl —_a r rnx�- - � Q+ a .- �Di i �... G , o L (ri-7,:-., , , ci'A er;„4 = 1 .. .. , JPTh . øe$S,,,,,,....;0- ,,.. , ,,,, i 132 The Agenda Process The Agenda Process is a schedule of activities that occur prior to placing an item on the City Council/Public Financing Authority agenda. In March 2003, Council approved a policy that provided a timeline for agenda-related activities to facilitate timely compilation and delivery of the agenda packet to Council, staff, and the public. Agenda activities include creation of a Request for Council Action (RCA/staff report), and depending upon the type of request, may require scheduling a public hearing, submitting a Request for Legal Service (RLS) to the City Attorney (legal review of a document or request to prepare a resolution or ordinance), review of fiscal impact information by the Finance Department, and others. All RCAs must be submitted to the City Manager for review and approval. The City Manager may request department modifications to the RCA, and once approved, the RCA is forwarded to the City Clerk for additional review for complete materials and final placement on a future agenda. The City Clerk prepares a draft agenda and presents it to the City Manager, City Attorney, department heads and select Councilmembers at Agenda Review, a meeting held each Monday afternoon the week preceding a regularly scheduled City Council meeting. This meeting is designed to provide staff and the Mayor an opportunity to share information, ask questions or make recommendations to the agendized items. Agenda Review is also the last day a Councilmember can place an item on the agenda. Exceptions can be made for a time-sensitive item that cannot be delayed to a future Council meeting. Items placed on the agenda by individual Councilmembers will be agendized for future action by the City Manager. Following Agenda Review, agenda packet material is finalized and electronically compiled into iLegislate,the application used by Council and staff to review agenda-related materials on City- issued iPads or personal e-devices. At 5:00 p.m. on the Wednesday preceding a regularly scheduled City Council meeting, Council is advised by email communication that the e-packet is accessible and ready for downloading onto their City-issued iPads or personal e-devices. Following release to Council, agenda material is made visible to staff and the public at https://huntingtonbeach.legistar.com/Calendar.aspx. If a holiday occurs on the Monday or Tuesday prior to Wednesday's scheduled agenda packet release, delivery of packet material to Council and the public may delayed by one additional day. Please refer to 2019 City Council Agenda Deadline Schedule (attached) as an outline of the agenda process schedule for staff and Councilmembers. 133 2019 AGENDA DEADLINE SCHEDULE PUBLIC HEARING ITEMS DUE TO ITEMS DUE AGENDA REVIEW PACKET MEETING NOTICES TO CITY CLERK ADMIN 14 Days TO CLERK (H-ITEMS DUE) DELIVERY DATE 19 Days Prior* Prior WED. 5 PM MON.4 PM WED. 5PM WED.5 PM MON.5 PM N„„,,„,,:„,,,„,,,,,,„,.,„,,,,:,",,„,,,,,,,,,,,„l„„ii„,,„:,,,,,,,,.„,:l.!„,;,.,:-.,4 0,,,g„e„„,,„,„,,-, 3 EEK BEF _ h fe r6"'igel.Ti:c„4...s, .,,,:,i'i:2...,:,11..: r„p E - _, 01/22/19 12/31/18 01/02 01/09 01/14 01116 02/04/19 01/14 01/22 01/24 01/28 01/30 02/19/19 ' 01/29 0 /04 02/06: 02/11 02/13 03/04/19 02/11 02/19 02/20 02/25 02/27 03/18/19 02/25 03/04 03/06 03/11 03/113 04/01/19 03/11 03/18 03/20 03/25 03/27 04/15/19 03/25 0 /01 „:. 04/03 04/08 04l'10 05/06/19 04/15 04/22 04/24 04/29 05/01 ,. 05/20/19 04/ 9 05/064v4 05/08 05/13 05/1 06/03/19 05/13 05/20 05/22 05/28 05/29 061/7/19 05/28 06/03 ': 06/05 06/10 06/12' 07/01/19 06/10 06/17 06/19 06/24 06/26 07/15/19 06/24 07/01 07/03 07/08 07/1 08/05/19 07/15 07/22 07/24 07/29 07/31 08/119/19 07/29 08/0 08/07` 08/12 08/14 09/03/19 08/12 08/19 08/21 08/26 08/28 ..09/16/19 08/26 09/03 09/04 09109 09/11 10/07/19 09/16 09/23 09/25 09/30 10/02 10/21/19 09/30 10/07 10/09` " 10114 10/16 ' 11/04/19 10/14 10/21 10/23 10/28 10/30 11/18/19 10/28 11/04 . 11/06 11111 " 11/13 12/02/19 11/12 11/18 11/20 11/25 11/27 12/16/19 11/25 12/02 12/04 1`2/09 ' 12/1 1 01/21/20 12/30 01/06 01/08 01/13 01/15 134 c m , .. pp 4 tr- 111,111i tiliiiii till 1111 6 111111 MI iiiiiiini _t -,-- '' ii. ... tic . :? t xpr° -41%__ .,sue_. _,. r Se::cbIoii 2 GC : e re Eti. Sc i',\„:,..-.) en. Di IT Pro Vem 135 Procedure for Selection of Mayor Pro Tern The procedure for selection of the Mayor Pro Tern, pursuant to Resolution No. 6320, Charter Sections 305 and 306, shall be as follows: 1. At the City Council meeting following any general or special municipal election at which any Councilmember is installed, or as soon thereafter as the results of the election are certified, the Council shall elect a Mayor and a Mayor Pro Tern. In non-election years, the selection of Mayor and Mayor Pro Tern shall be made at the first regular meeting held in December. 2. The Mayor and Mayor Pro Tern shall serve terms of one year. 3. The member of the Council serving as Mayor Pro Tern shall become the Mayor upon the expiration of the seated Mayor's term. 4. The member of the Council having the longest consecutive City Council service shall become the Mayor Pro Tern. a) In the event that two Councilmembers have the same length of service, then the member who received the greatest number of votes in the last Council election in which such member was elected shall become Mayor Pro Tern. b) If any member declines his/her term as it arises in rotation, that member shall remain in the same place in the rotation cycle as if he/she had served. c) Any Councilmember who has served as Mayor within the last four years will not be eligible for election as Mayor Pro Tern. 136 2M 10 1 ''.. '------ :,..,,,,,,,,„„:,- .. . iiii 4., to: •:•:- • • , Oil i ' s , ,,,,,,,,,, lila , u, • .:•__. :.�� 63:. •e 43 tea*_K' %i �"--'l,,,p t 137 Code of Ethics In October 1993, the City Council adopted a City Code of Ethics by ordinance and resolution that would set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, and committees of the City of Huntington Beach. The most recent revision to the Code of Ethics was approved in November 2016. Resolution No. 2016-73 requires that the City Council, City Departments, and all boards, commissions and committees are to formally review the Code of Ethics with their members on an annual basis. In January of each year, the Mayor presents the Code of Ethics to the City Council, and "directs the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73."(1) The Council also finds that "Any official found to be in violation of the Code of Ethics may be subject to censure by the City Council. Any member of an advisory board, commission or committee found to be in violation may be subject to dismissal. In the case of an employee, appropriate action shall be taken by the City Manager or by an authorized designee."(2) (1)Resolution 2016-73 (2)Resolution Nos. 6524 (10/93); 6540 (11/93) 138 4-1 c, lo ouNri City of Huntington Beach Code of Ethics Preamble The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Huntington Beach City Council, adopts this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to-day service to the city. 3. Promote and maintain a culture of ethics. Pledge On_ , the City Council of the City of Huntington Beach adopted a Code of Ethics, which applies to all City elected or appointed officials, city employees, and members of its boards, commissions, committees, and task forces and requires the following pledge: Code of Ethics Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the city for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • I promote consistency, equity and non-discrimination in public agency decision-making. • I make decisions based on the merits of an issue, including research and facts. • I encourage diverse public engagement in our decision-making processes and support the public's right to know. Respect - I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not. • Itake responsibility for my actions, even when it is uncomfortable to do so. ill 00'IN G 1000. ° ACKNOWLEDGEMENT PROCESS FOR THE CITY OF HUNTINGTON BEACH CODE OF ETHICS • All current elected and appointed city officials including current members of all city boards, commissions, committees, and task forces, and all current city employees will be given a copy of the newly adopted City Code of Ethics following its adoption on and asked to sign an acknowledgement form at that time. THEREAFTER: • All elected officials of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at the time of their swearing in. • All new employees of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form as part of their new employee orientation. • Each new member of a city board, commission, committee, or task force will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at their first meeting. 14U ell [iNygT047% • CITY OF HUNTINGTON BEACH CODE OF ETHICS ACKNOWLEDGEMENT OF RECEIPT FORM Name Title Board/Department Date Signature 141 to�U: ` £ '- ''''' —-1;t7.-41111•48.V.'#---,F,F....„..._::..._„ ,,,,:11i-1111,',: 6°''� ._.,f,n - ue.__ "' - s erg' a a '0,1 .�,._ s .. .'$"ma;�-5& R;r.. ��. } r was m ,s'eci... t. : , ., ,trct) e , "© •e.:IRrJrang+s. 142 Required Trainings for Council Members AB 1234— Ethics; AB 1661 — Sexual Harassment Prevention Ethics Training In addition to the City Code of Ethics, effective January 1, 2016, each local official of cities, counties, and special districts in California are mandated by state law to receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years. The City Attorney's Office runs training sessions in compliance with the requirements of AB 1234 approximately every six months. An online training program by FPPC on a cost-free basis can be accessed via their website (http://www.fppc.ca.gov/learn/public-officials-and- employees-rules- /ethics-training.html). The Institute of Local Government (ILG) also offers two, one-hour self- study exercises as an option for local officials to satisfy AB 1234 requirements. Sexual Harassment Prevention Training and Education State law requires all city officials in California to complete at least 2-hours of sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. This training content includes federal and state statutes outlawing sexual harassment, solutions available to victims, and "practical examples"to teach officials how to prevent sexual harassment, discrimination, and retaliation in the workplace. Thus, City Council member must receive training within the first six months of taking office and renew at least once every two years. Attendance to this training is aligned with the City's commitment to preventing inappropriate conduct at all times and creating a work environment that is safe, respectful, and free of any types of harassment, discrimination and retaliation. See Administrative Regulation 412 (attached)for more details. Training and/or education may be offered internally through the City Attorney's Office, or by ILG, nonprofits, or commercial organizations -- please consult with the City Clerk's office. Costs related to attend such trainings can be reimbursed by the City. NOTE: When these trainings are finished,you must print the Certification of Completion (both) provided at the end of such trainings and submit a copy of the certificate to the City Clerk in a timely manner. These laws require the City Clerk to retain training records for five (5) years minimum as these public records are subject to disclosure under the California Public Records Act, as specified. 143 ADMINISTRATIVE REGULATION Hr«NcH Office of the City Administrator Number: 412 Sections: 1-8 Effective Date: March 1, 1991 Revised Date: October 5, 1999 March 21, 2005 SUBJECT: Harassment in Employment Policy 1. Purpose: 1.1 To establish a City policy regarding the prohibition of harassment in the workplace and/or while engaged in any activity on behalf of the City of Huntington Beach. 1.2 To fully inform all elected officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach, employees, department heads, managers, supervisors of the City, that any form of harassment in the workplace will not be tolerated or condoned. 1.3 To inform elected officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach and all City employees of their rights if they believe they have been a victim of harassment and, 1.4 To provide a means for prompt reporting and a full and effective investigation of all complaints and provide for remedial action against those who engage in harassment as prohibited by this regulation. - 2. Authority: Section 401, Huntington Beach Charter. City of Huntington Beach Code of Ethics. Title VII of the United States Civil Rights Act. Guidelines of the Equal. Employment Opportunity Commission and the California Fair Employment and Housing Act Commission (Government Code subsection 12900-12940 et. seq.. Fair Employment and Housing Act). State of California Department of Fair Employment and Housing Commission 28 Civic Center Plaza, Room 538 Santa Ana, CA 92701-4010 (714) 558-4159 3. Application: This regulation applies to all elected officials, members of advisory boards, commissions and committees of the City of Huntington Beach and all departments, and employees of the City of Huntington Beach. 144 Administrative Regulation Page 2 Office of the City Administrator 4. Definition of Harassment. Harassment includes, but is not limited to: 4.1 Verbal Harassment — Epithets, derogatory comments, slurs and lewd propositioning on the basis of race, religious creed, color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual orientation, or age. Examples include, but are not limited to, inappropriate sexually-oriented comments on appearance, including dress or physical features, or race-oriented stories and jokes. 4.2 Physical Harassment - Assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual orientation, or age. Examples include, but are not limited to, pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts. 4.3 Visual Forms of Harassment— Derogatory posters, notices, bulletins, cartoons or drawings on the basis of race, religious creed, color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual orientation, or age. 4.4 Sexual Favors — Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment. By definition, sexual harassment is not within the course and scope of an individual's appointment and/or employment with the City of Huntington Beach: 4.5 Definition of Employee - An employee shall be defined as any individual, regardless of classification, employed by the City of Huntington Beach, person providing services pursuant to a contract, or volunteers working under the supervision of the City. 5. Policy: Harassment of an applicant or employee by an elected official, officer,. member of advisory boards, commissions and committees of the City of Huntington Beach, management employee, supervisor or co-worker on the basis of race, religious creed, color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual orientation, or age is prohibited and will not be tolerated. This policy applies to all terms and conditions of employment,.including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence; training opportunities, and compensation. The policy also applies to outside contractors, customers, and constituents. AR412 145 Administrative Regulation Page 3 Office of the City Administrator Employees who violate this Policy will be subject to disciplinary action, up to and including termination from employment. Any official found to be in violation of this Policy may be subject to censure by the City Council. Any member of an advisory board, commission, or committee found to be in violation of this Policy may be subject to dismissal from appointment. 6. Responsibility: The City Administrator, department heads and their designated representatives shall be responsible for implementation of this policy against harassment in the workplace. A copy of this Policy shall be provided to all elected officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach and all City employees. A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment and Housing is available to all elected officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach and all City employees upon request. The Human Resources Manager shall make available upon request information from the Department of Fair Employment 'and Housing and the . Equal Employment Opportunity Commission about filing claims of discriminatory harassment with these entities. A copy.of this Policy shall appear in any publication, which sets forth the comprehensive rules, regulations, procedures, and standard of conduct for employees. All City officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach and all City employees shall receive periodic training on this Policy. Supervisors and manager shall take corrective action up to and including recommending termination from employment, if they learn of a subordinate employee who is violating this Policy. 7. Complaint Procedure: An employee who has been harassed on the job should inform his/her employer, its agents or supervisors or the Human Resources Manager of the alleged harassment. The employee may first notify any of the following persons: his/her supervisor, his/her department head, the City Administrator. These officials will treat the complaint confidentially and immediately forward any written complaint to the Human Resources Manager for investigation and action. AR412 146 Administrative Regulation Page 4 Office of the City Administrator To accommodate the unique nature of harassment complaints, a process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Elements of this process are as listed below. Upon notification of a complaint, the Human Resources Manager will: 7.1 Inform the complainant of his/her right to initiate a complaint. 7.2 Notify the appropriate department head of the complainant and authorize the investigation of the complaint and supervise and/or investigate the complaint. All investigations should be conducted as confidentially as possible and will include interviews with: A. The complainant. B. The alleged harasser. C. Any other persons the Human Resources Manager has reason to believe have relevant knowledge concerning the complainant, such as witnesses and victims of similar conduct. D. Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, giving consideration to all factual information including the nature of the verbal, physical, visual or sexual circumstances surrounding the conduct and the circumstances in which the alleged incidents occurred. 7.3 Report the results of the investigation and the determination, as to whether harassment occurred to appropriate persons including the complainant, the alleged harasser, the supervisor, department head, and the City Administrator. 7.4 If it is determined that harassment occurred, recommend to the appointing authority the appropriate disciplinary and remedial action to be taken. The appropriate action will be commensurate with the severity of the offense and will be communicated to the complainant/victim. 7.5 Reasonable steps will be taken to protect the victim and other potential victims from further harassment. 7.6 Reasonable steps will be taken to protect the victim from any retaliation, as a result of communicating the complainant. 7.7 Appropriate action will be taken to remedy the victim's loss, if any, which resulted from the harassment. AR412 147 Administrative Regulation Page 5 Office of the City Administrator 8. Dissemination of Policy: This Policy will be disseminated to all elected officials, officers, members of advisory boards, commissions and committees of the City of Huntington Beach and all managers, supervisors, and employees. I have read and understand the Harassment in Employment Policy, AR 412. I understand that harassment in the workplace on the basis of race, religious creed, color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual orientation, or age will not be tolerated by the City of Huntington Beach. Date: (Signed) Printed Name: 64k Penelo a Culbreth-Graft, City Administrator AR412 148 -.„-...„...,..........,... '''.. , . :. _ . ., . ,--:,: N ` 8 M 7!1// B _. 77� k(i(I)t j tY""+'.( i '"? ay �i t W.+ IIIiUI��li'hllu)(�h�lflillll (1��ll1�1) ��.I III"-�:- �l 1II ��. ! nk 8 do S ta tew i€1 e aB,. lb Pro . m .c oil) 3.) A c) p„.„ 1,..,..:$3' . . ., 1 . Co! ,h'i) P.-. '' R thh nig -k.- ' city .. s t'atoi 149 Statewide Ballot Propositions The City Council shall take no stand, either pro or con, with respect to any statewide ballot proposition. (Resolution 4344— 10/76) Appeal of Planning Decisions A City Council member may appeal a decision of the director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. (HBMC §248.28) The City Council member appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. (HBMC §248.28) The time limit for filing the appeal is ten (10) calendar days after the decision. The appeal must specify in detail the reasons for the appeal, and the hearing is limited to the specific reasons. Guidelines for Councilpersons representing the City at conferences or other such meetings At any conference or other such meeting where the City is represented by one or more members of the City Council, the following guidelines shall be followed per Resolution 4366- 12/76: 1. Whenever possible, Councilpersons shall represent the City as "instructed delegates by majority vote of the City Council." 2. In the event no prior instructions or directions have been given, a poll shall be taken of the delegates attending such conference, or other such meeting, so that any vote or action taken by such Councilpersons shall reflect the wishes of a majority of delegates. 3. In the event no prior instructions or directions have been given delegates, or in the event that the City of Huntington Beach is not represented at a conference or other such meeting, but the matter at issue is one on which the Orange County League of Cities has taken a stand concurred in by the City of Huntington Beach, the City Council shall be bound by the action taken on such issue by the Orange County League of Cities. Additional guidelines include: 4. Members of the Council should avoid discussion or comment on the City matters at conferences or other such meetings or on social media, other than as part of the scheduled program. Discussions where 4 or more City Councilmembers are present could 150 inadvertently create a "serial meeting" of a majority of the members of the Council in violation of the Brown Act. 5. Each Councilmember has a travel budget used for expenses when attending conferences or training. The Council's Administrative Assistant can verify each year the amount budgeted for travel, and guidelines for use of funds can be found in Resolution No. 2006- 79 (attached). A per diem allowance is available for each full day of out-of-town travel to a conference or training, and/or on official business authorized by the Council. If/when a Councilmember depletes allocated travel funds, additional travel may be funded by another Councilmember who still has travel funds available. 6. If any more than 3 Councilmembers want to attend the same conference, then seniority would determine who attends. Seniority is determined by the Councilmember position with the Mayor having first right of refusal and the immediate past Mayor placed at the bottom of the list. 151 RESOLUTION NO. 2006-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A BUSINESS EXPENSE POLICY FOR ELECTED AND APPOINTED OFFICIALS WHEREAS, AB 1234 mandates the adoption of a business expense policy for elected and appointed officials; and The City Council desires to establish an expense policy, as authorized by City Charter Section 401 and Minute Action of the City Council, for all elected and appointed officials of the City who attend approved meetings, schools, conferences,training programs, and seminars, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Business Expense Policy shall be as follows: BUSINESS EXPENSE POLICY: 1. POLICY l.a. This policy shall apply to all elected and appointed officials of the City. 1.b. The City Administrator and / or the Director of Finance shall be responsible for the proper administration of this policy for all elected/ appointed officials. 1.c. Any exceptions from this policy must have prior written approval of the City Council. 2. ALLOWED EXPENSES. Whenever possible, group rates shall be used. 2.1 Registration 2.1.a. Approved schools and training exercises specifically related to the functions and responsibilities of the elected/ appointed official in his/her present job classification. 2.1.b. Approved participation in meetings that provide specific job-related information or input for City programs. 2.1.c. Approved participation in meetings that affect department or City programs so that the value to the City warrants attendance. 2.1.d. Attendance at non-budgeted meetings may be granted at the expense of the elected/ appointed official provided the above criteria are met. 2.1.e. Registration fees normally payable in advance shall be obtained through the regular requisition and purchasing process. 06.606/4957 1 152 Resolution No. 2006-79 2.2 Travel 2.2.a. Expense for local transportation shall be allowed when necessary to conduct City business. 2.2.b. Air travel at coach fare by the most direct route. Air transportation costs normally payable in advance shall be obtained through the regular requisition and purchasing process. 2.2.c. Car rental shall have prior approval by Administration and a City discount credit card shall be used. 2.2.d. Personal cars may be used, with prior approval of Administration, at the amount per mile as allowed by the most recent Internal Revenue Service Allowance, or the equivalent amount of round trip air coach by the most direct route for one passenger, whichever is the lesser amount. 2.2.e. Travel time, when allowed, will be based on the most cost-effective mode of travel. The approving authority sha I make such determination. 2.3 Lodging 2.3.a. Lodging shall be obtained at the single room rate or at government rates when available. Government rates shall be requested on all lodging reservations. 2.3.b. Rates shall not be higher than any special rate offered for the meeting location. 2.3.c. Whenever practical, lodging shall be arranged and paid for by the City. 2.4. Miscellaneous Allowable Fees and Costs 2.4.a. Telephone expense shall be allowed for City business only. 2.4.b. Costs necessary for school or meeting supplies which cannot be obtained by the City prior to such school or meeting. 2.4.c. Costs of miscellaneous items may be allowed when it is specifically shown that such items were necessary to conduct City business. 2.4.d. All additional charges incurred shall be at the expense of the attending elected / appointed official. 3. PER DIEM ALLOWANCE 3.1.a. Per Diem will be allowed in lieu of A detailed accounting of expenses. This will ordinarily be forty-five dollars ($45) for each full day during the travel period. On official business authorized by the City Council, Councilmembers shall be allowed, in lieu of detailed accounting, a per diem of fifty dollars ($50). It is recognized that certain cities (e.g. New York) are "high cost" areas. Accordingly, a supplemental allowance of up to twenty dollars ($20) per 06-606/4957 2 153 Resolution No . 2006-79 day for a total of sixty-five dollars ($65) may be allowed if approved by the City Administrator in advance. Per diem for the following cities shall be as indicated: New York $65; Washington D.C. $65; San Francisco $65; Monterey$55, Palm Springs $55. 3.1.b. The per diem requirements shall be 1) for days actually spent on City business; 2) for programmed days of a conference meeting, and 3) for time spent in travel (limited to the shortest travel time available). 3.1.c. Separate reimbursement will not be made for items identified as being covered by the per diem allowance. Per diem expense will include, but not be limited to, the following items: 1) Meals purchased during the inclusive dates of the trip. 2) Tips and gratuities of reasonable amounts for meals, hotels and transportation purposes. 3) Miscellaneous items of expense otherwise unclassified will be included in this category. Personal items and entertainment, unless such entertainment is necessary to conduct City business, will be included under this category and will not be reimbursed if in excess of per diem allowance. 4) Exceptions: Per diem allowance will not apply to official travel for meetings, conferences and conventions which: a) do not require an overnight or out-of-town attendance; b) takes place within the County of Orange limits; and c) one day meetings, conferences and conventions which are within commuting distance will not be allowed per diem allowance but will be subject to reimbursement based on reasonable, actual and itemized expenses for purposes listed in this paragraph. 4. ADVANCES. Request for advances should be submitted for approval at least ten (10) days prior to departure. The approving authority may grant one hundred percent (100%) of the approved estimate of expenses. Advances shall be paid in accordance with procedures established by the Finance Director. In no case shall any money be advanced for expenses to be incurred by any person other than the authorized elected/ appointed official. 5. RECORDS Records of expenses as outlined above shall be maintained on a City form. . The elected / appointed official shall provide itemized expense receipts on prescribed forms for the following: 5.1.a. All travel for which tickets must be purchased, lodging, parking; all meals; all other expenses for which receipts can be obtained. 5.1.b. Date, amount, purpose and reason for failure to furnish receipt(s) shall itemize all expenses for which receipts cannot be obtained. 5.1.c. All expenses, with or without accompanying receipt, shall be reported on the appropriate City form, approved for such purposes. Expense reports shall be submitted to the approving authority within ten (10) working days upon return. Any elected / appointed official who fails to comply with this provision shall forfeit his/her right to future advances. 06-606/4957 3 154 Resolution No. ZUUb- /• 5.1.d. The elected / appointed officials shall be responsible for all personal record keeping which may be necessary to meet Internal Revenue Service requirements relative to his or her taxes. 5.1.e. Elected / appointed officials shall comply with this policy and insure that all requests are approved in advance and proper reports and receipts are submitted. 6. BROWN ACT MEETINGS Elected / appointed officials shall report on any Brown Act meeting attended at the expense of the City/Agency at the next regular meeting of the legislative body. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 t h day of December , 20 0 6 . liP.-4-16f-h�r 7 etAelp REVIEWED AND APPROVED: PPROVED AS TO FORM: nc pity AdinSinistrator ity Attorney pC,l ITIATED AND APPROVED: YVI ity Attorne 1 N-lOG • 06-606/4957 4 155 Res. No. 2006-79 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 an regular meeting thereof held on the 18th day of December, 2006 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None City ' erk and ex-officio C rk of the City Council of the City of Huntington Beach, California 156 °r -1911III1 S'y *�":«t !:-� •" a = °g tag 'H! See' :: 46 , .. ..,p.lp.ot '! ,. -.,,,,,, lyi ;ew :, ,1 ,,,, to rr-'cosa''.':H. ::ds-,-:, ,. .... .„ : ..., .:•...... ...•. .• ..,,.., ,,J, ::.,. ,......: ..„,. , . . . . . ....,,... ,,• , .. . C......,. �C o ' 'l " "� �� ' 157 Appointments to Boards, Commissions and Committees When a vacancy occurs for any reason on any board or agency over which Council has power to fill by appointment, subject to the provisions of the Maddy Act (Government Code § 54970), the following procedure shall be used to fill such vacancy: 1. On or before December 31 of each year, the City Clerk shall prepare and bring before Council for approval the Maddy Act Local Appointments List (attached), that alerts citizens of vacancies scheduled to occur on regular and ongoing boards, commissions and committees appointed by Council in the following year. 2. The Local Appointments List will be published and remain on the City's website for the entire year, and shall also be posted at bulletin board locations accessible to the public. 