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HomeMy WebLinkAboutCity Council - 6085 RESOLUTION NO. 6085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED COUNCIL MANUAL BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby adopt a City Council Manual, revised 1989, 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 may relate only to the sections amended. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 13th day of November 198 Mayor ATTEST: APPROVED AS TO FORM: City Clerk ��3- City Attorney APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: Mayor 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 and Limitations of the City Council 1 . 01 . 05 Duties of the Mayor 1 . 01 . 06 Duties of Mayor Pro Tempore 1 . 01 . 07 Compensation of Councilpersons 1 . 01 . 08 Statewide ballot propositions 1 . 01 . 09 Appeals of Planning Commission Decisions 1 . 01 . 10 Guidelines for councilpersons representing city at conferences or other such meetings Chapter 1 . 02 , CODE OF ETHICS 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 MEETINGS 1 . 03 . 01 Time and place of council meeting 1 . 03 . 02 Special meetings 1 . 03 . 03 Public input . Chapter 1 . 04 , PARLIAMENTARY PROCEDURE 1 . 04 . 01 Roberts Rules of Order, Newly Revised 1 . 04 . 02 Parliamentarian 1 . 04 . 03 Motions 1 . 04 . 04 Vote required -- Nonemergency 1 . 04 . 05 Emergency ordinances 1 . 04 . 06 Adoption of ordinances 1 . 04 . 07 Reading of ordinances 1 . 04 . 08 Alteration of ordinance after introduction 1 . 04 . 09 The vote 1 . 04 . 10 Division of question ( "split vote" ) 1 . 04 . 11 Tie votes 1 . 04 . 12 Nomination and election 1 . 04 . 13 Rights of Mayor 1 . 04 . 14 Quorum 1 . 04 . 15 Ralph M. Brown Act 1 . 04 . 16 Fines , penalties and franchises i Chapter 1 . 04 , PARLIAMENTARY PROCEDURE (continued) 1 . 04 . 17 Other actions 1 . 04 . 18 When minute action is a resolution 1 . 04 . 19 Minute actions 1 . 04 . 20 Motion to rescind 1 . 04 . 21 Motion to reconsider 1 . 04 . 22 Vote required on appellate matters 1 . 04 . 23 Appointments to boards and commissions Chapter 1 . 05 , ROLE OF THE CITY ADMINISTRATOR 1 . 05 . 01 Apointment and removal 1 . 05 . 02 Compensation 1 . 05 . 03 Duties 1 . 05 . 04 Non-interference with administration 1 . 05 . 05 Acting City Administrator Chapter 1. 06 , ROLE OF THE CITY ATTORNEY - 1 . 06 . 01 Term 1 . 06 . 02 Power and duties 1 . 06 . 03 Requests for ordinances and resolutions Chapter 1 . 07, ROLE OF THE CITY TREASURER 1 . 07 . 01 Term 1 . 07 . 02 Powers and duties Chapter 1 . 08 , ROLE OF THE CITY CLERK 1 . 08 . 01 Term 1 . 08 . 02 Powers and duties i 6085 Chapter 1 . 01 CITY COUNCIL 1 . 1 . 1 Rules of Office of Council persons . The Huntington 0 p g Beach City Council is comprised of seven (7) members elected from the city at large for terms of four (4) years . Election of City Council members is staggered into two (2) cycles . Four (4) Council members are elected at one general municipal election, followed in two (2) years by another general municipal election where three (3) members are elected, and so forth. Elections n h first T in November . The term of a City are held o the rst Tuesdayy Council member begins on the first Monday after delivery of a Certificate of Election . (Charter § 300) 1 . 01. 02 Vacancies . A vacancy on the City Council for whatever reason shall be filled by appointment of the City Council . (Charter § 312) 1 . 01 . 03 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 convicted 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 § 312) 1 . 01 .04 Duties and Limitations of the City Council . All powers of the city are vested in the City Council , except as otherwise provided in the city Charter . (Charter § 301) 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 or resolution (Charter § 303) which is 7 : 00 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. (b) Calling special meetings by the Mayor or a majority of the City Council . (Charter § 303) (c) Administering oaths and affirmations in any investigation or proceeding pending before the Council, to compel attendance of witnesses , to examine them under oath and to compel the production of evidence . (Charter S 304) (d) Adopting ordinances and resolutions . (Charter § 500) -1- t OFFICE OF twu CITY ATTORNEY �-— P.0.Box 2740 �fcyp�T1 t'`�`� 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92647 OAIL HUTTON TELEPHONE City Attorney 1714)5366WS THE RALPH M. BROWN ACT Government Code Sections 54950 — 54962 1g89 Edition Section 54950. DECLARATION OF PUBLIC POLICY. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid In the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which 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 control over the instruments they have created. Section.5,4950.5. TITLE ,OF ACT. This chapter shall be known as the Ralph M. Brown Act. Section 54951: "LOCAL AGENCY.• As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. Section 54951.1. PUBLIC MEETINGS BY ANTIPOVERTY ORGANIZATIONS. For the purposes of this chapter, and to the extent not inconsistent with federal law, the term "local agency" shall include all private nonprofit organizations that receive public money to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964" (P.L. 88-452; 78 Stat. 508). Section 54951.7. "LOCAL AGENCY." "Local agency" includes any nonprofit corporation; created by one or more local agencies, anyone of the members of whose .board of directors is appointed by such local agencies and which Is formed to acquire, construct, reconstruct, maintain or operate any public work project. Section 54952. !'LEGISLATIVE BODY." As used in this chapter, "legislative body" means the governing board, commission, directors or body of a local agency, or any board or commission thereof, and shall include any board, commission, committee, or other body on which officers of a local agency serve in their official capacity as members and which is supported in whole or in part by funds provided by such agency, whether such board, commission, committee or other body is organized and operated by such local agent;, or by a private corporation. 12/31/88 6085 RCS:sg I. Section 54952.2. ADDITIONAL DEFINITION OF "LEGISLATIVE BODY." As use? this chapter, "legislative body" also means any board, commission, committee, or similar multi—member body which exercises any authority of a legislative body of a local agency delegated to it by that legislative body. Section 54952.3. "LEGISLATIVE BODY": ADVISORY COMMISSIONS, COMMITTEES, .OR. BODIES." As used in this chapter "legislative body" also includes any advisory commission, advisory committee or advisory body of a local agency, created by charter, ordinance, resolution, or by any similar formal action of a legislative body or member of a legislative body of a local agency. Meetings of such advisory commissions, committees or bodies concerning subjects which do not require an examination of facts and data outside 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 must be delivered personally or by mail at 'least 24 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting. If the advisory commission, committee or body elects to provide for the holding of regular meetings, It shall provide by bylaws, or by whatever other rule is utilized by the advisory body for the conduct of its business, for the time and place for holding such regular meetings. No other notice of regular meetings is required. "Legislative body" as defined in this section does not Include a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body. �) The provisions of Sections 54954, 54955, 54955.1, and 54956 shall not apply to meetings under this section. Section 54952.5. "LEGISLATIVE BODY": PERMANENT BOARDS OR COMMISSIONS. As used in this chapter "legislative body" also includes, but is not limited to, planning commissions, library boards, recreation commissions, and other permanent boards or commissions of a local agency. Section 54952.6. "ACTION TAKEN." As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative 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. Section 54952.7. GIVING COPY OF CHAPTER TO MEMBERS OF "LEGISLATIVE BODY." A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. MEETINGS TO BE OPEN AND PUBLIC. (a) All meetings of the legislative body of a local agency sha:' 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 this chapter. 2. (e) Approving city contracts or authorizing the City Administrator so to bind the city. (Charter § 613) (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 § 613) (g) Appointing the City Administrator and setting his compensation. (Charter § 400) (h) Removing the City Administrator by majority vote, except during or within ninety (90) days of a municipal election. (Charter § 400) (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 § 307) (j ) Providing by ordinance or resolution for the organization, conduct and operation of the various offices and departments of the city. (Charter § 401)' (k) Controlling all legal business of the city. (Charter 304) ( 1) Designating depositories for city funds . (Charter 311) (m) Fixing by ordinance or resolution amounts and terms of official bonds of all officials or employees . (Charter § 308) (n) Refraining from having any conflict of interest in any transaction of the city. (Charter § 313 , See Government Code 87100 , et seq . ) (o) Refraining from engaging in nepotism. (Charter § 313) (p) Appointing to and creating the various boards and commissions of the city. (Charter § 405) (q) Establishing by ordinance a comprehensive personnel system. (Charter § 403) (r) After public hearings, reviewing, considering and adopting the annual budget of the city. (Charter §§ 602, 603 & 604) At any subsequent meeting after adoption, the City Council may amend or supplement the budget . (Charter § 606) (s) Establishing by ordinance the procedure for assessment , levy and collection of taxes upon property within the city. (Charter § 608) -2- 6085 (t) Incurring bonded indebtedness for the city which does not exceed twelve percent (12%) of the total assessed valuation . (Charter § 610) (u) Providing for an independent audit of the city each fiscal year . (Charter § 616) (v) By ordinance, regulating the granting of franchises . (Charter § 615) 1 . 01 . 05 Duties of the Mayor . At the first meeting after any municipal election where a Council member is seated 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 § 305) The Mayor may call special meetings of the City Council . (Charter § 303) The Mayor may execute contracts on behalf of the city when the contracts have been approved by the City Council . (Charter 613) When 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 disability. (Charter § 306) 1 . 01 . 07 Compensation of Councilpersons . For their service to the city, Councilpersons shall receive a salary of $175 per month, and in addition shaall receive reimbursement on order of the City Council for council-authorized travel and other expenses upon submission of itemized expense accounts . In addition, members shall receive such other reasonable and adequate amounts established by ordinance as reimbursement for other routine and ordinary expenses . (Charter § 302, Huntington Beach Municipal Code S 2 . 