3. When an unscheduled vacancy occurs, a special Notice of Vacancy (NOV) shall be published and posted not earlier than twenty (20) days before, or not later than twenty (20) days after, the vacancy occurs. A final appointment shall not be made for at least ten (10) working days after a posting of vacancy. If Council finds that an emergency exists, it may fill the vacancy immediately provided that the person appointed shall serve only on an acting basis until the final appointment is made. 4. The Council shall, as soon as is reasonably possible, fill any such vacancies, but nothing herein shall be construed to limit its choice to a person who has submitted an application, as outlined above. Based on applications received per each board, commission or committee, Council and staff liaisons will work together to evaluate each applicant's qualifications, and put forth a recommendation to the City Council for approval. 158 TING • F •tee cotiNTY� P� City of Huntington Beach MADDY ACT LOCAL APPOINTMENTS LIST - 2019 **Revised** Opportunity for Public Service on City Boards and Commissions CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2019 This list is prepared to inform members of the community of opportunities to serve on City boards and commissions and to invite applications from interested parties. Please note that the following information pertains to openings that will be available in 2019 because of expiration of members' terms. Very often during the year there will be openings on boards, commissions and committees because members resign. These openings are posted separately at the Civic Center and Huntington Central Library, and are listed on the city's website at: http://www.surfcity-hb.orq/Government/boards commissions/notice of vacancies.cfm. ROBIN ESTANISLAU, CITY CLERK Office of the City Clerk 2000 Main Street, 2nd Floor 714-536-5227 159 MADDY ACT LOCAL APPOINTMENTS LIST - 2019 (Chapter 10, Section 54970, Part 1, Division 2, Title 5 of the Government Code) The following information provides notification of membership terms on City boards, commissions and committees due to expire in 2019: ALLIED ARTS BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Celeste Hamil 07/15 06/19 Kara Rudin 07/15 06/19 Matt Rudin 07/15 06/19 Catherine Stip 07/15 06/19 ALLIED ARTS BOARD coordinates programs related to the arts within the City providing recommendations to the City Council on development of the arts and other cultural activities for the City. It is a nine-member board that meets at 6:00 PM on the 4th Wednesday, every other month in February, April, June, August, October and December. Meetings are held at the Civic Center, 2000 Main St. Huntington Beach, CA 92648, Rm B-7. Staff support is provided through the Community Services Department/Art Center at (714) 374-1663. Necessary Requirements: City resident 30 days prior to appointment; 18 years of age and interested in guiding, encouraging and promoting cultural activities in the City. CHILDREN'S NEEDS TASK FORCE (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Dr. Joslin de Diego 09/17 08/19 Meagan Kensey 09/15 08/19 Dr. Phyllis Lembke 09/15 08/19 Tiffanie Lin 09/17 06/19 Domnique Sardinas 09/17 06/19 Chana Wanock 09/17 08/19 CHILDREN'S NEEDS TASK FORCE develops and implements plans for youth and children that will ensure the best possible environment for raising children to become successful members of our community. The Task Force meets the fourth Thursday every other month at 4:00 p.m. in Room B-8 of the Civic Center. Staff support is provided through the Community Services Department at (714) 374-1583. Necessary Requirements: Residents or work within the City. Task Force members are recommended by the City Council liaisons. Members and Appointments: The Children's Needs Task Force is made up of thirteen (13) members and shall consist of a minimum of one student representative and not more than one- 160 third of the 13 member total allowable membership. Adult members serve a 4-year term up to two terms. Student members serve a 1-year term up to four terms. CITIZENS INFRASTRUCTURE ADVISORY BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) The Charter directs that the City Council establish a CITIZENS INFRASTRUCTURE ADVISORY BOARD (CIAB) for the oversight of infrastructure. In 2002, the Public Works Commission became the auditing body. In 2015, an Ordinance was created to establish the CIAB as required by Charter section 617. Staff support is provided by the Public Works Department at (714) 375-5070. Members and Appointments: The CIAB shall be comprised of seven members, to be directly appointed by members of the City Council. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Necessary Requirements: The Board shall act in an advisory capacity to the City council in matters pertaining to infrastructure. The Board should meet monthly in the quarter prior to release of the annual budget. CITIZENS PARTICIPATION ADVISORY BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) CITIZEN PARTICIPATION ADVISORY BOARD (CPAB) makes recommendations to the City Council on eligible activities for the Community Development Block Grant (CDBG) program and other Housing and Urban Development (HUD) programs annually. Meetings are held on the 1st Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional meetings may be required depending on the number of grant applications received or as other issues arise. Staff support is provided by the Office of Business Development at (714) 536-5470. Members and Appointments: CPAB includes seven, individual appointments by the City Council. Necessary Requirements: As an advisory board of seven Council-appointed citizens, members shall have an interest in providing citizen participation and coordination in the City's planning processes for the City's Housing and Urban Development (HUD) programs. Members shall have an interest in assessing the needs of the community, particularly that of low and moderate income households, evaluate and prioritize projects pertaining to the required plans, and provide recommendations to the City Council. Low-income and disadvantaged persons are encouraged to apply. COMMUNITY SERVICES COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) COMMUNITY SERVICES COMMISSION reviews and provides recommendations relating to the city's parks, beaches, and recreational facilities. The Commission meets the 2nd 161 Wednesday of each month at 6:00 p.m. in the Council Chambers. Staff support is provided by the Community Services Department at (714) 536-5434. Necessary Requirements: City resident, interested in recreational programming and development of parks. Members and appointments: The Commission consists of 13 members - seven direct appointments by individual Council Members to serve a consecutive 4-year term; six direct school-district appointments to a one-year term. Each elementary, high school and public community college district having facilities within the City may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the City of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the Commission. DESIGN REVIEW BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration There are no Design Review Board member appointees whose term will expire in 2019 The DESIGN REVIEW BOARD reviews design, colors and materials for projects located within Specific Plan Areas, and areas designated by City Council, City facilities or projects abutting or adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan primary and secondary entry nodes. This process ensures that the aesthetic values of the adopted Urban Design Guidelines are implemented through high quality architectural style, superior landscaping and compatibility of design with surrounding properties. The Design Review Board assists the Community Development Director, Zoning Administrator, and Planning Commission in reviewing development plans and architectural drawings within designated geographic areas of the City. The Board makes recommendations to the Community Development Director, Zoning Administrator, and Planning Commission and may impose conditions or modifications on projects reviewed. The Board meets on the second Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. Staff support is provided through the Community Development Department at (714) 536-5271. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Necessary Requirements: City resident, at least 18 years of age and interested in guiding, encouraging and promoting the maintenance of harmonious, compatible, attractive and aesthetic developments within special and unique areas of the City. Members must have training, education or work experience in design-related fields including, but not limited to, architecture, landscaping, art, urban/environmental design and aesthetics. 162 ENVIRONMENTAL BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Michael Bourgeault 06/15 06/19 Diana Dehm 03/18 06/19 Ana Rudolf 06/15 06/19 Mark Sheldon 06/15 06/19 Shawn Thompson 04/16 06/19 Debbie Killey 06/15 06/19 Tony Soriano 06/15 06/19 ENVIRONMENTAL BOARD studies and reports on issues related to the environment of the City of Huntington Beach and investigate all actual and potential threats to a clean environment for the city and its inhabitants. It is made up of nine members who meet on the 3rd Wednesday of each month at 6:00 p.m. at the Central Library, Room B. Staff support is provided through the City Manager's Office at (714) 536-5265. Necessary Requirements: City resident and preferably the following: 1)A general interest in the environment and protecting its quality; 2) An interest in local government and becoming involved in its operation; 3) Preferably a specific interest in the activities of the Environmental Board which relate to (a) long range local and regional planning, (b) state and federal environmental legislation and its impact upon the community, (c) energy conservation, and (d) solid waste disposal. FINANCE COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) FINANCE COMMISSION acts in an advisory capacity to the City Council in matters pertaining to financial planning. The Finance Commission consists of seven members individually appointed by a member of the City Council, and serves a concurrent Council term. The Finance Commission holds regular monthly meetings on the fourth Wednesday of each month at 5:00 PM in Room B-7 of City Hall. All meetings are open to the public and special meetings may be called in conformance with the Ralph M. Brown Act. In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. Staff support is provided through the Finance Department at (714) 536-5630. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Necessary Requirements: City resident of the City of Huntington Beach. Commissioners are appointed by Council. 163 FOURTH OF JULY EXECUTIVE BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) FOURTH OF JULY EXECUTIVE BOARD is responsible for the fundraising, coordination and presentation of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run and related entertainment. The board meets monthly on the 1st Wednesday at 6:00 pm year- round, with two meetings in May and weekly or as-needed meetings in June. The meetings are held in B-8 on the Lower Level of the Civic Center, 2000 Main Street. Appointments are made on an as-needed basis. Staff support is provided through the Community Services Department at (714) 374-5312. Necessary Requirements: Resident of the City of Huntington Beach. HARBOR COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration To be determined — no term expirations in 2019 HARBOR COMMISSION shall act in an advisory capacity to the City Council on matters pertaining to the Huntington Beach harbor its beaches, facilities, and parks. The Board is made up of seven (7) members. The Board meets as needed on the 4th Thursday of each month at 5:00 P.M. at City Hall, Room B-7 (lower level). Staff support is provided by the Community Services Department at (714) 536-5292. Necessary Requirements: Resident of the City of Huntington Beach. Commissioners are appointed by Council. HISTORIC RESOURCES BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Susan Nguyen 07/15 06/19 Joe Santiago 07/15 06/19 David Wentworth, Sr. 07/15 06/19 HISTORIC RESOURCES BOARD provides information to the City Council pertinent to the conservation and preservation of the City's historic resources. The Board is made up of 9 members. The Board meets as needed on the 3rd Wednesday of each month at 5:00 P.M. at City Hall, Room B-7 (lower level). Staff support is provided by the Community Development Department at (714) 536-5271. Necessary Requirements: City resident and preferably the following: 1)A general interest in local history; and, 2) An interest in becoming involved in local government. 164 HUMAN RELATIONS TASK FORCE (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Angie Dahman 09/13 12/19 Michelle Gale-Nelson 04/16 12/19 Linda MacDonell 01/12 12/19 Natalie Moser 02/17 12/19 Vashia Rhone 12/17 12/19 HUMAN RELATIONS TASK FORCE was initially formed by the City Council in February 1997. The mission of the Task Force is to promote and celebrate the diversity of our community through education and understanding. In order to achieve these goals, the Task Force sponsors community events through the year and serves as a resource to the community in promoting human dignity and cooperation. The Task Force is comprised of nine members. The Human Relations Task Force meets on the 1st Tuesday of each month at 6:45 p.m. at the Central Library, Room B. Staff support is provided by the Huntington Beach Police Department at (714) 536-5903. Necessary Requirements: Interested in promoting cultural diversity efforts within the community. Fundraising and public information work experience is beneficial. INVESTMENT ADVISORY BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) INVESTMENT ADVISORY BOARD currently consists of seven members. Each City Council Member shall appoint one member of the Board to serve the same term as the City Council Member. The purpose of the Board is to act in an advisory capacity to the City Treasurer and the City Council in matters pertaining to the financial planning and the City's investments as per Municipal Code Chapter 2.109. The IAB meets on a quarterly basis (January, April, July, October) on the third Thursday of the month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. Staff support is provided by the City Treasurer's Department at (714) 536-5200. 165 JET NOISE COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration To be determined — no term expirations in 2019 JET NOISE COMMISSION (JNC) was formed to monitor issues related to jet noise from commercial aviation traffic flying over the City, to act as an advisory body to the Council on matters pertaining to jet noise from commercial aviation traffic over the City, and to engage with neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities on the quality of life in Huntington Beach. The Commission shall consist of seven at-large members recommended by two Council liaisons, and appointed by a majority of the City Council. The Commission shall meet at such time and place as fixed by resolution. Staff support is provided by City Manager's Office at (714) 536-5537. Necessary Requirements: Members shall hold no paid office or employment in the City government while serving on the JNC. LIBRARY BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Sherrie Daugherty 07/15 06/19 Richard Moore 07/15 06/19 Faith Vogel 07/15 06/19 LIBRARY BOARD makes recommendations to the City Council on matters related to the City's libraries and library services in areas as deemed necessary by the City Council. It is a seven- member board that meets on the 3rd Tuesday of each month at 5:00 p.m. in the Central Library Administrative Conference Room. Staff support is provided by the Library Services Department at (714) 960-8836. Necessary Requirements: City resident 30 days prior to appointment and 18 years of age with an interest in the operation and conduct of city libraries. MOBILE HOME ADVISORY BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration There are no Mobile Home Advisory Board member appointees whose term will expire in 2019 MOBILE HOME ADVISORY BOARD ensures the quality of life in mobile home parks and reviews matters concerning mobile home parks in the City of Huntington Beach through healthy communication with park owners, manufactured home owners, and the City Council. Nine members, three each as follows: Park representatives, Resident/Owner representatives, and citizens at-large who have no affiliation or relationship with mobile home parks. They meet quarterly at 6:00 p.m. on the 4th Monday of the month in January, April, July, and October at a 166 City Hall (see Agenda for location changes) with special meetings scheduled as needed. Staff support is provided by the Office of Business Development at (714) 536-5470. Necessary Requirements: The board consists of nine members: three Huntington Beach mobile home park owners; three Huntington Beach mobile home resident owners; and, three Huntington Beach independent citizens at-large who have no affiliation or relationship with mobile home parks. PERSONNEL COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Katherine Elford 07/01/2017 06/30/2019 Phillis Lane 07/01/2017 06/30/2019 PERSONNEL COMMISSION acts in an advisory capacity to the City Council and City Manager on personnel administration, hears appeals on grievance matters and appeals from decisions related to the employer-employee relations resolution, reviews impasse matters, and performs other personnel duties and functions as may be requested by the City Council or prescribed by ordinance or resolution. There are five commission members and meetings take place at 5:30 p.m. on the 3rd Wednesday of each month in Room B-8 of the Civic Center. Staff support is provided by the Human Resources Department at (714) 960-8828. Necessary Requirements: City resident for 30 days prior to appointment. Desirable qualifications are education and work experience in private or public personnel administration. PLANNING COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Members and Appointments: The PLANNING COMMISSION includes seven members who are appointed by the City Council members. Each City Council member appoints one commissioner to this quasi-judicial body that is empowered by State law and the City Council. Meeting Times and Dates: The Planning Commission meets on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers. Study sessions are frequently held at 5:15 p.m. prior to the meeting in Council Chambers. Agendas are available to the public the Thursday prior to the meeting. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. Staff support is provided by the Community Development Department at (714) 536-5276. 167 PUBLIC WORKS COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Members and Appointments: The PUBLIC WORKS COMMISSION consists of seven (7) members who are residents of the City of Huntington Beach. Each City Councilmember appoints a member of the Commission to a term that coincides with the City Councilmember's term. No member may have interest in any contract with the city either during his or her terms or for a period of one year after cessation of Commission service. All members serve without compensation, may hold no other office or employment in city government and no other employment that is incompatible with Commission service. Meeting Times and Dates: The Public Works Commission holds regular monthly meetings, on the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021 Huntington Street. All meetings are open to the public and special meetings may be called in conformance with the Ralph M. Brown Act. Vacancies: In the event a member retires or is unable to compete his term, an appointment shall be made to fill the remainder of the unexpired term. Staff support is provided by the Public Works Department at (714) 375-5055. YOUTH BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration REPRESENTATIVES: Devin Hughes — EHS 06/01/18 05/31/19 Ella Thomas— HBHS 06/01/18 05/31/19 Tatum Osborne — MHS 06/01/18 05/31/19 Natalie Blazquez— OVHS 06/01/18 05/31/19 AT LARGE MEMBERS: Trinon Carter— EHS 06/01/18 05/31/19 Samuel Dater— EHS 06/01/18 05/31/19 Amy Zeng — HBHS 06/01/18 05/31/19 Nikki Nadler— MHS 06/01/18 05/31/19 Emma Fisher— OVHS 06/01/18 05/31/19 YOUTH BOARD is a voluntary advisory board to the City Council regarding youth achievement, problems, and needs. The board represents, involves, and promotes youth participation in community affairs. The board meets on the 2nd Monday of each month at 3:30 p.m. public meeting rooms. Note: A separate application is required for review by the City Council Liaisons. Staff support is provided by the Community Services Department at (714) 374-5312. Necessary Requirements: All members shall be enrolled in high school and shall be residents of this city during their service on the board. The Youth Board was formed to promote Council, city staff and public understanding of the achievements, problems and needs of the city's young people and under Council direction, to enable young people to participate in various city activities and make recommendations to the Council, and further to promote and encourage increased interest and participation among young people in community affairs. 168 # i fif I� 11111i z c) .. ' �_ s , , . 'ict JLCD .„,,,,,;,,t,_ ..te,r . 0 , (7), e . ...... . e , ., . 0-1:61t ]rt....:? s . 6Ferrn 700 169 Statements of Economic Interests - Form 700 Reporting WThe Political Reform Act(Act)prohibits a public official from using his or her official position to influence a governmental decision in which he or she has a financial interest. Every state and local agency must adopt a conflict of interest code that identifies all officials and employees within the agency who make governmental decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests as specified in the agency's conflict of interest code. To help identify potential conflicts of interest, the law requires public officials and employees in designated positions in a conflict of interest code to report their financial interests on a form called Statement of Economic Interests—Form 700. The conflict of interest codes and the Form 700s are fundamental tools in ensuring that officials are acting in the public's best interest and not their own. The Fair Political Practices Commission (FPPC) is the agency responsible to provide public officials with answers to questions related to the content they report on their Form 700. Frequently asked questions and other resource information including an online advice system can be accessed at http://www.fppc.ca.gov/Form700.html. The City's Conflict of Interest Code (Resolution No. 2018-58, attached), details provisions, filing of statements, designation of positions, exclusions, and level of disclosure by category. All designated filers must file Form 700 information electronically through NetFile, the City's online portal certified by the FPPC to accept Form 700 and FPPC campaign disclosure documents. The City Clerk's office administers the NetFile application, and keeps in contact with all new and existing filers to provide account information, alert filers of deadlines, and assist them with navigational issues. The filer portal is located at https://netfile.com/Filer/. Form 700 information is also used by City staff to create a conflict of interest map for each public official who is responsible to make policy decisions for the City. (')http://www.fppc.ca.gov/learn/rules-on-conflict-of-interest-codes.html Page 73 RESOLUTION NO.2018-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act(Government Code Section 81000 et seq.) requires State and local government agencies to adopt and promulgate conflict of interest codes; and The City of Huntington Beach has adopted a Conflict of Interest Code which has been amended by various Resolutions; and The City desires to amend the Code which was most recently amended by Resolution 2014-64; and The Fair Political Practices Commission has adopted a regulation [2 Cal. Code of Regs. 18730] which contains the terms of a standard Conflict of Interest code, which may be adopted by local agencies and constitutes the agency's Conflict of Interest Code, NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves as follows: SECTION 1. Regulation Section 18730. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and attached hereto as Exhibit A. This regulation, and the attached Exhibit B designating officials and employees and their respective disclosure categories, and the attached Exhibit C establishing Disclosure Categories, shall constitute the conflict of interest code of the City of Huntington Beach, SECTION 2. Filing of Statements. Designated officials and employees shall file their statements with the City Clerk which will make the statements available for public inspection and reproduction. [Gov. Code Section 81008.] Statements for all designated officials and employees will be retained by the City Clerk. SECTION 3. Designation of Positions. The persons holding the position set forth in Exhibit B are designated officials and employees. The Council determines that such persons make or participate in the making of decisions which may foreseeably have a material effect on any financial interest as defined in Government Code Section 87103. SECTION 4. Exclusions. This Code shall not apply to: (a) Public officials specified in Government Code Section 87200, as is or may be. amended, including, but not limited to, members of the City Council, Planning Commissioners, the City Manager, City Attorney, City Treasurer, and other public officials who manage public investments who are required to file Statements of Economic Interests pursuant.to State law; 18-6887/188598 1 170 RESOLUTION NO. 2018-58 (b) Persons required to file Statements of Economic Interests pursuant to regulations which have been or may be adopted by the Fair Political Practices Commission; (c) Clerical,secretarial, manual,and ministerial employees. • SECTION 5. Disclosure Required. Designated officials and employees as set forth in Exhibit B shall file conflict of interest statements listing financial interests as required by the applicable Disclosure Category for their position set forth in the attached Exhibit"C." SECTION 6. Disqualification. Designated officials and employees must disqualify themselves from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any reportable interest of that employee. No designated employee shall be prevented from making or participating in the making of a decision to the extent his or her participating is legally required for the decision to be made. SECTION 7. Manner of Disqualification. A designated employee required to disqualify himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to the City Clerk who shall record the employee's disqualification. Upon receipt of such statement, the supervisor shall immediately reassign the matter to another employee. In the case of a designated employee who is a member of a City Board, Commission or Committee, notice of disqualification shall be given at the meeting during which consideration of the decision takes place and shall be made part of the official record of said Board, Commission, or Committee. The member shall then refrain from participating and shall attempt in no way to use his or her official position to influence any other person with respect to the matter. SECTION 8. Previous Resolutions Repealed. City Council Resolution 2014-64, 2016- 44 and any other Resolution or provision thereof in conflict herewith is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October , 2018. Mayor REVIEidy APPROVED: INITIA ED AND APPROVED: G . 111 City anag�r Assistant City Manager APPROV AS TO FORM: city Attorney AV 18-6887/188598 2 171 • Resolution 2018-58 Ex. A (Regulations of the Pair Political Practices Commission,Title 2, Division 6, California Code of Regulations) § 18730, Provisions of Conflict of Interest Codes, (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories In the Appendix referred to below constitute the adoption and promulgation of a conflict•of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for • terms of a conflict of interest code already in effect.A code so amended or adopted and promulgated requires the reporting of reportable Items In a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000,et seq .The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of Interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b)The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained In the Political Reform Act of 1974, regulations of the Fair Political Practices Commission(Regulations 18110, et seq.), and any amendments to the Actor regulations, are incorporated by reference into this conflict of interest code. (2)Section 2. Designated Employees, 172 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories, This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or If the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic erests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq . In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply; (A)The geographical jurisdiction-of this agency is the same as or is wholly included within'the jurisdiction of the other agency; (B)The disclosure assigned in the-code of the other agency-is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C)The filing officer is the same for both agencles.1 Such persons are covered.by this code for disqualification purposes only. With respect to all other designated employees,the disclosure categories set forth in the Appendix specify which kinds of economic Interests are reportable; Such a designated employee shall disclose in his or her statement of economic interests those economic Interests he or she has which are of the kind described in the disclosure categories to 173 which he or she is assigned In the Appendix.,It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4, Statements of Economic Interests; Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body In the agency's conflict of interest code.2 (5)Section 6, Statements of Economic Interests;Time of Filing, (A) Initial Statements.All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code,Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B)Assuming Office Statements.All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the - designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed, (C)Annual Statements.All designated employees shall file statements no later than April 1: if a person reports for military service as defined In the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days • following his•or her return to office, provided the person, or someone authorized to 174 represent the person's interests, notifies the filing officer In writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status. (ID) Leaving Office Statements.All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5)Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of Initial appointment, or within 30 days• of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making of, or use his or her position to Influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment, Such persons shall not file either an assuming or leaving office statement. (A)Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) Fife a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to Influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position, (6)Section 6: Contents of and Period Covered by Statements of Economic interests. 175 (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B)Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and Income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively, (C)Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302,6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving'office statements shall disclose reportable investments, interests in real property, income and business positions'held or received during the period between the closing dale of the•last statement filed and the date of leaving'office. (7)Section 7. Manner of Reporting. 176 Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1.A statement of the nature of the Investment or interest; 2. The name of the business entity in which each Investment is held, and a general description of the business activity in which the business.entity is engaged; 3. The'address or other precise location of the real property; 4.A statement whether the fair market value of the Investment or interest In real property equals or exceeds $2,000, exceeds$10,000, exceeds$100,000, or exceeds $1,000,000. (B) Personal income Disclosure.When personal Income is required to be rePorted,5'the statement shall contain: . t,The name and address of each source of income aggregating$500 or more in value, or$50 or more in value if the Income was a gift, and a general description of the business activity,.if any,of each source; 2.A statement whether the aggregate value of income from each source, or In the case of a loan, the highest amount owed to each source,was$1,000 or less, greater than $1,000, greater than$10,000, or greater than$100,000; 3.A description of the consideration,,if any, for which the Income was received; 177 • 4. in the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made;a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interestrate and the security, if any, given for the loan and the term of the loan. (C) Business Entity income Disclosure.When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1.The name, address, and a general description of the business activity of the business entity; 2.The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than$10,000. • (D) Business Position Disclosure. When business positions.are required to be reported, a designated employee shall list-the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E)Acquisition or Disposal During Reporting Period. in the case of an annual or leaving office statement,if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. 178 (8)Section 8. Prohibition on Receipt of Honoraria, (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept°any honorarium from any source, if the member or employee would be required to report the receipt of Income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions(a), (b), and (c) of Section 89501 shall apply to the prohibitions in • this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89508: (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$440. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $440 In a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or,her statement of economic interests. This section shall pot apply to any part-time member of the governing board of any public Institution of higher education, unless the member is also an elected official. Subdivisions(e), (f), and(g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials, 179 (A) No elected officer of a state or local government agency shall,from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control, (9) No public official who is exempt from the state chill service system pursuant to subdivisions(c), (d), (e), (f), and(g)of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan frorri any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control, This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.. (C) No elected officer of a state or local government agency shall,from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control,This subdivision shall riot apply to loans made by " banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's reguiar"course of business on terms available to members of the public without regard to the elected officer's official status, (D) Nq public official who is exempt from the state civil service system pursuant to subdivisions f c),(d), (e), (f), and(g) of Section 4 of Article VII of the Constitution shall, 180 while he or she holds office, receive a persona! loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created In the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status,This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E)This section shall not apply to the following; 1. Loans made to the campaign committee of an elected officer or candidate for elective office, 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,brother, sister, parent-in-law, brother-in-law, sister-in-law,nephew, niece, aunt, uncle,or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars($500)at any given time. 4. Loans made, or offered in writing, before January f, 1998. (8.3) Section 8.3, Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government•agency shall, from the date of his or her election to office through the date 181 he or she vacates office,receive a personal loan of$500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan,term of the loan,date or.dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B)This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. - 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-In-law, brother-in-iaw, sister-In-law, nephew, niece, aunt, uncle., or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing In this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4)Section 8.4. Personal Loans. (A) Except as set forth In subdivision (B), a personal loan received by any designated-employee shall become a gift to the designated employee for the purposes of this section in the following circumstances; 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing art action for default has expired. 2. If the loan has no defined date or dates.for repayment,when one year has elapsed from the later of the following; 182 a The date the loan was made, b.The date'the last payment of$100 or more was made on the loan, c.The date upon which the debtor has made payments on the loan aggregating' to less than $250 during the previous 12 months. (B)This section shall not apply to the following types of loans: 1.'A loan made to the campaign committee of an elected officer or a candidate for elective office. 2.A loan that would otherwise not be a gift as defined in this title. 3.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due, 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations,has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations, 5.A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing In this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9)Section 9. Disqualification. No designated employee shall make, participate in making, or In anyway attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will'have a reasonably foreseeable 183 material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A)Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (13)Any real property in which the designated employee has a direct or indirect interest worth$2,000 or more; (C)Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course ofbusiness an terms available to the public without regard to official status,aggregating$500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D)Any business entity In which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E)Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating$440 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision Is made. (9.3)Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made.The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5)Section 9,5.Disqualification of State Officers and Employees. 184 In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract•where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has,within 12 months prior to the time when the official action Is to be taken: (A)Engaged In a•business transaction or transactions on terms not•available to members of the public, regarding any Investment or Interest in real property; or (B) Engaged in a businessiransaction•or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of.Disqualifying interest, When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying Interest. (11)Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this cede may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the,agency to issue any formal•or informal opinion. • (12)Section 12.Violations. 185 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014, In addition, a decision in relation to which a violation•of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable Interests in both jurisdictions, and file copies of this expandad statement with both entities in'lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only(not disqualifcation), an interest In real property does not include the principal residence of the filer, 4 investments and interests in real property which have a fair market value of less than $2,000 are not Investments and interests in real property within the meaning.of the Political Reform Act.However, investments or interests in real property of an Individual include those held by the Individual's spouse and dependent children es well as a pro rata share of any investment or interest in real property of any business entity or trust in 186 which the individual, spouse and dependent children own, in the aggregate, a direct: Indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property Interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 income of a business entity Cs reportable If the direct, indirect or beneficial interest of the filer and the filer's spouse In the business entity aggregates a 10 percent or greater Interest. In addition,the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note:Authority cited:Section 83112, Government Code, Reference; Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14), Certificate of Compliance included. 2. Editorial correction(Register 80, No. 29), 3. Amendment of subsection (b) filed 1-9.81; effective thirtieth day thereafter (Register 81, No, 2). 4,Amendment of subsection (b)(7)(B)1.filed 1-26-83; effective thirtieth day thereafter (Register 83, No, 5). 6,Amendment of subsection (b)(7)(A)filed 11-10.83; effective thirtieth day thereafter (Register 83, No.46). • 6,Amendment filed 4-13-87;operative 5-13-87 (Register 87, No, 16). 187 7. Amendment of subsection(b)filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8.Amendment of subsections (b)(8)(A)and(b)(8)(6)and numerous editorial changes filed 8-28-90; operative 9-27-90(Reg. 90, No. 42), 9,Amendment of subsections(b)(3), (b)(8)and renumbering of following subsections and amendment of Note filed 8-7-92;operative 9-7-92 (Register 92, No. 32), 10.Amendment of subsection (b)(5,5) and new subsections (b)(5.5)(A)-(A)(2)filed 2-4-93;operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1., section 100, California Code of Regulations(Register 93, No. 48).Approved by Fair Political Practices • Commission 9-21-'93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62,section 55100 filed 1-4-94 pursuant to title 1, section 100,California Code of Regulations (Register 94, No. 1), 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14.Amendment of subsection (b)(8),designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(8), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11), 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). . • 188 16.Amendment of subsections(b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection(b)(12)flied 10-23.96; operative 10-23.96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17,Amendment of subsections (b)(8,1)and (9)(E)filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 16). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C)and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)(Register 98, No. 35). 19. Editorial correction of subsection(a)(Register 98, No. 47). 20. Amendment of subsections (b)(8,1), (b)(8.1)(A) and (b)(9)(E)filed 6-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No,20). 21.Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E)filed 12-6-2400; operative.1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22.Amendment of subsections (b)(3)and(b)(10)flied 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair-Political Practices Commission v. Office of . Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, . nonpublished decision, April 27, 1992 (FPRC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23.Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8,2)(E)3„ (b)(9)(A)-(C)and footnote 4.filed 2-13-2001,Submitted to OAL for filing pursuant to Fair Political• Practices Commission v, Office of Administrative Law, 3 Civil C010924;California Court 189 of Appeal, Third Appellate District, nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7), 24. Amendment of subsections(b)(8.1)-(b)(8.1)(A)filed 1-16-2003; operative 1-1-2003. Submitted to DAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No.3). 25. Editorial correction of History 24(Register 2003;No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9,5)(B) (Register.2004, No;33). 27. Amendment of subsections(b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E)and (b)(11)-(12)filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No, 1). 28, Amendment of subsection(b)(7)(A)4.flied 10-11-2005; operative 11-10-2005 (Register 2005, No, 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and(b)(9)(E)filed 12-18-2006; operative 1-1-2007. Submitted to CAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District, nonpublished.declsion,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulernaking requirements) (Register 2006, No. 51). • 190 • 30.Amendment of subsections(b)(8.1)-(b)(8.1)(A) and(b)(9)(E)filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No.44). 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District, nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). 32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-(b)(8.1)(A)and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to•OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District, nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by CAL)(Register 2013, No.2), 191 Resolution 2018-58 EXHIBIT B DESIGNATED OFFICIALS AND EMPLOYEES WITH DISCLOSURE CATEGORIES Job Type Description Category 0089 Admin Analyst Senior . . 3 0025 Administrative Analyst 5 0078 Assistant City Attorney 1 0132 Assistant City Clerk 1 0592 Assistant City Manager 1 0595 Assistant Fire Marshal 4 0057 Assistant to the City Manager 1 0044 Beach Operations Supervisor 3,4 0064 Budget Analyst Senior 3 0598 Building Manager 1 0112 Buyer 2 0593 Chief Asst City Attorney 1 0518 Chief Financial Officer 1, 0479 Chief Information Officer 1 ' 0016 City Attorney 1 0017 City Clerk 1 0024 City Engineer 1 0591 City Manager 1 0018 City Treasurer 1 0125 Code Enforcement Supervisor 2 0589 Community Development Director 1 0471 Community Relations Officer 2,3 0353 Community Services Manager 1 0258 Community srvcs Rec Supv 3 , 0097 Construction Manager 2 0085 Contract Administrator 3,4, 5,6 0081 Deputy City Attorney I 3,5, 6 0080 Deputy City Attorney II 3,5,6 0079 Deputy City Attorney ill 3,5,6 0699 Deputy Community Prosecutor 3,5,6 0840 Deputy Dir of Community Development 1 0571 Deputy Dir of Econ Development 1 0486 Detention Administrator 3, 4 0014 Director of Community Services 1 0574 Director of Human Resources 1 0007 Director of Library Services 1 0010 Director of Public Works 1 • 0039 •Econ Development Pro) Mgr 4,5 0580 Energy Project Manager 4,5 0050 Facilities Maint Supervisor 3,4 0879 Finance Manager-Accounting 1 0889 Finance Manager-Budget 1 18-6887/188602 192 0899 Finance Manager- Fiscal Services 1 0869 Finance Manager-Treasury 1. 0031 Fire Battalion Chief 4 0015 Fire Chief 1 0026 Fire Division Chief 1 •0131 Fire Medical Coordinator 2 0590 Fleet Operations Supervisor 3,4 0581 General Services Manager 1 0006 Human Resources Manager 1 0499 Senior Information Technology Analyst 3,4 0489 Information Tech Manager-Infrastructure 1 0200 Information Tech Manager-Operations 1 0500 Information Tech Manager-Systems 1 0075 Inspection Manager 1 0073 Inspection Supervisor 3,4 0049 Landscape Maint Supervisor 3,4 0572 Liability Claims Coordinator 6 0030 Maintenance Operations Mgr 1 0032 Marine Safety Division Chief 1 0105 Marine Safety Lieutenant 3,4 0490 Network Systems Administrator 2 0209 Permit& Plan Check Supervisor 3,4 0453 Personnel Analyst 3,6 0060 Personnel Analyst Principal 3,6 0464 Personnel Analyst Senior 3,6 0444 Planning Manager 1 0625 Police Admin Div Srvcs Manager 1 0233 Police Captain 1 0011 Police Chief 1 0022 Police Communications Manager 3,4 0234 Police Lieutenant 3,4 0094 Police Records Administrator 3, 4 0096 Principal Civil Engineer 3, 4 0072 Principal Electrical Inspector 3,4 0076 Principal Inspector Plb/Mech 3,4 0482 Principal Librarian - 3 0579 Project Manager 3 0839 Real Estate&Project Manager 2, 5 0054 Risk Manager 1 0110 Senior Accountant 3 0069 Senior Civil Engineer 2,4 0484 Senior Deputy City Attorney 2 0868 Sehior Finance Analyst • 3 , 0036 Senior Planner 2,4 0579 Senior Risk Management Analyst ' 3,6 0575 Senior Supv Cultural Affairs 3,4 0578 Senior Supv Human Services 3,4 0034 Senior Traffic Engineer 2,4 18-6887/188602 , 193 • 0457 Special Events Coordinator 2 0488 Street Maint Supervisor 3,4 0133 Supv Parking/Camping Facility 3,4 0333 Senior Trial Counsel 3 0033 Transportation Manager 1 0051 • Tree Maintenance Supervisor 3,4 0483 Utilities Manager 1 0487 Wastewater Supervisor 3,4 0052 Water Distribution Supervisor 3,4 0053 Water Production Supervisor 3,4 0056 Water Quality Supervisor 3,4 BOARDS,COMMISSIONS,AND COMMITTEES City Council 1 Visit Huntington Beach 1 Design Review Board 1 • Planning Commission 1 Citizens Infrastructure Board 1 Finance Commission 1 CONSULTANTS Consultants shall be included in the list of designated officials and employees in Disclosure Category 1 and shall disclose such interests subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a•"designated position,"is hired to perform a range of duties that is limited • in scope and thus is not required to fully comply with the disclosure requirements described above. Such written determination shall include a description of . Consultant's duties and,based upon that description,a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. • 18-6887/188602 194 • Resolution 2 018-58 C City o-fEttattinigton Beech CoofHet of Interest Code Disciosire Categories Disclaszrre Category 11 goad t'esponsibilitfe%thxll fzstslosu re Perseus in this category shall disclose all applicable investments, business position and. sokircas s l'income,including gifts,loans and travel payments. Persona in-this category shall_further disclose applicable interests real property Located in the City,including property located within a two mile radius ofthe City or of any property owned or uedby the City. Disclosure Category 2; Cif}'`tvidePtZrchasing Responsibilities Persons hi-this category shall disclose all applicable investments, business positions,and income,including loans and gifts,from.sources which provide services, supplies, materials,machinery,or equipment of the type utilized by the City,` Disclosure Cutout:7 3: D epartm ent/Divisi ParchasingitesponsibirttieS PGrsQDs hi this category shall disclose all applicable investments,business positions, and inco>_no,including loans Oils,from sources which provide services, supplies, materials,machinery, or equipment of the type utilized by the designated employee's d epa.rtmerrf or division, Disclosure CA teaory 4: Regulatory Power Persai s in this category shall disclose all applicable investments, business positions,and ltrcoma,inei►xding loam and as,from any slice which is subject to the regulatory; permit, or licensing authority of the designated employee's departrnent or division. Disclosure Catebr„a +: Decision-Making Authority Affecting Rent Property Persons in this category shall disclose all applicable investments,business positions, and income, i eliding loans and gifts,from souunes which engage in land development, ebns(iuetian,or the acquisition.or sale of real property,Persons in.this category shall fui hex disclose ahl interests in real property.located in(lie City, and within a two mile radius of the City or bf any property owned or used by the city. Disclosure Category 61, Decision-leaking Authority Affecting Claims andtor Ixts>rran cc .14--4324/i12105 1 195 Persons in this category shall disclose all applicable investments,business positions,and income including loans and gifts, f romr A) Persons ox entities Well provide services, supplies,materials,macf .rc.ry or equipmcnt of the type utilized by the City. Business positions in.business entities that manufacture, sell, supply, or promote personnel training materials or that offer personnel consulting services, and that do business,or expect to do businf-so, within the City. B) •Entities which are engaged in.the business of insurance including,bidnot limited to,insurance companies,carriers, holding companies,under'v .tern,brokers, solicitors, agents,adjusters,clairm managers and actuaries, C) liranolal in stituti on's including, but not Emitted to,banks, savings and-loan associations and credit unions, b) Entities or persons who have filed a oWm,or have a chin pending,against the City which is reviewed by the designated employee's department or division. $) Income received tomin estments in,and business positions in business entities that offer, sell,or service group'medical insurance,group Life insurance,group dental insuraaeo,pension plans, or that make investments or any way manage fund's relating thereto, and that do business, or expect to do business,within;the City, Disclosure Categasy 7: Thvestnieat Xl.esPonsii�iliti Persons in this category shall disclose all applicable investments,business positions,and income,including loans and gifts,from financial instltatior s doing business w,,th or eligible to do business with the City. ' fTr,Mons •1Applieable investments"relates to investments hb1dby the designated employee, spouse and dependent r:hildrenwith an.aggregate value of$2,000 or pore located or doing business in the jurisdiction,It includes investments held by a business entity ox trust it whisk the designated employee,spouse and dependent children have au aggregate inkiest of 1.0%or greater. "Applicable business pasitim t&' relates to positions in which the designated.employee. was a director, ofCicer,partner,trustee,employee•or held any position of management during the period covered-by the report, even.if the designated employee received no income from the business entity during the period, "Applicable incauief t includes the designated.employee's gross income(including loans) ,and the employee's community property interest in his or her spouse's gross incomq aggrogating$500 or more received.front any source located in or doing business in the juzisdiction.Please note that loans are r-eported on a-separate schedule. 14-45-24I112105 2 196 "kpplieable gift"includes anything of value for which the designated employee has not provided equal or greater cornsiderationto the donor,A gift is reportable If its pair market value is$50 or more,In addition,multiple gifts aggregating$50 or more received during the reporting period from a single source must be reported.tfn[ess otherwise expressly limited in theDisclosure Categories,gibs are reportable without regard to where the donor Is located, �r,�pp ble interest in real property"Includes those located in the jurisdictlon iu which the employee,spouse, or dependent cbildretl had a direct indirect,or beneficial interest aggregating$2;000 or more any time during the reporting period.The employee is not required to report-a resid aloe.used exclusively as personal r'esidenre. "J irisdietionr"means the City of I-1u0Engton B each,Real property is cleemedd to be ►wi.t.in the jurisdiction"if thepnoperty or any part elf is located in or within two miles of the boundaries of the City or any property oWAed orused by the City,unless s,smaller_ area is specified In the D iselosure Category. 14-43241112I05 3 197 Res. No. 2018-58 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 15, 2018 by the following vote: AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden NOES: None ABSENT: None RECUSE: None Q .4t) City Clerk.and ex-officio Clerk of the City Council of the City of Huntington Beach, California 198 '-'"'".'2,-7-,!--2,Allhiq.r.'7,2g,,,,,,,,,,,,,,,,,„„„...„„........ --""'..-•••.. - .,,,,:„ ",,,,,,„,.,,,,,,,,,,,Igopr,00,„4„,..„.„:„,:„:„,„„„.,,,,„,,,,„,,,,,,,:„,,,,,,,,,,I,,,„,„,,••,„„,,„„:.,-.;„":„.,,":„.,::.,:::..":„.„„„,_. :,,„,„, , ,.,, , : ,.:::.......„,:.,","""„„,,,,.„.,:„:„.„ ---- „.,„-„,:„,- . . ... ...„„„..,_ .,,,. ,,, _.....„,,,„E„,:,,:,,„___. ,.,.:,,,,,.. , • ,_ .-„,1,,„,„,„,,,, 1,,,,....„..0, ..„-ii":7' --,,,,,!!!,,,,,,----: :,,,,,-::„,„ ,„,„-,___„,„„,-„,,,,, ,,, , - ,.:„,„,,,,,,,,„„„„„„.„,,,„„„„:„._ _, ,,„„,,,,..,,,,,•„,,,.„„„„....„„„:„._ , ! ''';',,,,,,,--- ,.---- , . . .: —. .:....„„,!,..,,,,„:„,. - I ' I (4-'11113 Oil ' ". ' ,'''.4 el 13 IF7--r,..:::-1,.,„=g;:"-'-:-,1,,,,,ifitk,:-.,411111: .,,.... ,..,:, ., ..,,,, 4, _ ,ij,,,,,„,„!„:„:,,,„„7,,,,,,1:-,,,,,,,,,,,,,,,,,,,,I,,,,,,,,..,,,„„,,,,s.i.,„,,.,.,,,,,,,,..,,,ii„..,-„,0„„.„„,,,,„,,.,„„.„..:•• .„.„.,::;:ii:,-...,•,:,,,,,,,,,,,:i,,,,,,,,,, !:.,,,11.- -------'---------::' .. ..::.' -----2,,,,,,::::,,,,,,,,,,,,i41:.*Xillgtiltilltroilt7.!'!:1:.3:,-,..‘,,,,,,S:„;.--,;61441,7,1:::..,:ii:::",,i,--:t,11447,i77.1.4,k1;:iiiii.,,,,,:.:.;,.,.,..;,-,.::',:,,,'.1...:.,,,,L.i4-i.,:.i:i',-;,:::.'',,i,::'104'.L,,-..-iii/7zo.dm!Eal-,:1.1.!!'111,,,L,':::„,:,,,,„:„.............-1...1-j-1.111',11,1,]-,.i.:,:-',..!,41.,i'..isj:1--.,,,--i-:,:r'i;.:,-:..-4:- ...::,:,1.,',;,;,-i.i,A,,,,,Ii:11171:1's-',1::„.i...,'i.,'1:'1,';'..,1'..,;::-,..,,,,...,,,-11.-11.-..'•11'1:1,!:',,':,' ' ,--n-- e: a M ....p' '' ''' '' - :- 0. 199 CONFLICT OF INTEREST MA Holding Page 200 , ec.,, • , a a] Ies for end Jonea ia 201 General Rules for Gifts and Honoraria' $10 Lobbyist Gift Limit: Elected officials, including members of the legislature, and legislative employees may not accept a gift or gifts totaling more than $10 in a calendar month from any individual who is registered as a lobbyist under state law.The $10 limit also applies to gifts received by officials and employees of state agencies if their agency is listed on the registration statement of the lobbyist's employer or firm. $500 Gift Limit (Effective January 1, 2019 - December 31, 2020): State and local officials and employees are prohibited from receiving a gift or gifts totaling more than $500 in a calendar year from certain sources. For elected state officials and many others, the prohibition is applicable to gifts from any source, although there are exceptions (for example, gifts from family members). For state and local officials and employees who file Statements of Economic Interests (Form 700s) under an agency's conflict of interest code, the gift limit is applicable only to individuals and entities that would have to be disclosed on the Form 700. This gift limit is adjusted for inflation every odd-numbered year. (Note: Judges are not subject to the Act's gift prohibitions, but are covered by the Code of Civil Procedure.) Honoraria: An honorarium is a payment received for making a speech, publishing an article or attending any public or private conference, convention, meeting, social event, meal or similar gathering. State and local elected officers and candidates for those offices and all officials holding positions listed in Government Code Section 87200 are prohibited from receiving honoraria payments. Likewise, an employee designated under a state or local government agency's conflict of interest code is prohibited from receiving honoraria payments from any source of gifts or income the employee is required to report on his or her Statement of Economic Interests (Form 700). Some limited exceptions apply, such as income earned from a bona fide business or profession. Exceptions for Travel: Certain payments for travel are excluded from the gift limits and honoraria prohibition. Refer to the City's travel reimbursement policy guidelines. Loan Restrictions: Public officials who are required to file Statements of Economic Interests (Form 700s) or who are exempt employees may not receive any personal loan aggregating more than $250 from an official, employee, or consultant of, or from anyone who contracts with, their governmental agencies. In addition, elected officials may not receive any personal loan aggregating more than $500 from a single lender unless certain terms of the loan are specified in writing. Under certain circumstances, a personal loan that is not being repaid or is being repaid below certain amounts may become a gift to the official who received it. 1 Retrieved from California Fair Political Practices Commission http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/gifts-and-honoraria.html. For more information, please refer to California Government Code Section 89503. 202 g,t a» :.. .. .. ''_' .6 -s r� r k'»t- 3�"a: .-,•-4F#.„' 7aaS u,F ,-a, ',": L. a: . tit:t41 I.III(II II!j 111 fl'.'I11II .. • i ,.. ' Secbi. i , b 0 11 a New *GHandMv b®€ k 203 New Mayor Protocol Handbook * The Mayor is the Presiding Officer of the City Council. * The Mayor may make and second motions and shall have both voice and vote in all Council proceedings. * The Mayor is the ceremonial head of the city and shall have the primary, but not exclusive, duty to interpret the policies, programs, and needs of city government to the people. * The Mayor may inform the people of any major change in policy or program, as necessary. * The Mayor may call special meetings of the City Council. * The Mayor may execute contracts on behalf of the city when the contracts have been approved by the City Council. * The Mayor shall serve in such capacity at the pleasure of the City Council.* City Charter Sections 303, 305, & 613 204 IMMEDIATE ITEMS FOR ACTION DAIS SEATING ASSIGNMENTS—Mid November 1. Mayor develops seating chart (based on input from other City Council Members) 2. Protocol has been the Mayor Pro Tern sits to the right of the Mayor and the Past Mayor sits to the left.The other seats are up to the Mayor and Councilmembers. 