28 . 010) Councilpersons shall also receive all fringe benefits granted to department heads of the city, and such fringe benefits shall be included in the annual budget . (Huntington Beach Municipal Code 2 . 20 . 020) -3- t (b) Notwithstanding any other provision of law, the legislative body of a local agency may use video teleconferencing for the benefit of the public or the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The use of video teleconferencing, as authorized by this chapter, shall be limited to the receipt of public comment or testimony by the legislative body and to deliberations of the legislative body. If the legislative body of a local agency elects to use video teleconferencing, it shall post agendas at all video teleconference locations and adopt reasonable regulations to adequately protect the statutory or .constitutional rights of the parties or the public appearing before the legislative body of a local agency. The term "video teleconference" shall mean a system which provides for both audio and visual participation between all members of the legislative body and the public attending a meeting or hearing at any video teleconference location. This section shall remain in effect until January I, 1994, and on that date Is repealed, unless a later enacted statute, which is chaptered before January I, 1994, deletes or extends that date. Section 54953. MEETINGS TO BE OPEN AND PUBLIC. 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 this chapter. This section shall become operative January 1, 1994. Section 54953.1. RIGHT OF MEMBERS OF "LEGISLATIVE BODY" TO GIVE TESTIMONY IN PRIVATE. The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony In private before a grand jury, either as individuals or as a body. Section 54953.3. REGISTRATION NOT REQUIRED AS A CONDITION OF ATTENDANCE AT A MEETING BY A MEMBER OF THE PUBLIC. A member of the publicshall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting Is to beheld, or Is circulated to the persons present during the meeting, It shall state clearly that the signing, registering, or completion of the documentation is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. Section 54953.5. RECORDING PROCEDURE. Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings on a tape recorder in the absence of a reasonable finding of the legislative body of the local agency that such recording constitutes, or would constitute, a disruption of the proceedings. Section 54953.7. ACCESS TO MEETINGS BEYOND MINIMAL STANDARDS. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access _to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an _. elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a .majority of the members are appointed by or under the authority of the elected legislative body. 6085 3. Section 54954. RULES-. FOR CONDUCT OF BUSINESS; TIME AND PLACE FOR HOLDING MEETINGS. The legislative body of a local agency shall provide, by ordinance, resolu_tion, bylaws, or by whatever other rule is.;required for the conduct of business by that body, the time for holding regular.meetings. Unless otherwise provided for in the act under which the local agency was formed, meetings of the legislative body need not be held within the boundaries of the territory over which the local agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake 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 as is designated by the presiding officer of the legislative body. Section 54954.1. MAILED NOTICE. .OF MEETINGS ON REQUEST; FEES. The legislative body of any district which is subject to the provisions of this chapter shall give mailed notice of every regular meeting, and any special meeting which Is called at least one week 'prior to the"date set for the meeting, to any owner of property -located'within the district who has.filed a written,request for such notice with the legislative body..- Any mailed notice.,requlred pursuant to this section shall-be.malted:at:least one week prior to the date.set for .the meeting to which it appiles:except;.that:the;°legislative body may give such notice, as-it deems practical of special meetings called less than seven days prior to the date set for the meeting. Any-request for- notice Jiled pursuant-Io` this section shall be valid for one year from the date on which It Is filed unless a.renewal request: is filed. Renewal requests for notice-shall!be filed within 90 days, after January;JI:iof'each..year: Any request for. notice, or renewal request, filed pursuant to this section shah contain a description of the property owned by the person filing the request. Such description may be in general ) terms but-shall be sufficient enough*.to readily identify such property.- 1- The legislative body may establish a reasonable annual charge for sending such notice based,on. the'estimated cost.of..providing such-a service. Section 54954.2 POSTING AGENDAS (a) At least 72 hours before a regular meeting, the legislative body of the local agency, .'or.:lts_designee . shall post.' an%agenda cdntaini'n'g' a 'brief general description of..each -ite.m of, business to be transacted or discussed, atthe .meeting. .. The agenda.shall specify the Ltime and location of the regular meeting and,shall-be posted In a location that- is free.ly .ac.cessible :to .members of .the public;:-:;No. action shall be takerl-.on any Item not appearing on the posted agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda -under any of the following conditions: I. Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. 2. Upon a determination by a two—thirds vote of the legislative body, or, If less than ,two—thirds of the members are • present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subdivision (a). 4. 1 . 01 . 08 Statewide ballot propositions . The City Council shall take no stand, either pro or con, with respect to any statewide ballot proposition. (Minute action, 19 April 76 ; Resolution No . 4344 , 26 Oct . 76) 1 . 01 . 09 Appeals of Planning Commission Decisions . The Council or any member may appeal any decision or requirement of the Planning Commission. 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 specified reasons . (Huntington Beach Ordinance Code §§ 9880 , 9881) No fee is required for appeals by a Council member . 1 . 01 . 10 Guidelines for councilpersons representing 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 : (a) Whenever possible, councilpersons shall represent the city as "instructed delegates by majority vote of the City council . " (b) 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 . (c) 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 . (Resolution No . 4366, 6 Dec. 76) Chapter 1. 02 CODE OF ETHICS 1 . 02 . 01 Purpose of code. The proper operation of democratic 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 conduct for all such officials . 1 . 02 , 02 Definition. The municipal officials and employees of the City of Huntington Beach, whether elected or appointed, are "public officials and employees" within the meaning of this code . -4- 6085 1 . 02 . 03 Responsibilities of public office . (a) Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations , recognizing that the public interest must be their primary concern. Their conduct 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 employees 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 confidentiality 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 record by the recipient . Any oral unilateral communication 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 city shall attempt to speak to the issue and avoid making comments for the benefit of the audience or the press . Chapter 1 . 03 COUNCIL MEETING 1 . 03 . 01 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 : 00 p .m. except where a meeting falls on a holiday it shall be held on the next business day. (Resolution No . 4161, 17 Nov 75) -5- 1 3. The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the Item, and at .the prior meeting the item was continued to the meeting at which action Is being taken. Section 54954.3 PUBLIC INPUT (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on Items of interest to the public that are within the subject matter jurisdiction of the legislative body, provided ,that no action shall be taken on any Item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, In the case of a meeting of a city council in a city or a board of supervisors in a city and county, the agenda need not provide an opportunity for members of the public to address the council or board on any item that has already been considered by a committee, composed exclusively of members of the council or board, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the Item, unless the item has been substantially changed since the committee heard the Item, as determined by the council or board. (b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each Individual speaker. Section 54955. ADJOURNMENT OF MEETING. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. if all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or.adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting Is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, It shall be held at the hour specified for regular meetings by ordinance, resolution, by law, or other rule. Section 54955.1. CONTINUANCES. Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the 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 less 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. 6085 5. , 7 Section 54956. SPECIAL MEETINGS. A special meeting may -be called at any time by the presiding officer of 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 member of`the legislative body and -fo each -local newspaper of general circulation, radio or 'teie'vision station requesting notice In writing. The notice shall-be delivered personally or by mail and shall be received at least 24 hours before the time of the 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 'these meetings by the -legislative body. , -•The­.wrltten notice , may be dispensed 'with- as' to any member who at or prior to the-time. the meeting convenes files with the clerk or'se'cretary of the legislative body a- written walver:,of notice. :The!.walver. may be' givan 'by telegram. The written notice may `also be dispensed with as to any member who is actually present at the meeting at the time It convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to m-embe'rs-of the public. Section 54956.5. EMERGENCY MEETINGS; NOTICE:' In the• case of -an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption. of public facilities, a legislative body may hold an emergency meeting without complying. wltfi either, the '24-hour' notice requirement or the 24—hour posting requirement of Section 54956 or both of the notice and posting requirements. For purposes of this section, "emergency situation" means any of the following: (a) Work .stoppage or other activity which severely