3. Final dais seating assignments will be relayed to the City Council Administrative Assistant and City Clerk. ARRANGEMENTS FOR OATH OF OFFICE MEETING - 1st Meeting in December 1. Meeting Festivities- Planned by Mayor a) Refreshments—Cake, punch, and coffee will be ordered by Administration in recognition of the incoming and outgoing Mayors (Mayor may provide their own cakes) b) Dinner- Usually a light meal is provided by Administration in Caucus Room (may not need) c) Guest Invitations - Handled by Mayor, as desired d) Meeting Time—Regular session begins at 6:00 PM (no study session) e) Council Agenda —may include closed sessions, objective is a light agenda 2. Meeting Agenda Order a) Meet with Community Relations Officer, City Council Administrative Assistant and City Clerk with outgoing Mayor to review specific agenda order of events for first meeting in December. • Incoming Mayor presents a special surfer statue (or other award) to the outgoing Mayor in appreciation of service • Outgoing Mayor presents a gavel and wooden box to the new Mayor • Gifts if the Mayor so chooses are presented by the outgoing Mayor, Council Members, elected officials (Clerk, Attorney&Treasurer) and City Manager • Outgoing Council Members given the opportunity to speak • Outgoing Mayor gives an end of term speech b) Incoming Mayor's Speech c) Meet with City Clerk regarding Robert's Rules, meeting protocol, etc. (optional) OFFICE ASSIGNMENTS 1. Relocation to Mayor's Office a) Personal items to be moved by Mayor b) Staff will assist in moving other items c) Notify City Council Administrative Assistant if furniture is to be moved 205 2. Assignment of City Council Offices a) Mayor coordinates office move with incoming Mayor b) Incoming Mayor coordinates office assignments with new City Council (as required). Historically, the Mayor is at the far end on the south side of the fourth floor; the Mayor Pro Tem is next to the Mayor (#6) and offices#4 & 5 are for councilmembers with more seniority.The offices on the north side of the floor (#1, 2, & 3) are for the newer Council Members. c) Notify City Council Administrative Assistant of new office assignments PARKING SPACE Public Works staff will change parking signs following the swearing-in ceremony, moving the immediate past Mayor to the end of the row of City Council parking spaces. This protocol is for the Mayor to have the first space, the Mayor Pro Tern the second and the remainder of the parking spaces to be assigned based on the anticipated succession to Mayor and Mayor Pro Tern as described in Resolution #6320. ASSIGNMENT OF CITY COUNCIL LIAISONS TO ADVISORY BODIES 1. The assignment of City Council Liaisons is conducted annually by the Mayor and is governed by Resolution 99-83 (adopted 10/4/99). A summary of the process is described below: a) In early November, the incoming Mayor distributes a memo asking that each City Council Member advise him/her on the Council liaison assignments that are of interest to them and for which they will be available. b) Council responses are to be submitted to the incoming Mayor about mid-November. c) Based on the requests received,the incoming Mayor will prepare a preliminary list of assignment. d) The Mayor's preliminary list of assignments will be distributed to all the City Council Members and the City Clerk at least one week prior to the City Council meeting at which the appointments are made. e) Appointments are approved at the 2nd City Council Meeting in December (see current Council Liaison List, attached). 2. In considering these assignments, it should be noted that the Mayor and Mayor Pro Tern are assigned to the following bodies as prescribed by originating documents: a) The Mayor or their designee represents the city at the Orange County City Selection Committee meetings. b) The Mayor, Mayor Pro Tern, and most recent Past Mayor are the prescribed members of the Economic Development Committee and Downtown EDC. Additionally, the Mayor traditionally participates in the following bodies: c) Visit Huntington Beach d) League of California Cities—Orange County City Selection Committee 206 MAYORAL FUNCTIONS CITY COUNCIL MEETINGS 1. Presentation of Mayor's Award The purpose of the Mayor's Award is to recognize outstanding employee performance. Rotation: The award rotates between each of the city departments on a monthly basis and is presented at a City Council meeting (typically 2nd meeting of month).The only exception is the month of November when the Mayor recognizes staff members of their choice. 2. Presentations at City Council Meetings • Requests: All requests should be submitted to the Mayor in writing with a copy to the Community Relations Officer. Presentations may be requested by department heads, members of the community, or other City Council Members. All requests must be approved by the Mayor. • Schedule: Requests should be made a minimum of two weeks prior to the date of the City Council meeting and should include contact information for the recipient. • Confirmation of Presentation(s): The final review of presentations is conducted at Agenda Review (the Monday preceding the City Council meeting at 4:30 PM). • Presentation: The Mayor is responsible for presenting and receiving all awards at City Council meetings. The Mayor may invite other City Council Members and/or staff to participate with him/her as desired ONGOING MEETINGS 1. Attendance of Mayor/Mayor Pro Tern at Agenda Review Meeting The purpose of this meeting is to allow the City Manager to review the items scheduled for the next City Council meeting with the department heads prior to the printing of the final agenda. Questions regarding specific items or the order of the items may be discussed here. The Mayor and/or Mayor Pro Tem attend at their discretion. Schedule: The Monday prior to each City Council Meeting, B-8, 4:30 pm. 2. City Council Meeting Preparation with the City Manager The purpose of this meeting is to review the agenda packet materials with the City Manager prior to the City Council meeting. Schedule: Occurs sometime between Agenda Packet Delivery and the City Council Meeting depending on the Mayor's schedule (to be arranged with City Manager). 207 LEGISLATIVE POSITIONS The Intergovernmental Relations Committee (IRC) reviews recommendations from staff and other agencies on the need for the city to take a position on legislation pending before either the State or Federal governments. Recommendations of the IRC are taken to the City Council for approval. The Mayor is authorized to send letters stating the city position on the specified legislation on behalf of the city to the legislators. When legislation is moving quickly and requires decisive action, the chair of the IRC, with approval from the Mayor and the City Manager can take a position on behalf of the city. If the Mayor is unavailable, the Mayor Pro Tem can act on the Mayor's behalf. If the Mayor is a member of the IRC then the chair of the IRC and the Mayor Pro Tem, and the City Manager would make the decision. When neither the Mayor nor Mayor Pro Tern is available,the senior most member of the Council can act on their behalf. This position will subsequently be brought to the IRC and the City Council. The IRC is also responsible for preliminary review of the city's funding priorities and for working with State and Federal legislators and the city's lobbyists in seeking funding. To that end, the Mayor and/or the IRC chair may travel to Washington D.C. and Sacramento each year. CEREMONIAL FUNCTIONS Throughout the year, there are a number of ceremonial functions to attend. While the entire City Council is usually invited to most of these events,the public often anticipates the Mayor's presence as the ceremonial head of the city. Generally,there are three types of functions: • City Functions (i.e. opening of new city facilities and employee or volunteer award lunches, etc.) • Community Events (i.e. Miss. Huntington Beach Pageant, Chamber of Commerce Ribbon Cuttings, Boy Scout Eagle meetings, etc.) • Other Local, County, and Regional Agencies (Functions of the County or special district i.e. OCTA, etc.) 1. Mayoral Ceremonial Acceptance Protocol According to the City Charter, the Mayor is the ceremonial head of the city. Therefore,the Mayor traditionally represents the city at community events and functions. If the Mayor is not able to attend a particular function, the City Council's Administrative Assistant will utilize the following order in accepting the invitation: a) Mayor Pro Tem b) Immediate Past Mayor c) Remaining City Council Members as directed by the Mayor according to interest 208 2. Mayoral Ceremonial Absence Protocol If the Mayor accepts an invitation to any of these events, and later finds that he/she is unable to attend due to sickness or other reasons, staff will utilize the above protocol for identifying a replacement. The City Council Administrative Assistant will contact the organization hosting the event and notify them that the Mayor will be unable to attend due to extenuating circumstances. 3. Proclamations, Certificates of Recognition, &Commendations a) Purpose of Proclamations, Commendations, Recognitions: To recognize citizens, individuals, or organizations that have provided outstanding service to the community as leaders of charitable or business associations or are recognized in the community for outstanding achievements (i.e. Little League champions) b) Presentation of: Presented by the Mayor at a City Council Meeting, an off-site ceremony, or mailed c) Final Draft: Prepared by the Community Relations Officer prior to signature d) Signature: Mayor typically signs on behalf of the City Council. At times, the Mayor may request that the document be signed by the full City Council. RECOMMENDED INTERGOVERNMENTAL PARTICIPATION • League of California Cities—The Orange County Division of the Leagues holds monthly general membership (dinner) meetings. The Mayor and other Council Members have traditionally been active participants in these meetings as well as the League's committee structure. • The City Selection Committee (A Committee of the 34 Orange County Mayors) meets monthly in conjunction with the League dinners. This committee has responsibility for decisions relating to the county as a whole and makes appointments to powerful boards such as the South Coast Air Quality Management District (SCAQMD), the Orange County Transportation Authority (OCTA), and the Orange County Local Agency Formation Commission (LAFCO). It is very important for the Mayor or their designee to attend these meetings. TERM EXPIRATION ACTIVITIES • At Mayor's discretion, provide gifts to fellow City Council Members, City Treasurer, City Clerk, City Attorney, City Manager • Prepare outgoing "Accomplishments" Speech • Outgoing Mayor presents gavel to incoming Mayor Staff Contact: Community Relations Officer 209 MAYORAL ACTIVITIES FOR UPCOMING YEAR APPROVED BY CITY COUNCIL 1. Code of Ethics In January of each year,the City Council affirms the Council approved Code of Ethics (Code) for all elected officials, officers, employees and members of advisory boards, commissions, and committees. The current code requests that all employees and board/commission members sign an acknowledgement indicating that they received a copy. Specifically, the code states that it should be reviewed annually by the City Council, as well as by all employees, boards, commissions, and committees. The Mayor, City Manager, and chairpersons shall be responsible for accomplishing this review. Copies of the code, along with the acknowledgement form, will be sent to all department heads, and board/commission staff liaisons requesting that they review the code with their employees/members. EXISTING PRACTICES 1. Board Appreciation or Mayor's Reception An appreciation reception for the members of the City Council appointed board and commission members has been held in the past. If it is an informational meeting, staff will prepare the appropriate notices and publicize the meeting via a press release and directed mailings. This is optional and has been funded in the past by the City. 2. Meetings with Chairs of Advisory Boards(optional) Also at the discretion of the Mayor, meetings may be scheduled between the Mayor and the chairs of each of the city's advisory bodies. Some Mayors have opted to schedule individual/small group meetings with chairs and/or attend a regular meeting of each of the different citizen boards. If preferable, a round-table meeting can be scheduled with the chairs as a group. 3. Master Calendar of Events The calendar shown below highlights many of the annual events the Mayor and the City Council are invited to. The events denoted with an asterisk (*) mark some of the events in which the Mayor is often invited to address the audience. Other events may only require the Mayor to give an award or read a proclamation. The purpose of this draft calendar is to alert the Mayor to the number of events during the upcoming year. Jan: HB Chamber of Commerce Annual Dinner Annual Police Department Employee Awards Presentation Ceremony 210 Feb: Miss Huntington Beach Scholarship Pageant Surf City USA Marathon Washington DC trip to meet with Lobbyists Mar: Southeast Huntington Beach Neighborhood Association Annual General Meeting Chamber of Commerce Planning Conference Lifeguard Tryouts C.E.R.T,Training Class Sister City trip to Anjo, Japan (Not City funded) April: Council on Aging Senior Team (C.O.A.S.T)Volunteer Luncheon Youth in Government Day Annual Easter Egg Hunt/Kiwanis May: Library Volunteers Luncheon Annual Duck-A-Thon Memorial Day Service Soroptimist Awards Dinner June: Project Self-Sufficiency June Recognition Awards Literacy Volunteers of America Annual Meeting and Ice Cream Social Concours d'Elegance Annual Pier Swim; Junior Lifeguard Program opening day July: Fourth of July Parade &Activities Junior Lifeguard Annual Hot Dog BBQ Friends of Junior Lifeguard Annual Pancake Breakfast Aug: U.S. Open of Surfing Sept: Opening of Oktoberfest at Old World Village Council on Aging Senior Saturday League of Cities Annual Conference Patriot's Day Ceremony City's Green Expo OC Division of the League - Installation Oct: HB Chamber of Commerce Public Safety Awards Luncheon Annual Distance Derby Public Safety Awards Luncheon Interfaith Council Annual Procession of Lights Nov: Veteran's Day Ceremony Dec: Changing of the Mayor Annual Economic Conference 211 Holiday Tree Trimming Festivities In addition to these, there are other ongoing events. Some of these are also listed below. The Mayor should decide how he/she would like to respond to these invitations and advise the City Council Administrative Assistant. Other Ongoing Activities of Interest • Citizen's Police Academy Graduations (As needed— No regular schedule) • Cub Scouts Blue and Gold Dinners • Eagle Scouts Courts of Honor • Kiwanis Meetings • Rotary Meetings • Requests for Lunch with the Mayor as a Raffle Prize for Charitable Organizations (Mayor should advise City Council Administrative Assistant on the number of guests they will pay for) OFFICE HOURS It is recommended that regular office hours be established. This assists staff in scheduling meetings without the need to contact the Mayor each time a meeting is required. Consideration should also be given to scheduling a weekly block of time that may be used to meet with the public or review documents. RESPONDING TO CITIZEN INQUIRIES Citizen inquiries are processed through the MyHB online content management system. RESPONDING TO REQUESTS FOR MEETINGS BY CITIZENS The following process is currently followed when citizens request meetings with the Mayor and City Council. 1. Before scheduling a meeting, Administrative staff advises citizen of other available options, such as: a) Sending a letter explaining the nature of the issue b) Speaking directly to the appropriate department staff If this is not satisfactory to the resident, a meeting is scheduled. The City Council's Administrative Assistant is directed to notify the department head of the meeting and schedule the appropriate staff to meet with the resident. Note: Meetings are not scheduled if the issue involves matters in litigation, when a claim has been filed against the city, or when a traffic citation has been issued. 212 SIGNATURE PROTOCOL 1. 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No. 2019-09 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 March 18, 2019 by the following vote: AYES: Carr, Semeta, Peterson, Posey, Hardy NOES: None ABSENT: Brenden, Delgleize RECUSE: None e41461) 9-4/44/44,444) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 4330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A COUNCIL MANUAL BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby adopt a Council Manual, which manual is attached hereto and by this reference made a part hereof. Future amendments to the Council Manual shall be by resolution of the City Council which shall relate only to the sections amended. Resolutions No. 1463, 2539 , 3164, 3306, 3664 and 4227 are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September , 1976 . - A 11/4 do etLja,,„40.04a Mayor ATTEST: APPROVED AS TO FORM: < Jr City Clerk ity o ppir APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: W/L-'2-4*LQ- .) Mayor 221 Res. No. 4330 STATE OF CALIFORNIA ) COUNTY .OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex--officio Clerk of the City Council of said City, do hereby certify that the whole number of members:of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th . day of September. , 19 76 , by the following vote: AYES: Councilmen: Bartlett,.Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: None Cam/ City Clerk and ex-officio Clerk of the City Council of, the City of Huntington Beach, California 111 222 t_ COUNCIL MANUAL TABLE OF CONTENTS Chapter 1.01, CITY COUNCIL Sections : 1.01.01 Rules of Office of councilpersons 1.01.02 Vacancies 1.01.03 Attendance 1.01.04 Duties of the City Council 1.01.05 Duties of the.Mayor 1.01. 06 Duties of the Mayor Pro Tempore 1.01. 07 Compensation of councilpersons Chapter 1.02, CODE OF ETHICS Sections : 1. 02. 01 Purpose of code 1. 02. 02 Definition 1.02.03 Responsibilities of public office 1.02.04 Dedicated service 1. 02..05 Fair and equal treatment--Unilateral communications 1.02.06 Standards of conduct Chapter 1.03., COUNCIL MEETING Sections : 1.03.01 Agenda 1.03.02 Time andplace of council meeting Chapter 1. 04, PARLIAMENTARY PROCEDURE Sections : . 1.04.01 Roberts Rules of Order Revised 1.04. 02 Parliamentarian • 1.0.4.03 Motions 1 .04. 04 Vote required---Nonemergency 1.04.05 Emergency ordinances 1.04.06 Adoption of ordinances 223 v RESOLUTION NO. 43 ti S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A .COUNCIL MANUAL • BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby adopt a .Council Manual, which manual is attached hereto and- by this reference made a part -hereof. Future amendments to the Council Manual shall be by resolution of the City Council which shall relate only to the . sections amended. Resolutions No. 1463, 2539 , 3164, 3306, 3664 and 4227 are hereby repealed. - .PASSED AND ADOPTED' by the City Council - of- the City of Huntington Beach at a regular meeting thereof held on the 7th day of September , 1976. Mayor ATTEST: r APPROVED AS TO FORM /77 z,„ er . - 1 fOr City Clerk ity o • APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: L Mayor • • 224 I Chapter 1. 04, PARLIAMENTARY PROCEDURE contd. Sections : 1.04. 07 Reading of ordinances and resolutions 1.04. 08 Alteration of ordinance after introduction 1.04.09 Repeal of resolutions and ordinances 1.04. 10 Orders for payment of money 1. 04.11 The vote 1.04. 12 Division of question ( "split vote") 1. 04. 13 Tie votes 1.04.14 Nomination and election 1.04.15 Rights of Mayor 1. 04.16 Quorum 1.04. 17 Ralph M. Brown. Act 1 .04.18 Fines , penalties and franchises 1.04. 19 Other actions 1.04.20 When minute action.is a resolution 1.04. 21 Minute actions 1.04. 22 Motion to rescind 1.04.23 Motion to reconsider 1.04. 24 Vote required on appellate matters 1.04. 25 Appointments to boards and commissions Chapter 1.05, ROLE OF THE CITY ADMINISTRATOR Sections: 1.05 .01 Appointment and removal 1.05 .02 . Compensation and residence 1.05.03 Duties 1. 05.04 Meetings 1.05.05 Noninterference with administrative service 1.05.06 Acting city administrator Chapter 1.06 , ROLE OF THE CITY ATTORNEY Sections : 1.06,01 Term 1.06.02 Powers and duties 1.06.03 Requests for ordinances and resolutions Chapter 1.07, ROLE OF THE CITY TREASURER . Sections : 1.07. 01 Term 1.07.02 Powers and duties ii 225 Ilk • TABLE OFF CONTENTS TO APPENDIX TO COUNCIL MANUAL TITLE PAGE NO. Resolution No. 4311, Budget Control 1 Motion to Reconsider 5 Removal of Members of Boards and Commissions 7 Expiration of Terms of Members,of the Recreation and Parks- Commission 9 City Attorney Opinion No . 73-42 10 Parliamentary Procedure---Script for Mayor 12 Ralph M. Brown Act • 15 City Reimbursement for Expenses of Councilperson's Spouse, Memo 39 NIMLO Letter Re City Reimbursement for Expenses of Councilperson' s Spouse . • 40 City Council/Department Head Retreat--Brown Act , City Attorney Opinion No . 76--40 • 42 Procedure for Handling Executive Sessions of City • Council, Letter . 48 Resolution No. 4283, Conflict of Interest Code. 50 • 226 f t i J Chapter 1.01 CITY COUNCIL 1.01.01 Rules of Office of Councilpersons . The Huntington Beach City Council is comprised of seven (7) members elected from the city at large to fill a term of four (4) years. Elec- tion of City Council members is divided into two (2) cyles. Four (4) Council members are elected at one general municipal elec- tion, followed in two (2) years by another general municipal election where three (3) members are elected, and so forth. The term of a City Council member begins on the first Monday after election and any tie in voting should be decided by casting lots. (Charter §500) 1.01.02 Vacancies . A vacancy in the City Council for whatever, reason shall be filled by appointment of the City Council; thereafter, at the next municipal election at which it is possible to place the matter on the ballot, the position will be filled for the unexpired term, if any. (Charter §503) 1. 0143 Attendance. If a City Council member absents himself from all regular meetings of the City Council for thirty (30) consecutive days after the last regular meeting the member attended, without the permission of the City Council, or is con- victed of a crime involving moral turpitude, or ceases to be an elector of the city, the City . Council shall declare his office vacant. In the event the City Council fails to fill the seat. by appointment within sixty (60) days , the City Council shall cause an election to be held to fulfill the unexpired term. (Charter §503) 1. 01.0.4 Duties of the City Council. All powers of the city shall be vested in the City Council except as otherwise provided in the city Charter. (Charter §505) The duties of the City Council include., but are not limited to: (a) Holding regular meetings at least twice per month at such time as shall be fixed by ordinance (Charter §506) which is 7 p .m. on the first and third Mondays of each month in the Council chambers except where a meeting falls on a holiday then it is to be held on the following day. (Resolution No. 4161) (b) Calling special meetings by a majority of the City Council. (Charter §507) 1. 227 (c) Administering oaths and affirmations in any in- vestigation or proceeding pending before the Council, to compel attendance of witnesses , to examine them under oath and to compel the production of evidence. (Charter §509) - (d) Adopt ordinances and resolutions. (Charter §51I) (e) Approving city contracts or authorizing the City • Administrator so to bind the city. (Charter§518) (f) By ordinance or resolution providing for the sale or exchange of personal property not needed in city service, or not fit for its intended purpose. (Charter §518) . (g) Appointing the City Administrator and setting his com- pensation. (Charter §603) (h) Removing the City Administrator by majority vote ex- cept during or within ninety (90) days of a municipal election. (Charter §606) (i) Refraining from interference with the administrative service; except for the purpose of inquiry, the City Council must deal with the administrative service through the City . Administrator. (Charter §607) (f) Providing by ordinance or resolution for the organi111 - zation, conduct and operation of the various offices and de- partments of the city . (Charter §702) . (k) Controlling all legal business of the city. (Charter §703) (I) Designating depositories for city funds. (Charter §705) '(m) Fixing by ordinance or resolution amounts and terms of official bonds of all officials or employees. (Charter §712) (n) Refraining from accepting other elective office while an elective officer of the city and, if done, the Council member will be deemed to have vacated his office. (Charter §710) (o) Refraining from having any financial interest in any transaction of the city. (Charter §709) (p) Refraining from engaging in nepotism. . (Charter §711) (q) Appointing to and creating the various boards .and com- missions of the city and providing for their funding in the city budget. (Charter §§800, 801, 802) • . 2. 228 • o . r Ilk (r) Establishing by ordinance a comprehensive personnel system. (Charter §1000) (s) After public iearings, reviewing, considering and adopt- the annual budget of the city. (Charter §§1202, 1203, 1204) At any subsequent meeting after adoption, the City Council . may amend or supplement the budget . (Charter §1205) (t) Adopting by ordinance a centralized purchasing system. (Charter §1206) (u) Refraining from levying a property tax for municipal purposes in excess of One Dollar ($1) on each One Hundred Dollars ($100) of assessed value of property within the city without voter authorization. (Charter §1207) (v) Establishing by ordinance the procedure for assess- ment, levy and collection of taxes upon property within the city. (Charter §1208) (w) Establishing by ordinance procedure for the issuance of revenue bonds. (Charter §1209) (x) Establishing a contingency fund for the purpose of placing the payment. of running expenses of the city on a cash basis . (Charter §1212) Establishing a capital outlay fund and such other funds by ordinance for special capital outlay pur- poses . (Charter §1213) The City Council may transfer to any such fund any unemcumbered surplus funds on hand at any time. (Charter §1213) The City Council may by ordinance establish' the' Treasurer'.s departmental trust fund for the collections and deposits of the police, license, building and other departments ' deposits . (Charter §1214) The City Council may by ordinance establish any other funds not inconsistent with city Charter provisions . (Charter §1215) (y) Accepting and rejecting all claims against the city. (Charter §1216) The City Clerk is authorized to act on behalf of the City Council in rejecting for insufficiency or denying claims filed against the city pursuant to Government Code §§900 et seq. (Resolution No. 4051, 7 Apr 75) (z) . Providing for an independent audit of the city each fiscal year. (Charter §1219) (aa) Granting franchises for public services after public hearings , when appropriate. (Charter §1400) 1.01.05. Duties of the Mayor. On the first Monday after 3. 229 any municipal election where a Council member is elected and at any time where there is a vacancy in the office, of Mayor, the City Council shall meet and elect one of its members Mayor. The Mayor is the ceremonial head of the city and shall have the primary, but not exclusive, duty to interpret the policies ; programs and needs of city government to the people. The Mayor may make and second motions and shall have both voice and vote in all Council proceedings . The Mayor serves at the pleasure of the City Council. (Charter §504) The Mayor may call special meetings of the City Council. (Charter §518) The Mayor may execute contracts on behalf of the city . (Charter §518) Where the Mayor,. Mayor Pro Tempore and City Clerk are absent from the city, all papers and documents required to be executed by them may be executed by facsimile signature . (Resolution No. 3200, 3 Aug 70) 1. 01.06 Duties of Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or dis- ability. 1.01. 07 Compensation of Councilpersons . For their sery ice to the city, Councilpersons shall receive the sum of $125 monthly for ordinary and routine expenses, and in addition to such sum, shall receive reimbursement for council-authorized travel and other expenses provided an itemized account is first submitted for such reimbursement, and is approved by the Council at the first regular meeting of the month following the iionth during which such expense was incurred. Councilpersons shall also receive all fringe benefits granted to department heads of the city, and such fringe bene- fits shall be included in the annual budget . (Ordinance No . 2079 , 18 Aug 76) Chapter 1. 02 CODE OF ETHICS ` . 1. 02.01 Purpose of code. The proper operation of demo- cratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this code is to establish ethical standards of 4. 230 7 1 conduct for all such officials . 1 .02. 02 Definition. The municipal officials and em- ployees of the City of Huntington Beach, whether elected or appointed, are "public officials and employees" within the meaning of this code. 1.02. 03 Responsibilities of public office. (a) Public officials and employees are bound to ob- serve in their official acts the highest standards of mo- rality and to discharge faithfully the duties of their office regardless of personal considerations , recognizing that the public interest must be their primary concern. Their con- duct in both their official and private affairs should be above reproach. (b ) Public officials are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state and municipality . 1. 02. 04 Dedicated service. Public officials and em- ployees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidential- ity of their work. 1.02. 05 Fair and equal treatment--Unilateral communications . No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other parties in a matter under consideration when such application or communication is designed to influence official decision or the conduct of the official himself, or other officials , employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself or others . Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the recordby the recipient . Any oral unilateral communi- cation received under such conditions should be written down in substance by the recipient and also made part of the record. 1. 02. 06 Standards of conduct . Every officer of the city shall attempt to be courteous and avoid making rude or personal remarks . When speaking at a public meeting, the officers of the 5. 231 � c city shall attempt to speak to the issue and avoid making com- ments for the benefit of the audience or the press . Chapter 1. 01 COUNCIL MEETING 1. 03. 01 Agenda. All items and supporting documents thereto must be filed with the City Clerk by 5 p.m. on the Monday preceding a council meeting to be included on that meeting's agenda. Any item of an emergency nature that must be acted upon at the next council meeting may be included by making arrange- ments with the City Administrator. (Resolution No . 2520, 6 March 67) Oral communications to the Council must be submitted for inclusion on the agenda, if not related to an item already on the agenda. The Mayor or chairperson may use discretion to allow or disallow oral communication on an agenda item where the request for oral communication has not been filed, as re- quired in this section. V 1. 03. 02 Time and place of council meeting. Regular council meetings shall be held in the City Council Chambers on the first and third Mondays of each month at 7 p .m. ex- cept where a meeting falls on a holiday it shall be held on the next business day .. (Resolution No . 4161, 17 NQV 75) The time and place of special City Council meetings shall be decided when called and the call and notice shall specify such time and place. (Charter §507) All matters not on the floor by 11 p.m. will automati- cally be continued to the next council meeting. (Minute Action, 6May74) Chapter 1. 04 PARLIAMENTARY PROCEDURE 1. 04. 01 Roberts Rules of Order Revised. In all matters of parliamentary procedure which are not expressly provided for in the city Charter or the ordinances or resolutions of the city , the procedure contained in "Roberts Rules ' of 'Order Revised," as it now exists or future revisions thereof, shall control. 6. 232 - r 6 1. 04 . 02 Parliamentarian. The City Attorney is parlia- mentarian for the City Council, and upon the request of the Mayor or uporn his own initiative, shall make rulings on points of parliamentary procedure . 1. 04. 03 Motions . Motions may be made by any member of the Council and require a second except when a second is not required by "Roberts Rules of Order Revised. " A motion may be withdrawn by the mover with the consent of the second and in the absence of objection from any other member of the Council. 1 .04. 04 Vote required--Nonemergency . For all nonemer- gency ordinances , resolutions or orders for the payment of money , four ( 4) affirmative votes are required. (Charter §511) 1. 04 . 05 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 and safety , and containing a statement of the reasons for its ur- gency, may be introduced and adopted at one and the same meet- ing if passed by at least five ( 5) affirmative votes . (Charter §511) 1. 04 . 06 Adoption of ordinances . With the sole exception of emergency ordinances which take effect upon adoption, no ordinance shall be adopted by the City Council on the day of its introduction nor within five (5) days thereafter nor at any time other than a regular or adjourned regular meeting. (Charter §511) 1. 04 .07 Reading of ordinances and resolutions . At the time of introduction or adoption of an ordinance or resolution, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous con- sent of the councilpersons present , except that emergency ordi- nances shall be read in full . (Charter §511) 1 . 041 . 08 Alteration of ordinance after introduction. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting being held not less than five (5) days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of this section. (Charter §511) 1. 04. 09 Repeal of resolutions and ordinances . A resolu-- tion may be repealed by another resolution or an ordinance . If repeal is by resolution without advance notice , five affirm- ative votes ; with notice (in the formal Council agenda) , four 7 . 233 affirmative votes . An ordinance may be repealed only by another ordinance . 1. 04 . 10 Orders for payment of money . No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. (Charter §511) 1. 04. 11 The vote . The vote on all motions shall be by roll call , and may be recorded by electronic or mechanical means . 1.04. 12 Division of question ("split vote" ) . If the question contains two (2) or more divisible propositions , the Mayor may, and at the request of any councilperson shall, di- vide the question (also called "split vote" ) . Example: (1) Waive further reading of ordinance/resolution (re- quires unanimous vote) . (2) Adopt . 1. 04. 13 Tie votes . If a vote is a tie , the motion fails except that on appellate matters a tie vote on a motion to sus- tain the lower body 's decision has the effect of sustaining the decision of the lower body . A tie vote on a negative motion does not approve the affirmative side of the motion. Thus a tie vote on a motion to disapprove or not to do something does not automatically adopt the opposite . After such tie vote the question should be made in the affirmative mode . 1. 04 .14 Nomination and election. Nomination and election for the offices of mayor and mayor pro tempore , pursuant to Section 504 of the Charter, shall follow the following procedure: (a) At the time set for nomination and election, the mayor and mayor pro tempore shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an election for the office of mayor. (b ) Any member may nominate any other member, no seconds being required, and nominations shall be open until a mo- tion to close shall be adopted. (c) The vote shall then be conducted on the nominees by secret ballot and if no nominee secures a majority of votes cast , the two nominees with the highest number of votes shall be voted on by secret ballot . (d) All votes on nominees shall be by secret ballot . • 8. 234 -,� (e) No write-in votes shall be counted and any such write-in votes shall be considered as a failure to vote. (f) In case of tie for the second highest vote , run- off ballots on such tie nominees shall be cast to break the tie .. The tie is broken when 'one tie nominee receives the highest number of votes east on such ballot . When such tie is broken, a vote shall be taken on the nominee who has the highest vote, and the tie-breaking nominee . • (g) In case of a tie of more than two ('2) nominees for the highest vote, a vote shall be taken on such tie nominees , eliminating all others . .(h) All run-off or tie-breaking ballots are subject to the same elimination rules as apply to the first ballot . (i) Successive ballots shall be cast until a nominee is elected. . _ (,i ) A nominee shall be elected at any time such nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition. (k) Each member shall be entitled to nominate one nominee for each office . No member shall nominate himself. (1) A mayor pro tempore shall then be selected by the same process as set forth in this section for the office of mayor. (m) The mayor and mayor pro tempore, following such proper election, shall serve for terms of one (1) year and until such time as their successors have been elected and qualified and installed. • 1. 04 . 15 Rights of Mayor. The Mayor has the right to make motions , second motions and vote on motions . The practice of some deliberative bodies where the chairman does not vote except . to break a tie does not apply to the City Council. 1.04 . 16 Quorum. A quorum for all meetings of the City Council is four (4) councilpersons . 1. 04 . 17 Ralph M. Brown Act . Any meeting, gathering or coming together of four ( 4) or more councilpersons at which city business is discussed is subject to the Brown Act . A full discussion of the Brown Act and its rules and require- ments is found at Appendix of this manual. 9• 235 1. 04. 18 Pines , penalties and franchises . In addition - to such other acts of the City Council as are required by the *-� 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. (Charter §512) 11/ 1.04. 19 Other actions . Actions which are not required by the city Charter or city ordinances to be in the form of ordinances or resolutions may be effectuated by minute action. 1.04. 20 When minute action is a resolution. In all sit- uations where ari action of the City Council under the express provisions of the city Charter or ordinances shall or may be by resolution, a "minute action" of the City Council adopted by at least four (4 ) affirmative votes , shall be deemed a resolu- tion for all purposes , and such action shall not fail merely because, it lacks the form or title of a resolution. 1. 04. 21 Minute actions . Minute actions require the af- firmative votes of a majority of councilpersons present and voting, but not less than three ( 3) , except when less than a quorum is present, the lesser number may adjourn from time to time . 1. 04 . 22 Motion to rescind . A motion to rescind a minute action without advance notice requires five affirmative votes ; with notice (in the formal Council agenda) , four affirmative votes . 1 .04 . 23 Motion to reconsider. A motion to reconsider, when appropriate under Roberts Rules of Order Revised, may be made at the same meeting or no later than the next regular meeting of the City Council by a councilperson who voted on the prevailing side of the motion to which it applies . The vote required to adopt a motion to reconsider shall be a simple majority of councilpersons present and voting except that such motion shall require four (4 ) affirmative votes in order to reconsider any motion which required four (4 ) affirmative votes for adoption. A motion to reconsider may be made only once with respect to any motion to which it applies ; however, a motion to reconsider a main motion does not preclude the making of a motion to reconsider the main motion as amended. A motion to amend may be reconsidered. A motion to reconsider a motion to reconsider is not permitted. The vote on the motion to re- consider shall be taken at the time the motion to reconsider is made except that the vote on a motion "to reconsider and enter upon the minutes" shall be taken at the next regular meeting of the City Council. The effect of the adoption of a motion to re- consider is to vacate the vote taken on the motion to which it applies and to present the motion to which it applies to the 10. • 236 body for action as if no vote had been taken on it . The new vote on the motion to which it applies neither sustains nor over- rules such motion because the old vote is vacated and the new vote is taken as though no previous vote had been taken. 1.04 . 24 Vote required on appellate matters . Where action has been taken by a lower body that would be final if not ap- pealed, such as decisions by the Board of Zoning Adjustments or the Planning Commission, and is subsequently appealed to the higher body, the following procedure applies: (a) If the motion is to sustain the lower body 's decision, a majority of those present and voting is sufficient (four (4) affirmative votes not required) . It is not necessary to make a motion to overrule . When there is a tie vote, the lower body is sustained. However, if the motion to sustain gets less than a tie vote , a motion to overrule must be made . (b) If the motion is to overrule the decision of the lower body, four ( 4) affirmative votes are required. If there are less than four (4) affirmative votes , the decision of the lower body is deemed sustained and no further vote is required. (c ) If a motion is made to modify the decision of the lower body , two separate steps must be taken: (1) First , the motion to modify requires four (4) affirmative votes . • (2) Second, if the motion to modify is adopted, a motion to sustain the decision of the lower body as modified requires the same vote as the motion to sustain. ( 3) A motion to overrule the decision of the lower body, as modified, requires four ( 4) affirmative votes . If there are less than four ( 4) affirmative votes , the de- cision of the lower body, as modified, is deemed sustained without further vote . (4) If a motion to modify fails , the next motion is either to sustain or to overrule the subordinate body. 1 .04. 25 Appointments to boards and commissions . When a vacancy occurs for any reason on any board or agency over which Council has power to fill by appointment., the following pro- cedure shall be followed to fill such vacancy: (a) At the first Council meeting following the notifica- tion to the Council of such vacancy, public announcement shall 11. 237 be made of said vacancy and a request made for any interested 411 persons to submit a resume of their qualifications to the Council prior to the next regular meeting of the Council. (b) The Council shall; as soon as is reasonably pos 11/ - sible, fill any such vacancies but.nothing herein shall be construed to limit its choice to a personywh o has submitted an application, as outlined above. (c) Interviews of candidates for positions .on boards or comissions shall be held in public at regular or adjourned regular meetings of the City Council. A list of uniform ques- tions developed by the appropriate department will be asked of each applicant to be interviewed. Applicants will be rated on a numerical scale which will be .made public . Chapter 1 .05 ROLE OF THE CITY ADMINISTRATOR 1. 05 .01 Appointment and removal . The City Administrator is the chief administrative officer in the city. He 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. He shall not be removed from office during or within any ninety (90) day period following any municipal election when a councilperson is elected. He may be removed only at a regular meeting by majority vote and thirty (30) days prior to termination, he must be given notice of intent to re- move and, if requested, the reasons therefor. Within seven (7) days after receipt of such notice, the City Administrator may request a public hearing before the City Council within the thirty (30) day period before his removal . The City Council may suspend him but his compensation will continue until re- moval. The City Council has uncontrolled discretion regarding such removal. (Charter §§600, 606) 1 . 05 . 02 Compensation and residence . Although the City Administrator need not reside in Huntington Beach upon appoint- ment , he must take up residence in the city within ninety (90) days unless that period is extended by the City Council. The City Council shall set the salary of the City Administrator by ordinance or resolution and shall set the form and amount of the corporate surety bond required of the City Administrator. (Charter §§601, 603) 1 . 05. 03 Duties . The City Administrator shall be respon- sible to the City Council for the proper administration of all `-- 12. 238 affairs of the city . His duties include , but are not limited to: appointment , promotion, demotion, suspension and removal of all 11 employees and department heads except where this function is vested in the City Council. Appointment or removal of a depart- ment head requires City Council approval. The City Administrator shall prepare and submit to the City Council the city budget , an annual or more frequent report on city finances and a report on current administrative activities. He shall keep the City Council informed of the financial condition and future needs of the city and make appropriate recommendations . He shall establish a centralized purchasing system and prepare rules and regulations regarding contracting, purchasing, and at- tendant ..controls for City Council approval and adoption by ordinance . He shall supervise the enforcement of the law of the state, city ordinances, charter provisions , franchises and rights of the city. He shall, subject to policy estab- lished by the City Council, exercise control over all adminis- trative offices and departments , all appointive officers and employees not appointed directly by the City Council) and pre- scribe general rules and regulations for the conduct of such offices and departments . He shall perform such other duties . consistent with the city Charter as may be required by the City Council. (Charter §604) 1 .05 .04 Meetings . The City Administrator shall be ac- corded a seat without a vote at all meetings of the City Council and all boards and commissions except where his re- moval is under consideration. (Charter §605) 1 .05. 05 Noninterference with administrative service .' Except for the purpose of inquiry, no member of the City Council shall deal with the administrative service under the control of the City Administrator except through the City Administrator. No member of the City Council shall give orders to a subordinate of the City Administrator either publicly or pri- vately and except as otherwise provided in the city Charter, no member of the City Council shall order the appointment or removal of any person to any office or employment with the city. (Charter §607) 1. 05. 06 Acting city administrator. The City Administrator may appoint, subject to City Council approval, any officer or department head to serve in his absence as acting city adminis- trator. If he fails to do so, the City Council may make such appointment . (Charter 45608) 13. 239 Chapter 1.06 ROLE OF THE CITY ATTORNEY 1.06.01 Term. The City Attorney is the attorney for the municipal corporation known as the City of Huntington tleach. He shall be elected from the city at large, as pro- vided by the city Charter, and shall serve for a term of four (4) years and until his,successor qualifies . (Charter §500) 1.06 .02 Powers and duties . The City Attorney 's duties include, but are not limited to: representing and advising the City Council in all matters.. of law,pertaining to their offices. He shall prosecute on behalf of the people all criminal matters arising from violations of ordinance or Charter provisions or state law misdemeanors within the city 's power to prosecute unless otherwise provided by the City Council. He shall represent and appear for the city in all actions or proceedings in which the city is concerned or is a party, and shall appear on behalf of any present or former city employees in any action.or proceeding arising out of their employment or by reason of their official capacities . He shall attend all regular meetings of the City Council unless excused, and act as parliamentarian, and his decision rendered with respect to parliamentary procedures, shall be final. He shall give his advice or opinion orally or in writing whenever requested to do so by the City Council or any of the boards or officers of the city. He shall approve as to form all contracts made by and all bonds and insurance given to the city, and prepare all ordinances, resolutions and amendments thereto. He shall devote such time to his duties and at such place as the City Council directs by vote of that body , and perform such legal functions and duties in- cident to the exercise of the foregoing powers as may be nec- essary. He shall surrender to his successor all files, books and documents pertaining to city affairs . The City Council shall control all legal business, pro- ceedings and all property of the legal department, and may employ other attorneys to take charge of or contract for prosecutions , litigation or other legal matters . (Charter §703) 1. 06.03 Requests for ordinances and resolutions . All requests of the City Attorney 's office by members of the City Council for preparation of ordinances and resolutions should be by minute action of the Council. lu . 240 Chapter 1.07 ROLE OF THE CITY TREASURER 1. 07. 01 Term. The City Treasurer is the custodian of public funds of the City of Huntington Beach. He shall be elected from the city at large, as provided in the city Charter, and shall serve 'for a term of four (44) years and until his successor qualifies . (Charter ' 500) 1.07.02 Powers and duties . The- City Treasurer shall have the power and shall be required to receive''on -behalf of the city all taxes, assessments , license fees and other revenues of the city , or for which the city is responsible . He shall receive all taxes or other money receivable° by the city from the county, state, Federal government or any court or other department, office or agency of the city. He shall have control of all funds coming into his hands and deposit them in such depository as the City Council designates by resolution or, if none is fixed, as the City Administrator directs : The, City Treasurer shall act incompliance with the state Constitution and law in handling, depositing and securing the public funds . He shall pay out proper orders or warrants as provided in the city Charter, prepare and submit to the Finance Director monthly reports of all re- ceipts, disbursements and fund balances with a copy to the City Administrator. He shall perform such other duties con- sistent with the city Charter as the City Council directs by ordinance or resolution, and appoint such deputies at such salaries as the City Council may prescribe by ordinance or _resolution. (Charter §705) Chapter 1 .08 . ROLE OF THE CITY CLERK 1. 08.01 Term. The City Clerk is the official recorder and keeper of the records of the City of Huntington Beach. He shall be elected from the city at large as provided in the city Charter, and shall serve for a term of four (14) years and until his successor qualifies . (Charter §500) 1.08.02 Powers and duties . The Clerk's duties include but are not limited °to: attending all meetings of. the City Council unless excused, and keeping a full and true record, of such proceedings . Recording and maintaining all ordinances , resolutions , written contracts and official bonds . Keeping all books and records properly indexed and open to public inspection. II 15. i ' ° 241 The Clerk shall be the custodian' of the city seal, and ad- minister oaths, affirmations , take affidavits and depositions pertaining to city affairs,,and certify copies of official records. The Clerk shall be ex officio assessor unless the City Council by ordinance provides otherwise. The City Clerk shall have charge of all city elections and shall canvass the votes after all general. or special municipal elections and re- port the results to the City Council for certification. (Resolution No. 2967, 21 April 69) The City Clerk shall is- sue subpoenas on behalf of the city upon the request of an authorized person with the approval of the City Attorney. (Resolution No. 3393, 15 'Nov 71) . The City Clerk shall accept ti. aid consent to deeds and grants of real property to the city for public purposes . (Resolution No . 3537 , 7 Aug 72) . .The City Clerk may, with the consent of the City Council, appoint such deputies at such salaries as the City Council may pre scribe by. ordinance or resolution, and perform such other duties, consistent with the city Charter as the City Council may require by .ordinance .or resolution. (Charter 704) • • • 11 16. 41111 �..,•. • 242 TABLE OR CONTENTS TO APPENDIX TO COUNCIL MANUAL TITLE PAGE NO. Resolution No. 4311, Budget Control . 1 Motion to Reconsider 5 Removal of Members of Boards and Commissions 7 Expiration of Terms of Members,of the Recreation and Parks Commission • . 9 City Attorney Opinion No . 73-42 10 Parliamentary Procedure--Script for' Mayor 12 Ralph M. Brown Act 15 City Reimbursement for Expenses of Counciiperson's Spouse, Memo 39 • NIMLO Letter Re City Reimbursement for Expenses of Councilperson's Spouse 40 City Council/Department Head Retreat--Brown Act , City Attorney Opinion No. 76-40 42 Procedure for Handling -Executive Sessions of City Council, Letter . 48 Resolution No. 4283, Conflict of Interest Code 50 243 P , . RESOLUTION NO. 4311 A: RESOLUTION OF THE CITY COUNCIL -OF- THE CITY OF . HUNTINGTON BEACH AMENDING RESOLUTION NO. . 4309 ' ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF - THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3993 ENTITLED 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIN.GTON. BEACH IN RE— GARD .TO BUDGET CONTROL'" . WHEREAS, the purpose' of this resolution is to insure re- . . sponsib le fiscal control of, unbudgeted items presented to the City Council in the. form of ordinances, resolutions, minute actions , appropriatioha , orders for the payment of money, and any'. means whatever by which the Council is able to act, and where such action shall or may .have an impact upon. the budget . 11 The basic assumption underlying this resolution is . that informed and intelligent • action' must be preceded by and based upon fiscal data and information, : and upon an understanding and appreciation of the impact of such action upon the. budget . It: is recognized that an integrated and orderly budgetary process requires a budget in. balance and that any action of the City Council that . shall or may disturb or affect such balance must be preceded by thorough. study and analysis . Where unbudgeted expenditures • are authorized by the City . Council, it is and shall be the policy of the city that, adequate provision must first be made for the funding of such proposals through the budgetary process to the end that the budget be and remain' in balance.. It is a policy of the City of Huntington Beach that the Council shall not create a deficit in the city's budget by any action of the Council. This statement constitutes the official policy of the • City of Huntington . Beach. . • NOW, THEREFORE, BE IT RESOLVED by the City Council of the ill • 1. DPB:ahb 244 City of Huntington Beach as follows: SECTION 1. ACTIONS TO UNBALANCE BUDGET PROHIBITED. The not take an City Council shallY action whether by adoption of ordinance, resolution, minute action, appropriation, order for . the expenditure of. money, or otherwise, 'which will result in anticipated expenditures for the current fiscal year exceeding the total of anticipated revenues for the current fiscal year plus all other available funds. SECTION 2. FINANCIAL ANALYSIS REQUIRED.' ' 'The City Administrator with the assistance of the staff shall prepare and transmit to the City Council, together with any ordinance, resolution, appropriation, request for order of expenditure of money, or- any other request for action which is not funded in the current fiscal year's budget,- a detailed financial analysis of the proposed action, giving the impact., both positive sand negative, upon the city's_,budget . A cash flow .time. analysis shall be included to compare proposed cash outlay timing with cash receipt schedule from the revenue source proposed. ,Such analysis shall be contained in a report entitled, 'Financial Impact Report ." SECTION3. REVIEW OF FINANCIAL IMPACT REPORT BY CITY COUNCIL REQUIRED FOR UNBUDGETED ITEMS, The City Council shall not adopt any ordinance, resolution, appropriation, order for payment of money, minute action or any other action, without first reviewing the Financial Impact Report and without first • making adequate provision for the funding necessary to support such action and to keep the budget in balance. The provisions contained herein shall apply to unbudgeted items and to items which cost more money than the amount budgeted for such items. SECTION 4. AMENDMENTS TO BUDGET. Whenever during the . fiscal year anticipated revenues fall below projections , the . Finance Director shall transmit to the City Council proposed amendments in the city's budget which will bring the budget into 2. 245 balance so that no deficit shall be created or maintained. SECTION 5. This resolution shall not apply to any proposed unbudgeted expenditure less than Five Hundred Dollars ($500) . P unless such proposed expenditure may reasonably be. expected to result in other related. or coitinuing _expenditures. : PASSED AND ADOPTED by the City Council of the City or Huntington Beach at an adjourned regular meeting thereof. held , on the 23rd day of August, 1976.' 42‘46.464104Z3_,___________*-1 , ayor ATTEST: APPROVED AS TO FORM: s : : . . 0 %.145%e" : --.. -:. ' ' . - . . 400.1":' City- Oierk C y At ey APPROVED AS. TOCONTENT AND „ � AS INITIATING.,DEPARTMENT: � NO FISCAL IMPACT . -4 4..,..* FISCAL IMPACT -- r +``ETEri •City min strator - FISCAL IMPACT 1L,-1 ut; GETED . REQUIRES FI ANC1AL IMPACT REPORT,. • • I ' . . 3. 246 Nur Res. No. 4311 STATIC OF CALIFORNIA ). COUNTY OF ORANGE ) es a CITY OF HUNTINGTON BEACH ) I, .ALICIA M. WBITiORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 23rd day of August , 1976 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Siebert, Wieder NOES: Councilmen: None ABSENT: Councilmen: Coen, Gibbs, Shenkman L'.2e400L0 aegt" City Clerk and ex-officio Clerk of the City Council •of the City of Huntington.Beach, California 247 1►.d Sill 111 4 MOTION TO RECONSIDER :, In "Roberts Rules of Order, Newly Revised" (the controlling authority) , the motion to reconsider is classified as a mo- tion "that brings the question again before the assembly'," it .being. one of the four motions so classified and which ` serve "the functions described by.the name of the class ." ,(Section 6 , page 64, Roberts Rules of Order, Newly Revised) All citations in this piper are to Roberts Rules of Order, Newly Revised, copyright 1970, unless otherwise stated. The motion to reconsider is briefly described by function as . follows : . "If, in the same session that a motion has been voted, but no later than the same or the next calendar day, new information or a changed sit uation makes it appear that a different result li , might reflect the true will of the assembly, a member who voted with the prevailing side can propose tc reconsider the vote; i.e. , he can move that the questions shall come before the assembly•'again as if it had 'not'. previously been considered." (Emphasis added. ) (Section. 6 , page 66) The motion to reconsider (as applied to a main motion)' does not bring a question again before the assembly by its introduction, but by its adoption, which automatically causes the main ques- tion to become pending. (See Section 6, page 66..) The motion to reconsider can, with certain exceptions,. be ap- plied to a vote that was either affirmative or negative, within a limited time after that vote, and it proposes no specific change in a decision but simply _proposes that the or3'girial question be reopened. (See Section 6, page 67. ) Thus, the mo- tion to reconsider does not require the same or a greater vote for its adoption than the vote which was previously cast on the main motion and does not violate the principle of parliamentary law that : "To change what the assembly has adopted requires something more (in the way of a vote or previous notice to the members) than was necessary to adopt it in the first place." (See Section 6, page 64. ) 5. 248 • • ' 1 A. main motion can be reconsidered (see Section 7(8) at page 69) . The motion to. reconsider requires only a majority vote,. . • regardless • 'of 'the _vote 'necessary 'to :adopt`:ado :the motion to be re • - considered. • (See Section 36(7) at 'page 270. ) , . The effect of making a motion to reconsider is the suspension of all: action that depends on the result of -the vote proposed • to be reconsidered either until the assembly takes up the mo- tion to reconsider Or until its effect terminates. 'When a motion to reconsider is made and a .resulting suspension •of action, it remains in ••effect until the motion to reconsider •has been voted on and if that .motion is adopted until. the "recon- sideration is completed (see Section 36, pages 270 and 271) . The effect of the adoption of the motion to reconsider is immediately "to ' lace before the ' assembly 'again the Question On 'which the vote is to' be reconsidered—in, the exact position . that it Oc'eup ied the moment before it was voted on originally. (Emphasis added. ) (See -Section 36, page 274) • • • • • • • • 6. 249 • it CITY, OF HUNTINGTON . BEACH 111/ • INTER-DEPARTMENT COMMUNICATION 1tUNONGI N(EACH. To HONORABLE MAYOR WIEDER From DON P. BONFA City Attorney. Subject Removal of Members. of Boards Date July 16, 1976 and Commissions • You have asked whether or not City Council may remove members of boards and commissions prior to the expiration of their- . terms . Answer: . Yes Discussion: Charter mandated boards and commissions , namely the Planning Commission (§806 City Charter) ; Library Board ( 807 City Charter) ; and Personnel Board ( §808 City Charter) are governed ' by §802 City Charter which in relevant part provides that the members of boards and commissions "shall be subject to removal '. by motion of the City Council adopted by the affirmative votes • of the majority of the total membership thereof. ". No cause is necessary. The Recreation and Parks Commission is not charter mandated but is created by ordinance . Removal of members of the Recreation . and Parks Commission is governed by §2 .64 . 070 of the Huntington Beach Municipal Code which provides : "The term or terms of office specified herein shall not be deemed .arbitrary and should the • mayor, with the approval of the city council . determine that it would be for the best 'in • - terest of the department that a member be retired, he may so order and appoint a sue- cessor for the unexpired term of office of such retired member. " Therefore; in order to remove a member of the Recreation and Parks Commission the Mayor must make a determination that "it would be for the best interest of the department" that the member be re- tired, and then the Mayor may so order with the approval of .the City Council. After removal the Mayor may appoint a successor for the unexpired term of office of such removed member.. By implication the Mayor' s appointment of a successor should be with approval of the City Council. Generally, we know of no board , or commission or• committee whose members are appointed by the City Council , which is immune from 250 7. fir/ 'ov/ f City Council ''s power of removal. The power to appoint normally carries with it the concomitant power to remove . Inasmuch as the Mayor' s question did not specify a particular board or commission for analysis , we deem this brief opinion to be sufficient in detail . . However should a particular board or commission, hot named in this opinion, be the subject of inquiry , we shall be pleased to address ourselves specifically to such board or commission. Respectfully submitted, DON P. BONFA • City Attorney DPB : bt • • 251 8 . • en CITY OF HUINTINGTON BEACH 1NTER•DEPARTMENT COMMUNICATION 14UNIIN(.U)N I AtI NORMAN WORTHY, Director DON P. BONFA To Recreation and Parks Department From City Attorney Subject. Expiration of Terms of Date July 12, 1976 Members of the Recreation and Parks Commission You have asked whether or not the terms of the members of the Recreation and Parks Commission continue until their respective successors are appointed. Answer: Yes . Discussion: Section 802, under Article VIII, of the City Charter provides with respect to boards or commissions that their terms shall continue "until their respective successors are appointed and qualified. " Roberts Rules of Order (Newly Revised Edition) , at page 417 , Section 49, provides, as a general principle , that members of old committees continue their duties until their successors are chosen. . However, Huntington Beach Municipal Code Chapter 2 . 