impairs public health, safety,- or .both, as determined by a majority' of -the members of 'the legislative body. = r ` b Cr lin disaster which- severe) �Im' airs public health "safet O P p g Y_ P P y, or both, as determined by a majority 'of.the members of the legislativebody.' However, each' foci'I'newspaper' of`-ge"rieral 'circulation' and radio or television station' which has requested "notice ''of special' meetings pursuant "to 'Section 54956 shall * be notified` by the presiding"officer`of the legislative'body, or designet thereof, one hour prior to the emergency mbeting'�by telephone"and'all telephone, numbers provided In ''the most recent "request -of such`n_bwspaper or station -for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislattve body, or designee of the legislative 'body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of -fhe emergency meeting, the purpose of the meeting, and any action taken 'at the meeting is soon after the meeting as possible. Notwithstanding Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section. All special meeting requirements, as prescribed In Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception "of the 24—hour notice requirement. 6. 1 . 03 . 02 Special Meetings . Special City Council meetings may be called by the Mayor or a majority of the members of the Council, and the call and notice shall specify such time and place . (Charter S 303) 1 .03 . 03 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 . The Mayor , subject to appeal as a decision of the chair, may establish time limits for particular issues and individual speakers . Speakers shall fill out a form provided by the City Clerk and give it to the City Clerk prior to the meeting . No person may donate his or her time to another speaker . Chapter 1 . 04 PARLIAMENTARY PROCEDURE 1 . 04 . 01 Roberts Rules of Order , Newly 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, Newly Revised, " as it now exists or future revisions thereof, shall control . 1 . 04 . 02 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. 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, Newly 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. A few actions require more than four (4) votes . They include five (5) votes for zoning moratoria (Government Code § 65858 as limited by Charter S 501) , five (5) votes for a resolution to condemn property (C.C.P. §1245 . 360) , and five (5) votes for certain taxes or other measure whose principal purpose is raising revenue (Charter § 608) . For all other nonemergency ordinances , four (4) affirmative votes are required. In addition, four (4) votes are required for the making or approving any order for the payment of money. (Charter § 500) 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 urgency, may be introduced and adopted at a meeting if passed by at least five (5) affirmative votes . (Charter § 501) -6- 6085 i 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 500) 1 ,04 . 07 Reading of ordinances . At the time of introduction or adoption of an ordinance it shall be read by title only. (Charter S 500) 1 . 04 . 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 § 500) 1 , 04 . 09 The vote. The vote on all motions shall be by roll call , and may be recorded by electronic or mechanical means . 1 . 04 . 10 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 . 1 . 04 . 11 Tie votes . If a vote is 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. 1 . 04 . 12 Nomination and election. Nomination and election for the offices of mayor and mayor pro tempore 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 . -7- The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. Section 54956.6. FEES. No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Section 54956.7. CLOSED SESSION ON ISSUANCE OF LICENSE OR RENEWAL TO A PERSON WITH CRIMINAL RECORD. Whenever a legislative body of a local agency determines that it Is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record Is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an l applicant who has been denied a license challenging the denial of the license. Section 54956.8. CLOSED SESSIONS WITH NEGOTIATOR REGARDING PURCHASE, SALE, EXCHANGE OR LEASE OF REAL PROPERTY. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session In which it Identifies the real property or real properties which the negotiations may concern and the person or persons with whom its. negotiator may negotiate. For the purpose of this section, the negotiator may be a member of the legislative body of the local agency. For purposes of this section, "leasem includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.9. CLOSED SESSIONS REGARDING PENDING LITIGATION. Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. 6085 7. For purposes of this chapter, all expressions of the lawyer—client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer—client privilege for 'purposes of conducting closed—session meetings pursuant to this chapter. For purposes of this section, Aitigation shall be considered pending when any of the following circumstances-exist: -(a). An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (I) A ,point has been reached -where.;-ln the opinion•-of-;the legislative body.of the focal agency on;the advice of its legal counsel, based on- existing facts and circumstances, there is a significant exposure to litigation against -the local agency. (2) - ,based- -on existing. facts. - -and 'cIrcu'mstanc-es,- 'the legislative body of the local agency Is -meeting only-to decide whether a closed. session is authorized pursuant to paragraph (1) of this subdivision. (c) Based.' on existing facts and circumstances,'- the e-gislativ-e'body of the local agency has decided to initiate or is 'deciding whether to-initiate litigation; Prior- -to .holding a , closed session pursuant to this section, the legislative body of the local agency shall state publicly to which subdivision it is pursuant. If the session is closed pursuant to subdivision (a), the body shall state the title fi of or otherwise specifically identify .the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to--effectuate service of process upon one. or more unserved parties, or that -to .do so would jeopardize Its ability to conclude existing settlement negotiations:to Its advantage: The legal counsel.