64 , which refers to the Recreation and Parks Commission, does not indicate that the terms of members shall continue "until their respective successors are appointed. " In our opinion, the continuation of terms until the successors are appointed is necessary to the continuity of a standing board or commission and is, by analogy mandated. by Article VIII of the City Charter. Furthermore, in the absence of an express declaration to the contrary in Chapter 2. 0- of the Huntington Beach Municipal Code, Roberts Rules of Order (Newly Revised Edition) prevails . e-C17° DON P. BONFA City Attorney DPB:er • p 252 . ' OFFICE OF THE CITY ATTORNEY OPINION NO.. 73-442 May 21, 1973 SUBJECT: Provisions Applicable to Maintain Decorum During City Council Meetings TO: City Council FROM: Don P. Bonfa, City Attorney John J. O' Connor, Deputy City Attorney In view of the emotionally charged atmosphere of the City ' Council meeting of March 19 , 1973 (discussion relative to the cat ordinance) , Mr.. Rowlands has requested a legal memorandum be directed to the City Council setting forth available methods of retaining order during Council pro- ceedings . Where the activity interferes with the right of City Council to carry on its public business in an orderly and dignified manner, because of disruptive conduct by demonstrators, such as blocking of free passage of the aisles and exits , yelling, booing, applauding or attempting to address the Council without proper recognition, there are two provisions of the Penal Code which may be applicable to retain decorum in the Council chambers . 1 . Penal Code §k15 makes it an offense to disturb the peace and in an appropriate situation this section may be invoked. 2. Penal Code §403 provides : "Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character. . . is guilty of a misdemeanor. " 3 . In addition to the foregoing provisions of the Penal Code, Section 544957 . 9 was recently added to the° . Government Code. 4 Government Code §511957. 9 reads : . 10. 253 , . IF Office of the City Attorney May 21, 1973 Opinion No. 73- 2 _ Page Two. "In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are will- fully interrupting the meeting,, the members of ,the legislative body conducting the meet- ing may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except . those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall. prohibit the legislative body from establishing, a procedure. for readmitting an. individual :or individuals not responsible for willfully disturbing the orderly conduct of the meeting. " The existing provisions of the Penal Code and Section 54957. 9 of the Government Code appear adequate to control any disturbance of Council meetings .. Some cities have • a specific local, ordinance regulating conduct at Council meetings , and if Council desires a specific ordinance' regulating public conduct during Council meetings, this office will be pleased to prepare same at the direction ' of Council. Respectfully submitted, DON P. BONFA, Cit Attorney eLl • N J. O'eONNOR, Deputy City Attorney DPB:JJO: lm 11. 254 Parliamentary Procedure Script for Mayor A. ORDINANCES FOR ADOPTION R. ORDINANCES/RESOLUTIONS FOR INTRODUCTION A. ORDINANCES FOR ADOPTION MAYOR: Next item on the agenda is ordinances for adoption. Does any council member wish to con- sider any ordinance separately? COUNCILPERSON 1: Please withhold Ordinance No . 2091. MAYOR: Very well. Madam Clerk, please read the rest of the ordinances by. title. CLERK: (Reads the rest of the ordinances by title. );! MAYOR: A motion is in order to waive further reading and adopt . COUNCILPERSON 1: So moved. COUNCILPERSON 2:. Second. MAYOR: Please vote. (After a pause to allow voting) Madam Clerk, please record the vote. CLERK: (After recording the vote) Seven ayes (must be unanimous ) . MAYOR: (To councilperson who withheld Ordinance. No. 2091) Your pleasure, Councilperson Jones, on Ordinance No. 2091?, COUNCILPERSON 1: Ask for division of the question (or, ask for split vote) . MAYOR: Very well. Madam Clerk, please read Ordinance No. 2091 by title. . CLERK: (Reads Ordinance No. 2091 by title. ) MAYOR: Thank you. A motion is in order to waive furth- • 12.. 255 Script .for:Mayor contd. reading. • COUNCILPERS.ON 1: So moved. COUNCILPERSON 2: Second. MAYOR: Please vote. (After a pause to allow for voting) Madam Clerk, please record the vote. CLERK: . (Records the vote) Seven ayes (must be unanimous) , MAYOR: A motion is in order to adopt Ordinance No. 2091. COUNCILPERSON 1: So moved. COUNCILPERSON 2: Second. MAYOR: Please vote . (After a pause to allow for voting) Madam Clerk, please record the vote. CLERK: . (Records the vote) Six ayes, one no. B. ORDINANCES FOR INTRODUCTION MAYOR: Next item on the agenda is ordinances for intro- duction. Does any council member wish to con- sider any ordinance separately? Hearing none, Madam Clerk, please read the ordinances by title. CLERK: (Reads by title. ) MAYOR: A motion is in order to waive further reading. COUNCILPERSON 1: So moved. COUNCILPERSON 2: Second. MAYOR: Please vote. (After a pause to allow for voting) Madam Clerk, please record the vote. CLERK: (Records the vote) Seven ayes (must be unanimous) . B. RESOLUTIONS FOR INTRODUCTION MAYOR: A .motion is in order to waive further reading and adopt. COUNCILPERSON 1: So moved. 13. 256 Script for Mayor contd. COUNCILPERSON 2; Second. MAYOR: Please vote. (After a pause to allow for voting) Madam Clerk, please record the vote. CLERK: (Records the vote) Seven ayes (must be unanimous) . If any councilperson wishes to vote against any resolution, he should ask that the resolution in question be withheld, and then the procedure is as follows MAYOR: Madam Clerk, please read Resolution No. 1111 by title. CLERK: (Reads Resolution No . 1111 by title. ) MAYOR: A motion is now in order to waive further reading . of Resolution No. 11,1.1. COUNCILPERSON 1: So moved. . . COUNCILPERSON 2: Second. MAYOR: Please vote. (After pause to allow tor voting) Madam Clerk, please record the vote. CLERK: (Records the vote) Seven ayes (must be unanimous) . MAYOR: A motion is in order to adopt Resolution No. 1111. COUNCILPERSON 1: So moved. COUNCILPERSON 2: Second. MAYOR: Please vote. (After pause to allow for voting) Madam Clerk, please record the vote. CLERK: (Records the vote) Six ayes, one no. END OF SCRIPT 11, 257. 15 December 1975 TO: Members of the City .C.ouncil City ; Administrator FROM: City Attorney. SUBJECT: Ralph M. Brown' Act Transmitted herewith is .a. paper,. dated August 1975,. on the Ralph M. Brown Act----Openi Public Meetings, from the League of California Cities, containing:: 1. An explanatory letter from Bill ,Keiser, Legislative Counsel and. DonBenninghoVen, Executive Director of the League. Note that the. Attorney General monograph published in .1972 (see footnote on page. 2 of the Keiser.Be:nxiinghoven letter) *as mailed • to you by . the City Attorney about trio years ago. 2. The text of the Brown Act, California Government Code Sections ::54950 et seq. to :which we haver added the amendments and additions which will go :into effect January 1,• 1976. 3. A very good.. paper Written by Frank Gillio, City Attorney of Los- Altos Hills and Millbrae The new provisions: which .go into effect January 1, ..1976 are sum- marized as follows : • 1. Section 54.952. 3 is amended :to include in the definition of "legislative body" any advisory commission, advisory com- mittee or advisory body of a local .agency created by a member of the governing bodx. 2. Section 54957 is amended to narrow the. "personnel" ex- ception to the open meeting requirement by excluding, in effect, from executive Sessions and thus requiring an open meeting for the consideration of the "appointment, employment •or .dismissal of or to hear complaints or charges brought against" any pernon appointed to an office by the legislative body; provided, how-. ever, that no,nelective positions off' city manager, city .attorm y or department Ileade shall be considered employee positions . We interpret this to mean that: 2226 meetings are required in cases of the "appointment, employment or dismissal or to hear 15. 258 leme • • • Members of the City Council 15' December .L9)'( and •City Administrator Page 2 . Ralph M. Brown Act ' complaints or charges brought against" (a) members of hoards , ' commissions , committees , and (b ) elective positions of council- . person, city attorney, city clerk and city treasurer. Of course, the only authority the Council has with respect -to- elected of- ficers .is to consider an appointment to fill a vacancy. ' I have - checked this interpretation with Carlyn Reed, Chief.Staff Attorney for the League and she concurs .- However, Mrs. Reed -has- •promised to check with William Keiser, Legislative Counsel .of the League and Other staff- attorneys at the League -office and will communi-: cafe with me if our' interpretation does not represent a consensus . . 3. Section 5 4957.•1 is added to require that . the city council shall ".publicly report. at: a subsequent •pubiie meeting any action taken, and the roll, ,.call vote -ther.eon, to appoint, employ, or dis- miss a public employee arising -out` Ot: any executive " a:ession of the • legislative body. " It has always been valid to take action, including taking a vote, in executive session and it has not been necessary. to report the ' action taken (including the •,vote) at. a public .meeting However-, - this will change ' on January..l, 1.9,76:, when the action taken (in- eluding the vote) in executive session Oust be publicly reported at a subsequent public meeting, in connection with the appoint- meet , employment or dismss-al of a public. employee. . With respect to all other matters , no. -public report must be ' made . . , This 'em- phasizes the 'reason why:, as the City Attorney has .frequently ad- vised for years,. executive minutes, should be. made of actions taken . (including roll ,call Votes) in executive sessions. 4. Section 54960 .5 is added to permit a court to award court costs and reasonable attorney fees to the plaintiff in an action to enforce the Brown Act 'and that .such costs and fees shall be paid. by, the city .and not become, a personal liability of any public officer or employee. This section also provides that the court may award court costs and reasonable attorney . fees to a defendant in any such action where the defendant has • prevailed and the court. finds. that the action 'was .'!clearly friv olous and totally lacking in merit. " There is no easy shortcut to understanding the Ralph M'. Brown Act . It is very vague . and ambiguous in some of. its sections. 259 Meinbers of the City Council 15 . December 1979 and City Administrator Page. 3 Ralph M. Brown. Act . • • I commend this transmittal to your serious study .' Should you 1 have .questions , I shall .be pleased- to assist you. . . Respectfully submitted, . DON P. SONYA • . City Attorney ' DPB:ahb . . Attachment ' , . • 260 i• 1 a dati out t territory a�f#ba: i . _ .' p,. 2 leca1 be l within the of` . 2 ,.,J .... ri x 3 agency opeh and public, and notice• __ -.---•->.� . 4 met y or by snail at ' . 4 P '" - , 5 before the.trims of s .. - .`. _ .to • 5 general t, -. , chief t 6 requested, a . , ■. t, ,. ersoes 7 1!j- ,si ' t t ,. - -' 7 sly- g. 8;,, r.�'. - dials 8 to provide the. : . it 8 limiter , . ie l • 9 provide by bYlaom4orbyw rs .0 9 . 10 by that advisory body for the conduct of its 10 any ,. . s 11 the time and for holding such regular .. 0 11 organized and-operated )12 other notice of r _ meetings is required. 12 defined in Section 54952 13 "Legislative = = = " .as defined in this section does not 13 to consider (a) matters al 14 include a'committee composed-solely of 14 (b) the tit, e 15- governing body a local agency which are lei than a 155' employee or. to hear c 16 quorum of such governing body. 16 against such employee t 17 The•provisions of Sections , .1, and 17 unless such r I8 54956shall t t . = to meetings under this section. : :18 body also may exclude. f 14 .: % -.der►. . of= Government 19 :meeting, during theexal - 20 Code • 1. to read: 20 other witnesses in.the ni 21 54957.. Nothing contained in this•chaptershall be 21 legislative body. 22 construed to prevent the 1 :•._ _ =--E , 22 • 44. SEC. p. Se 23 • agency from holding executive sessions with#h AttOritay 23 Government tom, to r4 24 General, district Attorney, sheriff, or chief of police, or 24 5657.1. . .The legislatii 25- their respective deputies, on matters posing a threat.to • . 25 publicly report at a subse 26 the security of public buildings or a threat to the public's • 26 . taken, and the rollcal sr( �r right of access �to public services or public faeihities or .27 or dismiss a public empli '28 from holding executive Sessions during a "�qr " 28. session of the.legislative M special meeting to consider 30 ernploymeat or dismissal of'a , -• - 30 Government Code, to ri 3 rn1 co or c} ught t:.:_ ... .. .t ,, . -°4 31 .5. A court r 32 ar_othe�- or.- emp .► , i 32 reasonable attorney fel n requests a public %e legislative body also: 33 brou t- t to Sec .n exclude from any such public or private meeting,during 34 the local agency has viol 35 the examination of a witness,any or all other witnesses-In.m 35 Such costs and.fees shall 36 the matter being investigated by tom. ' tive.body:: 36 -shall not become a persc or the purposes of this ; = : 37 or employee thereoof. 3:: shall not include any person appointed_ to-art 38 A court may award co . legi siative body of a•local ; •ho , fees'to a defendant in 40 that tU .. ;ye of er 40 Section 54 iv here ti 261 SB 1 --12-- 1 final determination of such action and i 2 the action was dearly frivolous and 3 merit. . . .. - 4 SEG 43 SEC. .11. No appropriatii 5. act, nor is any obligation created thez 6 2231 of the Revenue and Taxatic 7 reimbursement of any local agency for 8 'be incurred by it in carrying on 9 .perforating any service required to 10 performed by it by this.act: 0 • 262 • kAtilkirov • sei • . Nee, • _ • - 0), • CV• . f C • 153 o . rn - •#. •: , • . , , . , • Atic 20 76. ...• . . 1975 _ • •• • • Caltintrim Citren • ‘•?A Wi k 1,1 iigh,./ 4tro - •$acritment 0 California • , Auguet 1975 • • . , TO: . Mayors,.Coupeil Members., City Managers, City Clerks and City Attorneys • • SUBJECT: BroWn Act* Open-Ptiblin Meetings • .• • . .. A year ago the League sent all mayors, managers, clerks and attorneys a copy of an ' • analysis of the Ralph M . Brown Act prepared by Prank Gillio, City Attorney of Los -Altos Hills and Millbrae. Because of the importance,of the Act to all members of local ..:Hlegislative bodies, we'have added all council members to this mailing. ' frequent at- -- teraPts to further amend the Brown Act maidng it impractical and unworkable also suggest that in addition to the Gillio analYsis and e copy of the Act itself, it would be * * desirable to review its history, as well pi its current provisions, so that individual members of local legislative bodies will be fully aware of open meeting requirements and also be in's better pofidtion to discuss proposed smeedments with their legisletors. A detailed legislative history of all.Seisate•and-Assembly.bills affeetingtke Brown Act trace '1953 to 1978 hat been included Only in the city attorneys mailing: - The Brown Act was the forerunner of legislation designed to open up all levels of government to the public. •Co-sponsored by the. League of CaLifOrnia Cities and the California Newspaper Publishers Association it was adoptatin 1053 in:give new vigor to century-old public meeting laws that were all too frequently ignored. It also ex- tended the open meeting requirements to a wide variety of local public Agencies, boards ' and commissions not then' covered. by,an open meeting law. The'very earliest- Statutes An California's first legislative session in 1850 provided with resepect to cities generally •"A -city shall, by ordinance, fix the times and places of holding their stated meetings, • . . . , and their proceedings .shail „public." (Section 10, ChePter• 14, Statutes 1950.) Between 1850 and 1870 a *liar provielon was included in each special-act . creating a city and in 1883 with the adoPtion of the Municipal Corporations Act under which general law cities were formed, Section 858 (Government'Code Section 30808) provided "All. meetings shall.be public (Chapter 49, Statutes 1803.) Every,char- ter adopted pursuant to Article XI of the Constitution has included sprovision requiring council meetings to be public. The apin.-act tivew the spotlight of compliance on open meeting laws and unlawful secret rneetings.today are both rare and hazardous. • In extending the open meeting law to‘all•local jurisdictions, boards andeammissions and focusing the public's attention on open meeiiitiglaeas,,the Brown AO declared "It • • • • ' *Government Code Sections 54950-54981 (attached) 263 'Mr -0 STREET • M0SAMEN70 95$14 CLAREMONi • CifA irkri Er 9470,, :02 nil ION CEIVIER • LOS Alvngt rm 46)17 t9r6) 44.1 !man 'MI NIS is the intent of the law that their (legislative bodies) actions be taken openly and that their deliberations be conducted openly . " AN enacted in 1953, the Brown act required all meetings of a legislative body of a local agency to be open and public and granted all persons the right to attend such meetings . "leegie1ative body" was broadly duped to include not only all local governing lxodic'H meat also local hoards and commigsionet.. "Local agency" alr'e, was broadly defined to include every type of local public body . - .Each legislative body of a local agency was required by ordinance or resolution to • provide for the conduct of its meetings including the time and place thereof. Provision. was made -for the holding of special meetings provided 24 hours notice of the meeting was given to all news media requesting written notice. Notice of the special meeting - ,had to contain the time and place of the meeting as well as the business to be transacted . No other business could be considered. Executive sessions were limited to the consi- deration of the appointment, employment or dismissal of public officers or employees or to hear complaints or charges brought against such officers or employees. While the Brown Act as enacted in 1953 did not include a penalty or a method of enforcement, the first appellate decision to interpret the law held that two existing provisions of other statutes prescribed a mia demeanor'penalty. (Gtiverninerit Code Sermon 022: Penal . Code Section 177.) • The first major revision of the Brovtn Act occurred in 1981-when Governor (Pat) Brown vetoed one bill which, among other things, would have made any action taken in violation of the Brown Act void but approved a substantially pimilar bill Which ex- eluded the objectionable section . The 1981 legislation added a short title. definition of legislative body and, more importantly, a definition of "action taken"'as well ae two methods of enforcing the open meeting law. It made each member.of the legislative body attending a meeting in violation of the Act with knowledge of the fact that the meeting wa= in violation thereof guilty of a misdemeanor . It also authorised any interested person to bring an action to prevent the holding or threatened holding of closed meetings. The law also has been amended tom time to time to make it expressly applicable to charter cities, to include advisory bodies and to require mailed notice of meetings to property owners by public distraicte. As Mr, Gillio's paper clearly indicates, the courts, and particularly the Attorney General, have had many occasions to interpret the Act.* They both agree that it applies to all metatings of a majority of the members of the legislative body where public business is discussed. The Act does not apply to Social gatherings and the difference between a social gathering and a'meeting arranged for pursuit of • the public's business will usually be quite apparent as Justice Friedman noted in Sacramento Newepape:r Guild v. S er ;ento County. 263 C.A. 2d 41. Thus. while the criminal penalty applies'only to unlawful rtieafngas where action isat. three. the courts may enjoin any meeting or threatened meeting * ilte the public bufaxiiiiii of the particular local agency is discussed or deliberated. • Attempts have been made almost every year to extend the Brown Act to committees of less than a quorum.notwithstanding the fact that such committees or individuals cannot take action. The courts and the Attorney .General have stated: 'In general terms, the concept is that the Act does not apply to meetings . • *Secret Meeting Laws Applicable to Public Agencies - Evelle J . Younger, Attorney General, Jan. 1972; Room 800, State Building, 350 McAllister, Sari Francisco 94102 • 264 • -2 • - of committees of less than a quorum Of the legislative body Of the local agency . This is because the findings of such a committee have not been deliberated • upon by a quorum of the legislative body, arid consequently the opportunity fey. a roll public: hearing and consideration of the committees' findings and • recommendations by a quorum still remains.. ,Hence the public's rights 'under the Act are Still protected . " • The Legislature also has rejected attempts to limit the court•-approved executive pert n"i is the c i tti ;tttorney'to meet with the city council to discuss .pending cr anticipated litigation'in order to preverit'the city's adversary from • gaining an unfair advantage' to the detriment of the.public generally. One word of caution . As we said, last year, there are very few exceptions to the open meeting requirements of the Brown Act and Mr. Gillio discusses.them in some detail and points out that the so-called "personnel" session exception is a narrow one. Executive Sessions may not be held to consider so-called "personnel" matters. . The Brown Act only permits an executive session to consider the appointment, employ• merit or dismissal of a public Officer or employee or to hear complaints Or charges' brought against such officer or employee. It also.permits a legislative body to meet in executive session with its 'designated representative prior to and during labor negotiations to discuss salaries , salary schedules and fringe benefits when necessary to review the city's position and instruct such representative. These' are very speci- • fic exceptions. In giving 'notice to :news media of a proposed executive session, the notice should be in the language of the statute and not Simply that a so-called "person- nel" matter is to he, discussed . The Brown Act has been a 'model for the rest of the country. It was one of the first giving renewed strength to public,meeting laws and it has served as.a good example • - for state agencies and the Legislature itself. Properly adhered to and enforced, there probably is no better open meeting law in the country.. It•has been a major factor° in maintaining good government in California. Amendments other than for purposes of clarification or to take care of changing conditions in the administration of the public's business, e.g . , labor negotiations , are unnecessary and. should be -avoided. With full knowledge of the Act and its history , you will be iin the best°possible position to • preserve a workable open meeting law for the purposes intended by its sponsors and by Ralph M . RroWn . . • • • William H . Keiser . Don Benninghoven Legislative Counsel ° Executive Director • • 265 BROWN ACT - Council Meetings (Government Code) WPM. In enn':t Ins, thin chapter, the t.ep,i.nluture .findw ,and declares .that tti. pub! fr hoaIdR and c:uunt:il8 and the other public. agenciea in t.I+tr. "r :►+ c.xtst to aid In the conduct of the people's .b.usinas .• it is the intent of thy: taw that their actions be taken openly and that their deliberations be conducted open- ly. The people of this State do not yield their sovereignty to the are:teies e4ht: e serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed. so that they may retain ,con- . trbl over the inatrumenta they have created. 54950.5. This chapter shall be known as the Ralph M. Brown Act. 54951. As used in this chapter, `local agency" means a county, city, wheteet general law.of chartered, city aad .ounty D; taro,. School.district, municipal corrpo t-- ation, district, political subdivision, or any boaird, crmmisefon or agency thereof , or other local public agency. 54951.1. For the purposes of this chapter, and to the extent. not inconsistent with federal law, the term "local agency" shall' include all private":nonpro€it or- ganizations that receive public money to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964". 54951.7. "Local agency" includes any nonprofit corporation. created by one or more public agencies, shoes „ rd" .of :direatora , , apppointed:by,such public agencies and which is farertd to acquire, conatrect, r*co ettuct, maintain or operate any public work .project. 54952. As used in this chapter, "legislative body" means the governing board, comaiasion, directors or bandy of a local agency, or any board or commission thereof, and shall include any board, ccesie ioo, committee, or other body on which officers of a local agency nerve in their offlei,al eepacity as members end Which is supported in whole or in part bA funds PITY1d0y. ou y , whether sOehebeerd. commis- sion, committee or other body is OtWeelaed Anil Oersted by such lei1 .agency or by a private corporation. . 54952.3. AA used in this, chapter, "legislative body" also includes arty advi- sory commission, advisory coanittee or adviefery, body of s local agttacy, created,by charter, ordinance, rat olution, or by any aJ.silar formal nation of a governing body of a local agency. • Meetings of such advisory comeiesic na, committees or bodies concerning sub- jects which do not require an eeeelioatioo of facts and data outoida the territory : of the local agency shall be held within the territory of the local agency and. shall be open and public, and notice thereof mast be*delivsred pereenally or by mail at leapt 24 hours' before the time of such sating to each peeSea'who has re- quested, in writing, notice of such. meeting. If the advisory commission, eomittee or body elects to provide for the hold- ing of regular ncetiugs, it shell provide by bylaws. or by w:eateverr other rule is utilized by that advisory body, ..for .t llk conduc;;.of...ita. business, for Os, rims and place for holding suc'b `regular.paaitti s. No other 'aotics ofrefileliorlmeet140 IS required. s/e7s %Ls., "Legislative body" as defined in this section dues not include a committee :ompoaed solely of members of thi: gov rsine b-sdy of a local agency which are less :han a quorum of such governing body. The provisions of S.}r.t.ior,,, 5t�954, and 54956 shall not apply :o meetings under this section. 54952.5. As used in thys3 chapter, rcFegisl tive body" also includes; hut is. tot limited to, planning somrni Si:oxr :, isnrrda. .recreation cou aiseiono, and ,ther perlaaen*_ t, .trd:i or c'oa1Inis8i„ns of : local agency. 54952.6. As used in this ,chapter, `'ac.t Dt token" means a collective decision , . rade by 0 majority- of the men€sera of o -°<'Y isl.:.tive body, a collective cottsnitment. )r promise by a majority of the members of a legislative body to ,make- a poeltive - rr a negative decieidn, or an ictu ai-.v° i:r by riejcrtity of the me ber a of a legis- .ati.ve body when sitting as 1 body =sr : : .pot:i a motion, proposal, resolution, 'rder or ordinance. 54953. All meet isrga o; thf2 a local agency shall be open nd public, and all persons• ehrrx 1 ,e par°.: i:tsd to attend any meeting of the legie- , ative body of a local agen:c , except s s ^l; r:;t it pwovidad in this chapter.. • 54953. 3. A member of the puh:ic &hail be rsquire`d, as a condition to . ttendany.,' at ar ne.!t{:i'g cF A l+?r•ia.i;Liv:.! oc a 'local gency, to -register his ame end other information, to cogs? lets s que tionr; Aire, or ctherwige to fulfill try condition precedent to his a ttsrdance. 54954 , The legislative, bacy t f a owel arlenzy shall provide, by ordinance, esolution, bylaws, or by whatever other rule is required for the conduct of burl - eas by .that body, the time for holding rs°. ul ;rr vet:inge. Unless otherwise pro • - ided for in the act under sihfch the loss~' 'avoEly was' formed, meetings Of the legis- ative body need not be held ';.r t :.._ the ''. :: r1ra o the territory over which the • ocal agency exercises juri sdicti n. if ,_ t, F,iy, k,il:s any regular meeting °falls on holiday, such regular meeinas Thal.? h on t:of next b.usineaa. day, If, by eason of fire, - flood, eslrtrhir,ak.:_ ual i,t shall be unsafe to meet in he place. designated, the tiaretim f?, ?-:1¢:�sl f:^r;' .F*1 duration of therhe emergency t such pla,ee as is ddtignatad t$.; f air of the legieletive body. 54955. The legisle _iea 0 ?r r..l . a ;?,-w,cy :s:r adjourn any regular, ad- ourned r' gular, ' speci :l tr :;sl jout #;;r - egtlug to a time and. place specified . n the order of adjournment . Leac3 r :a};a: r•um :_w so adjourn from tLne to time. f all members are absent from any r;-e;aaa l; cs asi urne,d regular meeting the clerk r secretary of the laei,iaalative bt' rk aay ties,' &ta°,:v avil heating adjourned tic a ,stated • Lme and place and he shell caw a ri.tretn +ti<ties of the adjournment to be given 1 the same manner as provided i.,41 a t: . ~r n=A9€,5 for npeciai meetings, unless such Mice is waived as provided fur special xssti�.ss A cop of the order or notice • f nd jsurnment shall be concspicuounly poplA2d tin oT near the door of the place sere the. regular, adjourned r°eWar, spectq c>!: adjourned special meeting was held lthin 24 hours after the time of th {j ouwj ra.,-, Wren a regular or adjourned egular meeting is adjourned.as prI- !ad tab-w i ection, the rl ulting adjourned !gular meeting in a regular meeting : 0v raurposea. When an order of adjourrn- !nt of any meeting fails to zits e @to .t ,c irh the tdjournad ms tibg.,ia to ! held, it shall be held at the hour ai3ccitri.ad Ior drnlaic orEinenae, esol`tiuti, by la% , or otter rule. • 54955.1. Arav hearing bag ivpld, or noticed or ordered to be held, by a Lisle- live body of a local agency ot: evy saesti xtr y by order or notice of continuance continued or recsnzting d -to tit/ ou` cervi. t ;4,zitivig of the legislative body in the 267 • �.i Nene • same manner and to the same extent set forth in Section 54955 for the adjournment. of meetings; provided, that if the hearing is continued to a time lees. than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order. or declaration of continuance was adopted or made; 54956. A special meeting may be called at any time by the presiding officer df the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to'each mew- . bet. of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice Must be de- livered personally or by mail at least 24 hours before the time of such meetings as specified in the notice. The call end notice shall specify the time and place of the special meeting and the business to be tranacted. -No other business shall be considered at such meetings by the legislative body. . Such written notice may be dispensed with as to any, member who at or prior to, the time and meeting convenes files with the clerk or secretary of the legislative body a written-waiver of .notice. Such waiver maybe given by telegram- Such written notice .stay also be dispensed with As to any metnbei lehe' is actually present it the meeting at- .the °time it convenes. . 54957. Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding executive sessions during a regular or special meeting to consider the appointment , employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless °such officer or employee requests .a public hearing. The legislative body. also may exclude from any. Such public or private meeting, during the examination of a witness, any or all other.witneases in the matter being investigated by the legislative body. Nothing in this chapter shall ha construed to prevent any board, commission, committee, or other body organized and operated by any private organization' as de- fined in Section 54952 from holding executive sessions to consider (a) matters affecting the national security, or (b) the appointment, employment or dismissal of an ,officer or employee or to hear cosaplaints or charges brought against such officer or employee by. another' officer, person,. or employee unless such officer or employee requests a public hearing. Said body also may exclude from any such public or pri- vate meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. 54957.6. Notwithstanding any other provision of law, a legislative body of a local agency may hold executive st;suions with its designated representatives prior to and during consultations and discussions with representatives of employee organi- zations regarding the salaries , salary schedules, or compensation paid in the font of fringe benefits of employees in order to review its position and instruct its " designated representatives. 54957.9. in the event that any meeting is wilfully interrupted by a group or groups of persona so as to render the orderly conduct of such meeting unfeasible . and order cannot be restored by the removal of individuals who are wilfully inter- rupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda mny be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in _ this section shall prohibit the legislative body from establishing a prsicedure for readmitting an individual or individuals not responsible for wilfully' disturbing the orderly conduct of the meeting. 268 • Nwpi 54958. The provisions of this chapter shall .apply to the 140slstive body,of . every local agency not rithstending the conflicting pzoviiions or a g Ot'her .ltate . lam. 54959. Each member of a li:gislative body who attends a meeting of such legs. . lative body where action is taken in violation of any provision Col: this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a taisdemeanor. 54960. Any interested pa:eson may commence an action by mandamus, injunction or declaratory relief for the purpasc of stopping or preventing. violations or- threatened violations of this chapter by members of the legi®].atiy ..body of A local • agency or to determine the applicaWity of this Chapter to.setieta or threatened future action of the legidlotive body. , 54961. No local agency chr11 colAuct any meeting, conference, or other func- tion in any facility that prohib s die admittance of any person, or person$,, on the basis of race, re1igiot.e crews; color, national origin, enCeetryr: or sex. This. section shall .ap+p4y to SY y 1uc l ' %geoey as 'defined in Section 54051. • • • • • • • • • • • • • 269 r • Open Public Meetings • Requirements of the italt: "iz M . Brown Act and Exceptions Thereto • by . Frank Gillio City Attorrt,ey"oi' • Los Alfas lane and Millbrae • • . The Brown Act, described ae Uie strictest open meeting law in the•United States. requires that meeting& of-each oft u, .. 1.1 yei.rag be.open :and public **IOW any restriction on the-right of the public to attend: 1. The City Council, '• 2 .. City Boards or Corrara!]ieelo ls, 3. Advisory Committees, 'or 4. Any other•body on wbirth city officers serve in their official capacity and wlhi eh is supported partially or totally.by city funds. • 5. Any private nonprofit organization receiving public money pursuant to the i.zonomi c Opportunity Act of 19Ve 6 . Any nonprofit Corporation created by one or more public•-agencies who also.appoint the board of directors aidwhose purpose relates to acquisition, construction, - reconstructiori, maintenance or operation of any public work project. The requirement that m eet-Le.ge bc: open to the public does not apply to meetings of committees of a City Council ccitSioting of less than a quorum of Its members. • Executive or personnel meseione inow which member& of the public and press are • barred may be held during e eeg,:<.:e o ' 1:;pep2ial. meeting for the following purposes: 1. To consider the etnp .oyra:,ent ee.• daeneA ,;,al of a public officer or employee, or to.. hear charges brought against: kt.te .P l,:rOon, unless the officer or employes ih question requests a.public hearing; - 2 To discuss with the City a` :i;i r ae:y litigation pending-, proposed. or, anticipated. where a•public discusxrioiz would benefit the Ci,ty's adversary and be detrimental to the public. . • 3 To meet with the Attorney General, District Attorney, Sheriff or Chief of Police (or their deputies) On matters "posing a threat to the security of public buildings or a threat to the public's right of access -to public services or public facilities,'" 4. To instruct city representativ :. concerning-salaries, salary schedules, or com- pensation paid in the form of fringe n::ne;its prior to or during negoti:tfone with employee organizations • • 270 • %rob' Sitral • 5 To negotiate and P,4*,.:Gtoy'-':?.e. organization representatives following the intervention of a State 1 a labor dispute , 6 To consider matters ,) 40°110 security, in the case of 0,body • operated by a private corpor.---:;t.:-:;.,,. ofricera verve in their official capacity and which is support,..-4.,c1 a1h pity funds. In addition , if any met : 1,:-.ter ,•k.kptecl by a group or groups of persons so as to render the orcl.eriv Y. .,f;eet.ing unfeasible and order cannot be re- stored by the remove of indJ : • wi11-jully interrupting the meeting, the mem- bers of the body conducting . .,• r 7y.ci.er the meeting room cleared and continue in session. Only matter*, 'nay be considered in such a session. Duly accredited news media, except those partici- pating in the disturbar_ce , . :-.ttc....nd any ouch The body may establish a procedure 3.'-' ' or individuals not reponsible.for willfully disturbing the -- -?-.: Each body subject t' tc ; •ei.)-idc.14n from c.ondUating any meeting, con- ference, or other funct;-. ...: ;Jai' ' ,""0-.:I.AirOite; the adtnittance of any:person,. or persons, on the basic y_ - •-• r, national origin, ancestry, or sex. Attendance at a meeting i-•• i-3/.-•,-:--1/45m Act where action is( taken and with knowledge of the fact ele; violation of the Act,'carries criminal penalties. The term tactioi i. tar,' 1 . A collective de:cisio-; , or the members, Or 2 A collective u;-1.1-..11)Ditri:,,,E.::. majority of the members to make a po3li-ve or a new-dive • An actual vota by a - •`.;.:•. . .7`.."0 when sitting as a body on a motion, p,.opcsal, resolution, or-4a;.- , •• Ie slated purpe i:i• ;•.! that public commissions, boards and -..ouncils, and other put:E,,:., State of California conduct their delibera- Cora and take their actionv • • • - 271 • • ANALYSIS: Unless otherwise indicated, all references are to the Government Code of California. • OPEN MEETING REQUIREMENT The Brown Act (Secs. 54950 to 54961, incl.) requires that all meetings of the "legislative body" of a city, among others, be open and public and all persons be per- mitted to attend, with exceptions diecuseed later (Sec. 54953) . The right of the public to notice of and to attend meetings without restrictions has been jealously guarded. A San Diego City Council rule was declared invalid which required citizens who desired to attend "Council conferences" to register with the City Clerk and identify the groups they represented, the agenda item in which they were interested, and whether they *ere trying to influence the passage or defeat of such legislation. Persons attend- ing such "Council conferences" were required to agree to remain silent unless requested to speak (27 Ops. 'Cal.Atty.Gen. 123 - .1956) . The State Legislature in 1957 amended the Act to conform to this opinion and to provide that a member of the public cannot be re- quired as a condition to atttending'a meeting to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition which is;a condition precedent to his attending the meeting Mee. 54956.3) All that is required under the Brown Act is that meetings be open and public and all persons permitted to attend. It does not explicitly or impliedly infer a right to broad- cast meetings. It is within the discretion of a County Board of Supervisors to refuse to. permit a radio station to broadcast its regular meetings..(98 Opa.Cal.Atty.Gen. 52 ., 1901) . A Council rule prohibiting the use of tape recorders or mechanical devices in the Council Chambers to obtain tapes or recordings of council proceedings was held to be i.rvalid (Nevens v. City of Chino - 1065 - 233 CA.2d 77.5) , the court noting that the de- vice could be operated without noise or interference with council proceedings, and that the rule bars "what clearly should be permitted in making an accurate record of what • takes:.place at such meetings." The open meeting requirement extends beyond meetings of the city council. Since the Act was adopted in 1953, the definition of a "legislative body" hail been expanded'to include, in addition to the City Council, the following: 1 . A planning commission, library board, recreation commission and other per-. . manent city boards or,commissions (Sec. 54952.5) . 2. Any, advisory oommiasion, advisory committee or advisory boa.~I, whether • created by charter, ordinance, resolution, or anyelmilar formal action of the city council (Sec. 59052.3) . -3- 272 dad New' +.J 3.. Any board, commission, committee, or other body on which city officers rve :►z their official capacity as members and which is supported in whole or in part by city funds, whether the particular body is organized and operated by the city or by a private corporation (Sec. 54952) . . 4, Any private nonprofit organisation receiving public money pursuant to the Ecc f.:m.:c Opportunity Act of 1984 (sec. 54951.1) . 5. Anynonprofit corporation created by one or more public agencies who also appoint the board of directors and whose purpose relates to acquisition, construction, rconstruction, maintenance or operation of any public work project (Sec. 54951.7) , However, meetings of a committee composed solely of members.of the governing htxiy (City Council) which are less than a quorum of such governing body are excluded ft am the open meeting requirement (Adler v. Culver.City - 1960 .. 144 CA 2d 783, 77=1; 32 Op s. Cal. Atty.. Gen. 240 - 1958 - See also Sec. 54952.3) . Special provisions simplifying the operation of advisory committees should be noted. The procedural provisions of the Act (fi*ing time of meetings, notice of adjOurned or special meetings or continuance of hearings) do not apply to advisory. committees. If regular meetings are held, it is only necessary to provide in the by-laws Or in the com- mittee rules for their time and place. The Act does not apply to committee meetings held outside of the City if necessary in order to gather facts or other information. In the ab-- sense of regular meetings notice of a meeting when held is required to be,delivered per- eonally or by mail-.twenty-four.hours in.advanee to es h_.person who/mei requested, in writing, such notice. The-Act=doeii #.+apply to.:tadViktrytominittoffeeurbieh are created 'nformally (Sec 54952.3) Under the Civic Center.Act (Education'.Code See. 18556, et'seq) an organization ,Acing a public school facility may not Occlude the general public or use the school facili- ties for private or closed meetings or recreationel.ectivitiee. The general public may not be excluded from attending arid observing the meetings or recreational activities 3� • Ops. Cal. Atty., Geri, 220 - 1960) . • PENALTY AND REMEDIES FOR VIOLATION . . It .`.s important tc determine whether the Browri Act 'applies to a particular meeting because of the penalty provided. Each member of The Council or of a board, commission. or cornm.}`ee, who attends a meeting "where action is taken in violation of any provisions (qf the Brown Act) with knowledge of the fact that the meeting:is inv1ol tion thereof" is guilty of a misdemeanor (Sec 54959) . ,The term '#eetion`taken".is difinidin Section 540:37 8tomean: A collective decision made by a majority of the members of a legislative . ,i collective commitment or promise by a majority of the members of a legia- :ar ve body to make a positive or a negative decision, or an actual.vote by a•ma- jority of the members of a legislative body wl en ai ing as 'a bed;; o ' entity, upon a niotior, proposal, resolution; bider or brdt irnce." ' • -4- 273 ' + The criminal penalty added in 1981 is limited to a meeting at which "action" is taken (Sacramento Newspaper Guild v. Sacrame to County_Board of. Supervisors 1988 - 2853 CA 2d 41', 48 holding,that "the made 'r p sialty of.the Brown Act is ' focused on the meeting where'action is taken, no! tan tIe Meeting confined to deliberation") . However, any interested.person may commence a civil action in'the.Superior Court (Mandamus, Injunction or Declaratory Relief); to step or prevent either ',violation or a • threatened violation of the Brown Act, or to.deteratine whether the Act applies to. "actions or threatened future action" (Sec. 84990) The validity of the:actions taken at a meeting claitmii d.to have been held in violation of the Brown Act, nevertheless,.have.been'held 14 the courts not to be.affected. ' Violations of the Brown Act even if true as charged would not invalidate a compre- ' hensive zoning ordinance (Adler v. Culver City -`:1980, 184 CA 2d 703, 774--778; Clare- mont Taxpayers Association v. City of Claremont 1963 - 223 CA.2d 889. 893T$94) . Even if a Police:Commission regulation requiring police officers (off duty or on duty in civilian dress) to bitequipped with a revolver was passed secretly, the regulation . would not be invalidated (Stribling v. Mailliard 1970 - 8 CA 3d 470, 474) . - Answering claims that a violation of the Brown Act occurred by reason of telephone contact among the members of'a Redevelopment Agency and holding of one or more meetings concerning qualifications of proposed redevelopers.prior to a joint public Study session of the Council and Agency, the Court (Old Town Development Corporation v. The Urban Renewal Agency of the City of Monterey - 1987 - 249 CA 2d 313, 329) after noting that . there was no allegation that the "action taken" in adpp g each reeolution,determining ' which was the qualified proposal mtd:;eetting a hearing:on'lend disp t an'vies not at a public meeting, held: "Insofar as the allegations suggest that there was 'a collective commitment or promise by a Majority of the members of (the Agency) to make a positive or negative decision' on the matters in question, in violation of the Brown.Act, it would not invalidate the action'subsequently taken.. . . . (The) contentions . regarding purported violations of the Brown Act . .- . are unavailing because,. even if true, the ordinance would not be invalidated." ' WHAT IS A MEETING? As frequently pointed out, one of the problems,connected with application of this .Act is its failure to define the word "meeting" (36 Ops. Cal. Atty. Gen. 175 = 1960) . Both Attorney General,and the Courts have discussed what constitutes a "meeting". Construed in the light of the Brown Act's objectives. the term "meeting" extends to informal sessions'or conferences designed for the discussion of public husiness I3y the specific inclusion of committees and their meetings, the Brown Act dearonstrate s itti gr.raea+ai application to collective•investigatory and consideration activity stopping r;hor:, ::.i offi-Jilt action (Sacramento Newspaper Guild v. Sa►cramnento Count Board of f:i;a.p' visors. i ia88 -: .'63 ('A 2d 4) , 49 , 91 involving a luncheon meeting attended by the:entire.Rr,rerei 274 . %use 'vote • of Supervisors., other county officers, and members of the Central•Labor Council AFL-CIO, at which the social workers union strike against Sacramento County. was discussed, and.to which newspaper, reporters were,denied.admission. The' . Court held the luncheon'to, be a meeting within the meaning of the Act.) • Tr Brown Act does govern regularly held lupcheon meetings by members of one or more City Councils with representatives of certain civic associations to4 discuss items of area importance (school and airport facilities, water supply, sewage disposal and beach erosion), and at which a City Council regularly schedules attendance as'a group (43 Opa. Cal. Atty.. Gen. 36 - 1964) . The public is entitled to notice of and the right to attend such meetings because even though no decisions or agreements to make decisions were made at such informer luncheon sessions, the nature of sitch meetings and perhapa their true purpose and design . was to provide a forum for the free exchange of information and ideas on items of area importance with'a view toward obtaining a-general consensus which in turn , would provide the bases for fruitful "action!'.by the legislative bodies. However, mere social attendance by a majority of a Council at luncheons or dinners given b) civic or fraternal.organizations, .such as the ta ►,, Kiwanis, Lions:, .Optimists, Elks or Moose, does not constitute a meeting of the City Council subject to the Act. The Brown Act does not apply to special committees or subcommittees con- s?sting %.;f less than a quorum of the members of the legislative body .(e.g. , City - Council) which created them, because the necessity and opportunity for full public deliberation by the legislative body,still remeu ls, , '_he Act does apply to ..committee composed of a majority or more of the members of the legislative body'.(32.:i pa.. dal. Atty Gen 240 - 1968) . : ' • The reg.zirements of the Brown Act.cannot be avoided by the use_of;the;device commonly known as a "committee of the whole" (27 Ops. Cal. Atty. Gen. 123.- 1958) . • In 1963 the Attorney General (42 Ops. Cal. Atty. Gen. 81) held that there is no s;atutory authority for excepting "informal.sessions" from the application cf the Brown Act. In holding that the public was entitled to notice of and to attend briefing sessions held in:the City of Lodi, 30 minutes prior to scheduled public meetings in the City Manager's conference chambers, the Attorney General noted s.at the requirement,that meetings be open and public bed been interpreted as in- discussion sessions within'the term "meetings" . The right to''notiee and to attend a meeting is not dependent on whether "action" is taken or whether the mem- oers of the governing body door do not intend to take action, The term "all meetings" r•2V.•o.sly was interpreted es encompassing more than just meetings at which formal act'o n was taken. The references in the Brown Act concerning "action taken" relate only to the imposition of criminal penalties on the members of legislative bodies . These provisions are separate and distinct from there provisions giving the people the right to notice of and attendance at all meetings of the legislative ° body. A hearing officer appointed under a grievance procedure established.by an agreement to hear charges preferred against,a city employee who demanded that hearing be opened to the public ie°ttrlt req irod to conduct a public,heshing. 275 -6- The single "hearing officer" who functions.by himself is not a "legislative body" nor is the hearing a "meeting" within the meaning of the Brown Act. " . .. . a hearing conducted by a,single individual (is not required to) be opener# to the public . . ." under the Act. Sections of the.Act defining "legislative body" use words all of which import the involvement of more than one person,:a►nd con- ventional definitions of "meeting" refer to the presence of more than one person Nilson v. San' Er4incisoo,:.Municipal Railway - 1973 29 CA. 3d 878, 8791-e81) ' A Meeting of a local admissions.committee of the County Superintendent . of Schools' office to review the application of an•educationally handicapped child to attend special education classes is not.subject to the Brown Act because the . committee is net.* legislative bod. of M:local agency within;.the meaning Ot:the-Act •; by reason of being en:advisory arha or adjunct to a siingle county officer (86 Ops. Cal. Atty. Gen. 14, .18 - .1973) , The earliest California appellate court decision interpreting what.is a • meeting under the Brown Act, as well as other of its provisions, wie Adler v City Council of the Cibr of Culver.:City (1960) -184 CA 2d 763. Notwithstanding the . Attorney General's misconception of the Adler decision and the 1961 amendments • following that decision (42 Ops'. Cal,.Atty,.Gen. .01, - 1983), Adler has been sub- sequently cited with approval and except where affected by subsequent:legielative . action, it remains as much the law of the state as any other decision of the District Court of Appeal: In Stribling( v.. Mailliard - 1970 6 CA 3d 470, 4.74-475., the court, after citing Adler, said: " (Some„of the effects of the Adlercase wore removed by legislation, but the proposal to Make Void any action taken at nonpublic meetings was objected to by the:.Governor andwas:eliminated fry tth a prepoaed amendment_ to the statute. See 02 ape.. al.: Atli.; (den: `61,66•r� 198g.;?" . . . •- EXCEP.tION$: D E OPEN' . . MEETING REQUIREMENT There are several exceptions to the strict rule of the Brown Act that all meetings shall be open and .public, and all persons be permitted to attend. These exceptions appear in the Brown Act itsrit:or have•been created•by interpretation . of both the appellate courts and the Attorney General. . An executive.session may be held during a regular or special'meeting 1 , With the Attorney General, district attorney, sheriff or chief of police, or their deputies; "on matters posing a threat to the security of public buildings ' or a threat to the public's:right of access to public services or public facilities,; or. • 2. e to consider the appointment, employment,or dismissal of a public officer or employee,-or to hear complaints or charges brought against an officer or employee, . unleas the officer or employee requests a ptblic.hearing (Sec. 54957) A board. commission, committee, or other body organized and op%.rated by a . private corporation on which city officers serve in their official capacity.a►s inembern . • and which is supported in whole or in part by city funds, may hold executive ' *millions concerning: , ' 276 ' • • l. . Matters affecting the national security,. or 2. The appointment, employment or dismissal of an officer or employee or to • hear complaints or charges.brought aganat an offfder or employee, 'unless the officer. • or employee requests a.publio hearing (bees, 549112, 84957) . In either of the foregoing cases during.the-exemitiatien of a witness, any or:all other witnesses. in'the matter-being:investigated may beyexcluded:whether..the meeting is being conducted•as a public or privatelone_: . The City Council may bold en executive session with-.its.City Attorney to discuss. litigation'pending; pi oposed, or an The autt o itiea are s i :ut der the.topic - "Litigation" •. , . A City Council may hold executive sessions with its designated representatives prior to and during oneultations and discussions-with employee organisation represen- tatives concerning oelaries, salary•:schedules.or:coaaperisation paid:in the form of fringe benefits in order to.review the city's pbai$ion and instruct its representatives (Sec. 04957.6) A City Council may negotiate and discuss with representatives of employee•organs- zations during an executive session.held after the intervention of a state labor conciliator as authorized by law without violating the. Brown Act, because the.records'of the Depart- - ment of Industrial Relations.are confidential. ' If the confidentiality required:-by law is to be maintained; the deliberations which the records memorialize rauet siao be privileged and confidential., The purpose of the.statute (Labor Code Sec. 05),is_t+o prevent the. ' • disclosure of what`tranepires during conciliation proceedings. (51 Opa: Cal.. Atty. Gen. 201 - 1988) The labor negotiations exception appearing in the Brown Act: (Sec. ..54957.6) refers to a city council holding-,executive sessions..with its.-representatives,.; The moat recent exception;found.by the Attorney'Cletieril r '" e ep executive session with rep- resentatives of the employees EXECUTIVE SESSIONS The right to hold an executive session to consider "personnel" metterS *described . as a narrow exception and certain rules have been laid down. An executive session may be held,only during a.regular or special meeting for which adequate notice has been given as'required by the Brawn Act (43 Ops cal. Atty.' • Gen. 79 - .1964) . . • The appointment of,a Cou ncilmkn to fill an existing vacancy during an executive session -following which no u vote is taken by the Council in connection with the • appointment is proper because executive sessions may be eld to consider the appoint- / ment'of a public officer, among other things. .The word "consider" includes r to act n e appointment of an officer .(Luau• v. Board of Trustees of. -Arms o Joint Union High School District - 197:1 - 18 CA 3d-988,. 991; 40 Ops..' !"sal.Atty. Gen. ' 4 -- 1902) 1 -8- • 277 The right to hold an eiter,utive session for the appointment of a public officer extends . to the choosing by a public body of its own officer" and is.not reiestricted to-the appoint- ment of some person to a separate p till o1 grr (Edgar v Oakl*iad'�Museuta Adv►tsori Commission - 1973 - 38 CA 3d 73, 78) Neither members of the press nor any other individuals who are not witnesses in the matter being investigated may be admitted to en executive session because the Brown. Act "does not permit exceptions to be made for one or more members of the.press or any other member of the public.''. There is no authorization for a "semi-executive" session to which only particular members of the public selected or approved by the public body are permitted to attend. The entire purpose for authorizing executive sessions, namely, secret ° , confidentiality, and absence of publicity,, would be rendered nugatory by per- mitti individuals other than metaabersi of the pudic body involved to attend executive sae (48 Ope. Cal. Atty Gen, 34 - f906) - ' . The Brown Act permits a closed session to consider the dismissal of an officer or ployee unless such officer or employee requests a public hearing. . In a.dismissal matter the Councils action was eufficiettt even though.nOt done in an open public Meeting (Cozsolino v. City of Fontana - 1955' 138 CA 2d 808; 012) . . The Brown Act does not require publication of a detailed agenda specifying termina- tion of an employee's contract as a matter to be considered at an executive session .(Lucas v :Board. of Trustees of Armi)o Joint.Union High School District - 1971 18 CA:3d 988, 092; Kraueen 'v::,Sciatio-Coun •J for Co1141ge` trict 197.4 - 42 CA 8d 394,. 404) - The general.rule is that an employee may re•guest a public hearing rather than.an executive session The employee has no right to require a closed meeting. Unless the employee has asked for a public meeting the discretion lies with the governing body as to whether the hearing shall be public or Private. (44.Ops. Cal. Any. Gii n. 14? - 1984) . Minutes of executive sessions concerning d scussi.ons or action on personnel mat- ters are not available for pvbLr _Inspection They may made public by the determina- tion of a Majority 5f the governing body to make al.l or, any portion of the.minutes of an executive session public as they deem appropriate regardless of the concurrence of the. parties involved, To require that the minutes,of ar executive session moat be opehv to , pub1:c inspection would destroy 'the vo purpose'of the exception corned in the Brown Act 444 °pe Cal Atty 'sen 147 - 1984) . Whe;: a schaoid distr:c.t employee regv.e.3ted a public hear neg in a personnel,matter and the governing board Held an executive session prior to the second public hearing in order to review the answers given during the first public hearing, the employee claimed that since he had requested a public'hearing it was improper to consider any phase of the matter in an execl.t;ve session. The court held that•if there was a technical.. violation of the Brown Act, it in no way prejudiced the employee's rights and did not invalidate the, Board's°ac.ton. recauee the Hoard did not take.any action or hear any eddi- tional evidence tHuntingtori Beach' Union y gh, Scilti 1 Dist v. Collin - 1t 2 - 202 CA • 2d 877, 882) ° ' - zia • A discussion during an executive session of the qualifications of:two pereone to continue as radiologists which was followed by an open meeting during which one agreement relating to radiology services was terminated and another approved, was held not to violate the Brown Act because the discussion during an executive session of the personal qualifications of the two men in 'queetion came within the "closed.see- Sion exception's provided,*'the Brown Act fLateoh' v :. Northern .Sa `.Countt Hospital Dist. 1988 - 248 CA '2d 97:8, 8 7-.878} LITIGATION • Meetings of a City Council with its City Attorney for the purpose of general dis • - cussion and consideration of problems confronting'the Council, including legal prob lems, are subject to the Brown .Act. The:holding,bf an executive session.with.the City . Attorney.to consider litigation pending or threeteried originally was approved by the Attorney General. • The public interest with which the Brown Act is concerned does not require con-. ferences between a City Council and its City Attorney held solely to discuss litigation (including condemnation of property) Rending, .proposed or antiici ated., to be open'to the public where a public discussion of such matters would redoun e benefit of the city's adversary and to'the :detriment of the public (36 Ops. Cal. Atty. Gen 175'- 198©) . The Attorney General was quick to point out that " .; , . in the normal relation between.a City Council and its City; Attorney where.the City Council seeks the legal advice of the City Attorney as to.the 1Qg :-effect of matt pending bilia*titie City Council, such meeting's must be open to the public." This opinion was reinforced in 1983 when the Attorney General (42 Opa.-Cal. Atty.. Gen. 61) stated that meetings of a City.Council with the City Manager, ,City Attorney, and'Planning Director are subject to the open meeting,requirements of the Brown Act unless the subjects under discussion involve matters within the executive::session. . • exception (Sec. 54957) , Or are the subject of then current or pending litigation within the narrow'limits carefully outlined in the 1960 opinion. • The first judicial sanction of this exception came in a case in which the District Court of Appeal permitted a Board of Supervisors to confer with its attorney under conditions in which the lawyer-client privilege.would obtain(Sacramento Newspaperl.Guild v. • Sacramento County Board of Supervisors - 1987. - -255 CA 2d 51)". However, the definitive.approval of a public body's right to meet,with its attorney in an executive session under the-appropriate circumstances came one year later in Sacramento Newspaper Guild v. Sacramento County Board of Supervisors '(1988) • 263 CA 2d 41, 52-55. A'privileges attache, tb confidential lawyer-client communications which is just as available to public agency clients and their lawyers as to their private counterparts. The Evidence Code distinctly includes public agencies among the clients who may assert this. privilege. The,privilege serves a policy assuring private consul- tation . If client and counsel must confer in public view and hearing, both privilege and policy are stripped of value. After noting:that the statutory lawyer-eli.znt privilege of public agencies actually predates the Brown Act, the Court concluded that the public meeting requirement in the Brown Act did not abrogate by implication the statutory policy assuring opportunity for private legal consultation 'by public agency clients. Government • 279 -10- 4 'tome should have no advantage in legal strife, neither Should it be a second'class citizen. PROCEDURAL RULES . COP: `M.TI�?.S A meeting is not required to be held within the boundaries of the territory over which a particular public body exercises jurisdiction unless the law under which the City or other local public agency was formed provides otherwise (Sec. 54954) . . Meetings of city councils in general law cities must be held within the corporate limits of the'city (Sec 33808) . On May 1, 1975, the Superior Court of San Luis Obispo County held that the,law under which general law.cities were formed provides that city councils of such cities must meet within the'boundaries thereof. The court also noted that other advisory` boards, commissions and committees must meet within the city limits ex- cept for meetings whichrequire an examination of facts and data outside the territory of the local agency. (Piive Cities T4teekPi.fess`loco tr,°-,et al v, City°of Arroyo'Gz*nde.- 1975 - San Luis +Obispo_County:5ltiperior Court No 5437) . - The Merced City Charter. requires that all.City Council meetings be held in the Coun- l Chambers in the City Hall (Merced Charter Sec. 409)-, Notwithstanding that notice was given of Council'dinner meetings held in local restaurants;and which were attended by the;preps, such meetings at which there was:a discussion or deliberation concerning put tic business, were held to be a violation of the Brown Act. While the Charter require- ment concerning the place of holding meetings was controlling, it should be noted that such gatherings were held to be "meetings".within the decision of the Sacramento News- paper .Guild case discussed previously. Meetings of Councilmen with:other municipal, county or statewide legislative bodies or officials for the d iscussion of Matters of common interest. wherever held, were excepted..(Linton v.,:Cityy 'Council - 1$38 -Merced County:, Superior Court No. 37039) A number of procedural. rules'also are laid down in the Brown Act. It requires that. the time and place of regular meetings be set by ordinance, resolution, or hy-laws.. A e regular meeting falling on a holiday is to be held on`:the.next'business`day. Irs case of an emergenc;:, the presiding officer may designate another meeting place (Sec. 54854) Any type of meeting may be adjourned to a time and piece specified, or by the clerk or secretary zn :he absence of all members, in which case written notice must be given in the same manner as provided'for special meetings. A copy of the order or notice of adjournment is required to be posted at the place.where the meeting'was held within 4 hours thereafter: If the order fails to state the hour at which the adjourned°meeting '.s tc be held. it shall be held at the hour Specified for regular meetings (Sec. 54955) A .ai':ng may be cant ed.in the same manner as a meeting may he adjourned, but if it irR continued less than 24 hours after the time specified in the order or, notice of hearing, a ccp;; of the continuance order or nonce alum be posted immediately following,the meet- . ° .i.Sec- 54955 .1') Notice of a special meeting, which may be called by the presiding officer or a -r°.alority of the members, `.s x°eu«ired to be delivered personally or by each :rember and to earl local'new;-:vaper., radio,' orteleviaion station which hail requested.+ notice 'n Availing, at least 24. Ih > +ra prior to the t.me of the speiuial meeting The 1 ;. 280 • business to be transacted meet be Specified in addition to the time and place, and no • -,tit, r business may be considered. Written notice may be dispensed with as to any wetnlu'r who files a written'waiver or'notice at or prior to the time or the special mottling.. .. Any *aivu t may he given I,y telcegram, Written notice may be dispensed with as to•uny member who is actually present when the meeting convenes (Sec.°, 14958) . The required notice to news media.of special meetings- must be actually delivered at leaet 24 hours before the time of,Ruch Meting to. y oere-media who have requested notice in writing. Deposit of such a noti i. ce in°the . il,•is;not sufficient 4000. Cal. ° - Atty. Gen. 248 - 1970) Any property owner within a District (but not a city). may request:in writing mailed . notice°of every regular'or,s$ecial Meeting (Sec. 54084,1).. .The detailed ... uirements to be complied with try.tie District are ee forth in the statute. The right to notice of special Meetings has been strongly upheld,. As early as 1858 the State Supreme Court (County of .Eldon:do v. Reed - 11 C 130) held that-the business of the Supervisors is required.to # ,d aktWVOttitar:.meetinippArOisled'by law, and the public is entitled.to tootire°oft t sitiees la o to be transentid at special e . meetings,. . • • The press may require twenty-four hours advance notification of any special meeting - of the whole public agency, but such notice is.not required as:to any regular or adjourned regular meeting ,The minutes.of a.r ular or: specs$ rneetltag,of the leOgitatkite body of ° a local public agency re public reper s en.to:i - ; cot (3.2 opts: C . .G , 2 1958) .. MISCELLANEOUS PROVISIONS • In 1970 the State Legislature added several provisions to the Brown Act. • Every local agency within the purview of the Brown:Act is forbidden from conducting any meeting, conference; or other function in any facility that prohibits<the admittance 4of any person, or- ,eraon on,the basis•.of race. religious careed colon, one ancestry, or sex' ( ection 84981) . -° In the event that any meeting is willfully interrupted by a group or groups of per- eons so as to render the,orderly conduct of.such meeting unfeasible and;.order.cannot be restored by the.removal of individuals who are, willfully,interrupting the..,a)®eting, the members,of the-legislative body conducting the meeting may order the meeting Broom cle d and continua in session. . Only matters°appearing on t o.agenda may be considered in such a session . Duly accredited representatives of the press or other news media, except those participating. in the dieturbance, shall be allowed to attend any session held pursuant to this section. • Nothing in this section shall prohibit the legislative,body from establishing a procedure for readmitting an individual or indxvi u ►1 not..resp ble for. willfully•4isturbing the. orderly conduct of the meeting" .(Section ! 807. ,y A : .1975 ^12 ` g � • 281 Jf ` el "4.fil TY OF HLJ NTINGTO 3EACH ' .�: ...0INTER-DEPARTMENT COMMUNICATION riN lit'NTlNfiloN ill4CN - - - FLOYD G . BELSI.T0 To Acting City Administrator// From City Attorney • Subject City Reimbursement for Date June 29 , 1976 Expenses of Counci 1person' s Spouse You have asked for the City Attoruey' s opinion ,respecting the legality of reimbursing the expenses of the spouse of Council member when attending a function whose cost when incurred by the Council member is reimbursed by the. City . With respect to the Council member, reimbursement is authorized under Section 502 of the City Charter on order of the City Council for council-authorized traveling and other expenses when on official duty upon submission of itemized ' expense account therefor. Therefore, if a Council member attends a dinner meeting or other function "on official, duty" as a• member of. the City Council , such expense is reimbursable upon submission of itemized expense account therefor . These expenses should be submitted in summary form to the City Council for approval once each month as required by proposed amended Section 2 . 28 010 of the Huntington Beach Municipal Code . There is rio provision in the Ci..t;y Charter for reimbursement of expenses of the Council member' s spouse even when said spouse accompanies the Council member who is on "official duty" as such. We find no clear authority for reimburserrient of expenses of Council member' s spouse and although It; is not entirely free from doubt, it is our conservative opinion that such reimbursements would not; be valid inasmuch as they probably constitute a "gift of public funds" . . . Respectfully submitted , DON r . BONFA City Attorney DPP:er • 39. 282 ' 1vri 1 !Ai' WI kJ 11 J 1 I1 lJ1' IV1IU ill 1\1!.1 rlJ4 1. YY V:1'.r ,l%.".c1I10 , 839 - 17th STREET, N.W. ‘41i WASHINGTON, D.C. 20006 12021 347-7996 Nary Itiiir ON TM . PRESIDENT 0 O�y_'EUGENE N.COLLINS ;� fii, City Attorney V Tn ;hattsnooga,Tennessee wo.tst VICE PRESIDENT r1�1 1 f9rG T CONARD B.MATTOX,JR. • City Aftorhfy Richmond,Virginia CI - - July 9, 1976 2nd VICE PRESIDENT r4TTORtt° - ' HERBERT P.GLEASON Don P. Bona Corporation Counsel Boston,Mnsseetrutetts City Attorney 3rd VICE PRESIDENT P.O. Box 190 THOMAs EMMET WALSH Huntington Beach, Calif. 92648 City Attorney - - Sportenb,ra,South Carolina . Dear Don: TREASURER ' ' - . ENRY W.UNDERHILL,JR. City Attorney This is in response to your inquiry of July ,1 as to Ctierlotte•'North Carolina whether a City may legally pay .the expenses of a spouse GENERAL COUNSEL of a city official who is being sent at city expense to CHARLES S.RHYNE Washington,o.c. a .work-related conference. TRUSTEES: Although we were unable to find .any case law in point, N.ALEX BICKLEY the general principle - governing public purpose expenditures City Attorney Orgies,Texas seem to support your conclusion .that such expenses could SAMUEL GORLICK not be justified as necessary for "municipal -affairs. " City Attorney .' Burbank.California.. A Minnesota court has succinctly stated the generally AARON A.WILSON accepted law concerning expenditures for' public purposes. City Counselor Kansas City,Missouri to NO JOHN OEKKER "The state or- its municipal subdivisions or city Attorney agencies may expend public money only for a pub- Wichita,)(rotas lic purpose. ' A 'public purpose' is such an ac- BURT.PINES • tivity as will serve as a benefit to the coin- • City Attorney munity as a body and. which, at the same time, Los Angeles,California is directly related to the functions of govern- JAMES B.BRENNAN ment. A legislative declaration of public pur- City Attorney Milwaukee,Wisconsin pose is not always- controlling. In the final WALDO F.BALES analysis , the courts must make the determine- City Attorney tion. The mere fact that some private interests• . Tulsa,Oklahoma may derive an incidental benefit from the acti- W.HERNARD RICHLAND vity does not deprive the activity of its pub- Corporation York ounoel New York. Newlic nature if its primary purpose iS public. On the other hand, if 'the primary object is to pro WILLIAM'R.OUINLAN mote some private end, the expenditure is ille- Corporation Cnunlel Chimp, Illinois gal, although it may incidentally, also serve • S.G.JOHNDROE,JR. some public purpose.." Port Authority v. - Fisher, city Attorney 269 Minn. 276., 132 N.W.2d 183, 192 (1964) . See Fort Worth,Toms • also Visina v. Freeman, 89 •N.W. 2d 635 (Minn., 1958) ; J. LAMAR SHELLEY City of Prpestone v. Madsen, 178 N.W. 2d 594 (Minn. City Attorney • 197�l Mesa.Arizona 1970) . BENJAMIN L.BROWN City Solicitor A California court concluded that "payment of the ne- Beitimon,Maryland •cessary expenses incurred by the duly delegated officers and employees of the city of Roseville - in attendi:+g the annual conference of the League of California Cities, will consti- 11 I m ® tute a lawful disbursement of municipal funds• for a public `" " """"°""""""" purpose. " City of Roseville v. Tulley, 131 P. 2d 395, 40D ' Don. Bonfa -2- July 9, 1976. (Cal. Ct. App. 1943) . The public purpose served by attendance of city officials at this conference was . that of improving the admini- stration of municipal affairs. Certainly, this same public purpose . would not be served by the attendance :of city officials'. spouses. Thus, accepting the orthodox view that some .pub1i .. purpose is ne- cessary to justify expenditure .of public funds, . it is our conclu- s idn that the expenses of the spouses of city. officials cannot le- gaily be paid by the City. If we can be of any further assistance; please do not hesitate to call upon us. Sincerely,( I: L Charles S . Rhyne General Counsel CSR:PA:jj 41. 284 Nitme OFFICE OF` THE CITY ATTORNEY. OPINION NO. 76-pro 29 July 1976. . SUBJECT: City Council/Department Head Retreat---Brown Act REQUESTED BY: City Administrator PREPARED BY: City Attorney QUESTION: Would you please provide an opinion as to the legal ramifications and/or steps necessary for the Council/Department Head retreat to be. held. Because of the fact that the retreat is scheduled to be held out of the city, could there possibly be a problem with the Brown Act? ANSWER: A City Council/Department . Head Retreat may be held out of the City but it. is .subject to the Brown Act . DISCUSSION: You have orally explained that the purpose of the retreat is "team building" and to study "the policy framework for the five-year budget . " No action will be taken at the retreat . Personnel Director Edward Thompson has told me the retreat is tentatively planned for two days and one or two nights at some as yet undetermined place in Orange County. We a nume the retreat has a "municipal purpose . The City Charter •reco-,nizes only fornal meetings, i.e. regular meetings, including ad3ourned regular or re-adjourned regular meetings (Section 506 City Charter) and special meetings (Section 507 City Charter) of the. City Council. The City . Charter provides that all "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, and shall be 42. 285 ;OFFICE OF. THE CITY ATTORNEY July 29., 1976 Opinion No. 76-40 . . . : . Page 2 _ 111 open to the public . (Section 508 City Charter) . The City Charter contains no definitions of the term "meeting" . It is the opinion of the. City Attorney that -Section 508 refers. only. to the kinds of meetings . specificaliy mentioned in° the City Charter, - namely, regular meetings '(including. adjourned regular or re- adjourned regular- meetings ) under Section 506 and special meetings under Section. 507, arid_ all informal meetings such as. . study sessions, conferences, retreats, etc ma.y •be held at any place either within or outside the. City a's hay be ' designated by ' the City Council provided they are open to the public if they are .so required to be under the Ralph :M,. Brown Act.. - The City Charter contains its own "Little Brown-Act". in Section 510, which .provides ," in relevant part, that "all. regular .and special: meetings of the City Council shall be open and. public _ . '! (Emphases added),-. with• exceptions to allow executive ses- - :ions as designated in said Section 510. Thus,- in Our opinion, .section 510 City Charter (Citizen Participation) applies only to formal ("regular" and.. "special") meetings Of the City Council and" oes not apply to informal meetings. ' Although the Ralph M. Brown Act, Section 54950) et seq. California • Government Code, does not contain :a definition of .'meeting", the definition has been provided by court decisions and Attorney General's opinions . The following excerpt from the pamphlet - Issued by the Office of the Attorney. General entitled "Secret Meeting Laws Applicable to Public :Agencies" (Revised; • April 1976) at pages '12, 13 and .14, discusses "what is .a 'meeting?-" • . "What Is a .,Meeting?• "The question• of what constitutes a meeting within. the-let- sometimes may. present a difficult ' question. Of .course, no problem exists as to . • . . 'regularly scheduled and duly noticed _regular and . , • special meetings of a legislative body. The..prob- lem arises as to informal meetings. of a majority. ' of - the members of a 'board'. Such a meeting may have varying purpoees and characteristics. It is ' significant to note that the Act itself does . not define the .term 'meeting' . "In a published opinion of this office written in 1963 we expressed the view that so-called 'informal', ' 'study, ' 'discussion, ' 'informational, ' .'fact finding, ' or 'pre-council' gathering; of a .maj'ority of the members of a board probably fell within. the scope of the Act as 'meetings ' whether : . or .not the individual members intended to or • even took any action at such a ,gathering. 42 Ops . . - Cal. .Atty. Gen.' 61 (1963 ). • 286 43 . simw OFFICE OF THE CITY ATTORNEY Jule. 29, 1976 Opinion No. 76--40 Page 3 "In 1964 we held that regularly scheduled luncheon meetings by the members of one or. more city councils with representatives of certain civic associations for the purpose of discussing items such as school: and air- port problems and other items of .public im- portance fell within the Act. We pointed out, however, that our opinion was not to be con- strued to prohibit legislative bodies from mere social attendance at luncheons and dinner.s such as are often given by fraternal groups such as the Rotary Club or ICiwanis. 43 Ops . Cal. Atty. Gen. 36 (1964) . See also I.L. 71-122 to the same general effect . "The courts have specifically held that the. Act now applies to informal . meetings . In Sacramento Newspaper Guild v. Sacramento County Bd of Suprs . , 26'3 Cal. App . 2d 41 (196B) , the court held that a luncheon gathering which included five county supervisors, the county counsel, county executive, county director of welfare and certain union - offi-- cers to discuss a strike which was underway against the county was a meeting within the Act, and therefore newspaper reporters were improperly me excluded. The court 's language at pages 50-51 of the decision is an excellent summary of the reasoning behind its decision. The court stated : 'In this area of regulation, as well as others, a statute may push beyond debatable limits in order to block evasive techniques . An informal conference or caucus permits crystallization of secret decisions .to a point just short of ceremonial acceptance. There is rarely any purpose to a nonpublic pre-meeting- conference except to conduct some part of the decisional process behind closed doors . Only by embracing the collec- tive inquiry and discussion strt2res, as well as the ultimate step of official action, can an open meeting regulation frustrate these evasive devices . As operative. criteria, formality and informality are alien. to the law' s' design, exposing- it to . the very evasions it was designed to prevent. Construed in the Light of the Brown Act's objectives, the term 'meeting' extends to informal sessions or % conferences of the board members designed for the discussion of public business . The Elks Club luncheon, attended by the Sacramento County. Board of Supervisors, was such a meeting. ' 44 . 287 OFFICE OF THE CITY ATTORNEY July _ 29, 1976 Opinion IO. 76-40, _ Pale 4 I/ . "Thus, meetings include informal gatherings where the public 's business is discussed as . . well .as formal Meetings , " It appears that,, and,. - in the opinion of the .Citr Attorney, . a City Council/Department Read Retreat falls within the broad purview of the, term "Meeting", as- used in the -fir. own Act, but does not constitute a meeting under the City Charter. Thus., informal, :as distinguished from formal meetings, are subject to the Ilrown. Act but not to the City Charter. . .Under the Brown Act, _ all meetings of the legislative body of . . a local agency shall be open and 'public and .all persons shall ' be permitted to attend any meeting of the legislative body . of a local .agency, except as otherwise provided in the Act- . (Section 54953, California Government Code) . However, the Brown Act -cities not require that Meetings of the legislative body 'of ' a local agency be held within the - boundaries of the territory over..which the local agency exercises jurisdiction, unless otherwise provided 'for in the Act under which the local agency.-Was formed. ' (Section 54954 , California Government Code) . The Brown Act further provides that the legislative body of 3 local agency shall provide, by ordinance, resolution, bylaws or by -whatever other rule is required for the conduct of business . by that'body, the time for holding regular meetings... (Section 54954, California Government Code) . . The City Charter by Section ' 506 provides that "City Council shall hold regular meetings at . least twice each month .at such times 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 . .:. . " The time and place of regular council meetings . is fixed by Resolution No. 4161 (l4ovember 1.7, 1975) which provides that ..regular council meetings - "shall be in the City Council Chambers on the first and . third Mondays of each month at 7: 00 p.m. "except where a meeting falls on a holiday it shall 'be held en the next business day.. " A .City Council/Department Head Retreat is not a regular or special meeting of the City Council tinder the City Charter and therefore need not be held within the City limits of Huntington Reach, however, ' it' does fit the broad scope of the term "Meeting" under the Ralph M. -Brown Act and therefore, must be open to the public . '. The times, dates and place :of the City Council/Department Head Retreat must I he announced at a regular meeting of the City Council to enable the public ' 'and the press to attend the retreat . . ' The- following requirements should be observed; 1. The retreat shall not constitute a regular or adjourned . regular- meeting or a special 'meeting of the City Council. .It - r, must not be a formal meeting. 2-. There shall be no "action taken" as defined in Government 288 45. . . . OFFICE OF THE CITY ATTORNEY - July 29, . 197.6 Opinion ,do. 76--L10 paF e 5 . :Code Section 511952.6, which .reads: ". .collective :decision made by . a. majority of the members of a - legislat.ive body,- a collective 'commitment or promise by a majority of the members Of a' legislative body to make a .positive or neative decision, • or an actual -vote by a majority of the .members of.. a- legislative body when sitting as a body or entity, upon a ' motion, proposal-, . - resolution,' order, or ordinance. " If. "action" were to be taken, the. meeting would in fact be "forMa1" and` subject to ;the City Charter. - "Deliberation" at the retreat is inevitable and is permitted inasmuch as the retreat will be open to the public and under the Frown Act need not be held within the City of IIuntington Beach-. Study :or deliberation without action would not appear to violate the. City Charter ..if no. regular, adjourned or special Meetinz, as• 'classified in the Charter, is involved.. The reason for this is that Section 511 of the City Charter provides that no ordinance shall be .adopted by the City Council at and' time "other than at a regular or adjourned regular meeting" nor shall. any "order for the payment. of money be adopted . or .made _in any:- other than -a regular -or adjourned regular meeting. ". Although .not 'expressly.: stated :in the Charter, it is, :the opinion of the City Attorney that no resolution of the City Council tmay. be introduced or adopted at any but regular or adjourned regular. meetings. There appears to be no City Charter prohibition against study. '.sessions or • informal sessions or retreat's at• which no 'action" :is taken. CONCLUSION: 1. A City Council/Department' Head Retreat at which no "action" is taken, held outside the City 3s not a 'violation of the City Charter because it is neither a regular or adjourned, or special meeting of the City Council. . It is an informal as distinguished from a formal meeting. • . 2. . The City's "Little. Frown Act", Section 510 of the City Charter. (Citizen 'Participation) , does not prohibit such retreat because said section . is -limited to "regular and special .meetings of. the City Council:. " 3. The Ralph M. Brown Act does apply to such retreat by reason of the broad scope definition of "meeting;"- which has .been grafted upon the ]3roWn- Act by court decisions and . At.torney_ General's opinions . The Brown Act itself contains no definition ofthe • tern "meeting. "' . • 6 , 2s9 OFFICE OF THE CITY ATTOINEY July 29, 1976 A Opinion Ho. 76-40 Page 6 4. The Brown. Act does , not prohibit the City from holding 111 meetings outside the City. The City Charter does not require informal meetings to be held within the City. The renuirenent of the City Charter is that formal meetings must be held within. the City limits. 5. Inasmuch as the out-of-town "retreat's is subject to the e Brown Acta its times, dates and place must be announced at a regular meeting of the City Co;zncil and it must he open to the public and the press . Although probably not technically required, ' we advise -that notice be given pursuant to Section 54956, California Government Code. 6 . The reason why no "action" may be taken at an out--of-town retreat is not because of the Prawn Act but because If "action" Were taken the retreat would de facto become a formal meeting of the City Council and thus, the City Charter requirement that ' such formal meetings be held within the City limits would apply. 7. We recommend that discretion be used and that in order to avoid criticism, the retreat not .be held at a place so distant from the City of Huntington. Beach .as to create undue hardship upon attendance by the public or press. 8. City Attorney Memorandum Opinion dated May 21, 1973 is superseded by this opinion. Respeotf ugly submitted, ‘.171( X444 ''''' :_)OIJ P. I3ONFA City .Attorney f . DPB.er • • • 47 . 290 . • !r. ..Tehn :.4. Powers City Attorney . ' City of Vn1leJo City Hall, ' . . Vallejo, California .94590 Re: Your letter of May 23, 1973 . Procedure for Handlinr„ . • Executive Sessions of City Council ' Dear „r, Powers : Thee policy described in your letter has never been . formalised nor has it been put in writing;..' Z. had suggested ° - to 'the then Mayer and the City AdminAstrator that .a policy be developed for the conduct' of executive sessions. 'Nothing further was done except that the City Administrator and I diseuaseci the nutter and it was informally agreed that he would submit to .me for prior approval 'all topics to be D covered in council executive nesalonn. Thin , I think, ' _ is ii• large. step 'in the right direction. • . ..M,y idea of what the .policy . should be in this. regard _ I very Simple and I will outline it an •follows.: • . • 1. '. .ache ,City, Admini: :tra.tor' s3hou1d aubmi t to. the - Cl.ty Attorney n wri ttern s.genda for pnch council executive :session -for prior approval by the City Attorney in': terren of - - . the Ralph -tit.. brown Act , court debisian3 and other: l.Oral - sources 0. . 'the Attorney feneral 'n Pamphlets , City - ' Attorney Opinions , City Attorney Department Conference ' papers, etc.). _ - -- P. The City Attorney should lbe prebent in the r:eeting room during all council executive sessions . `7'hirs Will '►dive the Mayor, who it presidinr as chairman of the neetinrr, legal counsel on .whether or not the council is toeing the mark • with reference to the Brown Act. • 3. . .Written minutes should be kept of all. matters dia-� . cussed in the executive sessions. Such minutes should he . kept by the: City Clerk . end retained in an executive folder in the City Clerk 's 'vault. The purpose of the 'minutes; of course, is to make certain that matters discusied and deci- sions reached in executive session are reported scdurately . ....• The human Memory' is a frail instrument'. . 48 ,• . 291 • ' 1 ‘ 01 ' . k. , "1r. John .”. .., sod - ”fly 2n , I973• ' Re: " our leNover of !'ny 23 , 1973 '.. ' rage 2 ooedure for Handlinr .P.x.eputive $estiOnn Of City • .. , . II/ Council 4-. When • the City Attorney advises. the: Mayorthat . ' the Council la discussing a matter which shduld' not be discussed in executive:session pursuant t the Brown Apt, the Mayor should order the Council to- di-agent:Inge such :die, cussion and to retUrtito legallY_Pertaitted torten . ' . All persons present at the executive sension, . . • including the members of Council. CitY 'Administrator„ City ('''' ) Attorney, oty clerk, and otheretafr Membert4: should res- . peat the executive :naturouor the I0eeting and all mattera,' • : . disOUseed ' therein and, should not reveal any' .executive Matters to theprees ror anyone else without Orst obtaining Prior . \s,9 Per:40840n o! the City Council. . , . . .. The number 00 executive sessions ahOuld be Uept ,-----,, to a minimum. i.e".• 1 . . ...- 7. -The Council thould Fo into executive session only ' from and during a cOundil: meeting -. (lt it MY Pof4tiOn that. ' any council: meeting it sufficient for thin 'nurpoSe Whether 2/. regular, adjourned -or spepial) . . . , . '''.!' • . a, /n annoOpping that the Council will recess to exel- i .- n ' cutive session. the Mayor should indicate what the executiVe .-. F y Remsion in beinr, called for. This may be done in general terms, such ans "to discuss litigation" or "to discuss Oersonnel matter " . IA my opinion, it in not nepetsa&-fer:thi Mayor to announce publicly the exact topic by titipo thusi , it is not necOSSary. for the Mayor to say: "to diadunall.WAtion .. ,:. I.nVolvin -the Obe v. CitY -Prisev- 'Or "to diaoust' pertOnnel Matter - involving sane pmithl , ' To be that speeifie it peems to. me,' nay reveal too much informstion 'mhich the law does not require and mat. give the prOaa loads to f011ow, up in ordpr : . to. 1)2,00 the Curtain of Secrecy which in proper matters PerMittOO 'by the Brown Apt . . . • . . T. trust the above 'infermation will he of help to you and ir )/por city develops a policy -,on the subject of executive seSsions, please tend a copy to the undersirned. Very truly your , . . DON P. BOVA . ,City Attorney . . Onter . , . . . 0.0. rayor Jerry A. ratneY David D. Rowlands, City Administrator . . . . . . . . . 49, 292 . . . . . _ . . . . RESOLUTION NO.° 4283 A RESOLUTION OF THE :CITY COUNCIL OF THE CITY OP HUNTINGTON: BEACH ADOPTING A CONFLICT OP INTEREST CODE APPLICABLE T'O THE MEMBERS .OF- . THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 10.74` THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESOLVES . AS FOLLOWS.: SECTION 1,, ADOPTION OF CONFLICT OF INTEREST CODE. In 'compliance With §87300 of the Government Code, the City Council hereby adopts this Conflict of Interest Code. SECTION 2. -_ APPLICATION OF CODE. This Conflict° of Interest Code. shall be applicable to members of the City .Council. . SECTION: 3 ° DISCLOSURE. Members :of. theCity Council are required, °pursuant to Government .Code §8' 200, to _disclose invest- ments , -interests in .real, property' .gnd;' income. No other or no additional disciosure 'requirements are imposed by this Conflict of Interest' Code. - . . SECTION 4 . CIRCUMSTANCES REQUIRING DISQUALIFICATION. Any member of the . City Council, whether acting as a Council member or as governing, board member or commissioner of. any city agency, in- cluding ' the following: .City of Huntington Beach`Redevelopment Agency .parking Authority of the City of Huntington Beach must disqualify himself or herself from making or participating in the making of any decisions which will f'oreseeably have' a material financial effect , distinguishable from its effetst on the public generally , or any financial interest, as defined; in Government Code §87103 . No member shall be prevented -from -Making or par- • ticipating in the making of any decision to the . extent his or her participation is legally required for the decision to be made. DPB:bt 50• .293 IISECTION 5. The City Clerk is directed to forward a cer- tifled copy of this resolution to the Fair Political Practice Commission. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th - . of AWPat. , 1976, , , , or .:. ATTEST: eZe;j* 1,i11. 044C/ . J6 ' City Clerk .' APPROVED AS TO CONTENT:. APPROVED AS TO FORM . ..."' ' 4r. / ': ' • . Wg”4. 2..... -,.••-• - _ i Adm n1.rator:: City ttorneye„,. APPROVED, INITIATING DEPARTMENT: NO FISCAL IMPACT FISCAL IMPACT -- BUDGETED FISCAL IMPACT -- NOT,BUDGETED REQUIRES FINANCIAL IMPACT REPORT , DPB:bt 294 %tad kid No, 4283 w'1'M E or CALIFORNIA ) WO' COUNTY of ORANGE ) se: re, CITY OF IU TUOTCN BRAG$ ) I, ALICIA K. =soft, the duly sleeted, qualified City Clerk of the City of Huntington Beach, and ea-officio Clerk of the City Council of said City, do hereby certify that the whole number of herd of the City Council of the City of Huntington Beech is seven; that the foregoing resolution Vos peopled and adopted by the Affirmative vote of more than a majority of all the =Where of said City Council at a regular _ meeting thereof held on the x6y4 , day of Augye , 19 /6 , by the following vote: AYES: Councilmen: rlett, Pattincon, .Siebert. ObrAmen, Wieder NOES: Councilmen; Non* we ABSENT: Councilmen: Coen, Gibbs • 6ateire.tot City Clerk and en-officio Clerk of the City Council of the City of Huntington Beach, California • 295