-of the legislative body of the local agency shall prepare and submit to the body a, memorandum stating the specific, reasons and legal authority for the closed session. If, the closed session is pursuant to subdivision (a), the memorandum shall Include the .title of.the litigation. If the closed session"Is pursuant to subdivision (b) or (c), the memorandum shall include the existing facts and-circumstances on which it is based. The legal .counsel shall-submit the memorandum 'to 'the body-prior to the closed session if feasible, and in any.case no later than one :week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 6254.1. For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, 'administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. - Section 54957. CLOSED SESSIONS. Nothing contained in this chapter .shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective 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 from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. The legislative body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. 8. (b) Any member may nominate any other member, no seconds being required, and nominations shall be open until _a motion to close shall be adopted. (c) The vote shall then be conducted on the nominees and if no nominee secures a majority of votes cast, a vote shall be taken on the two nominees with the highest number of votes . (d) All votes on nominees shall be by roll call and may be recorded by electronic or mechanical means . (e) No write-in votes shall be counted and any such write-in votes shall be considered as a failure to vote. (f) In the case of a 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 cast 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. (j ) 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 year and until such time as their successors have been elected, qualified and installed . The annual election of the mayor and mayor pro tempore shall be held at the first regular meeting following delivery of a certificate of election, or, in years when no general or special municipal election is held, at the second regular council meeting in November . 1 . 04 . 13 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 . -8- 6085 1 . 04 . 14 Quorum. A quorum for all meetings of the City Council is four (4) councilpersons . 1 . 04 . 15 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 . (Government Code S 54950, et seq. ) A copy of the Brown Act is found in the appendix to this manual . 1 . 04 . 16 Fines , 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 S 500) 1 , 04 . 17 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 . 18 When minute action is a resolution. In all situations where an 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 resolution for all purposes , and such action shall not fail merely because it lacks the form or title of a resolution. 1 , 04 . 19 Minute actions . 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 . (See S 1 . 04 . 04 for requirements of higher votes . ) 1 . 04 . 20 Motion to rescind . A motion to rescind a minute action without advance notice requires five affirmative votes ; with notice (in the formal Council agenda) the motion requires four affirmative votes . 1 , 04 . 21 Motion to reconsider. A motion to reconsider, when appropriate under Roberts Rules of Order, Newly 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 -9- For the purposes of this section, the term "employee" shall not include any person elected to office, or appointed to an office by the legislative body of a local agency; provided, however, that non—elective positions of city manager, county administrator, city attorney, county counsel, or a department head or other similar administrative officer of a local agency shall be considered employee positions; and provided, further that non—elective positions of general manager, chief engineer, legal counsel, district secretary, auditor, assessor, treasurer, or tax collector of any governmental district supplying services within limited boundaries shall be deemed employee positions. Nothing in this chapter shall be construed to prevent any board, commission, committee, or other body organized and operated by any private organization as defined in Section 54952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appointment, employment, evaluation of performance, or dismissal of an employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. Such body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being Investigated by the legislative body. Section 54957. 1. PUBLIC REPORT OF EMPLOYMENT DECISIONS. The legislative body of any local agency shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken, and any rollcall vote thereon, to appoint, employ, or dismiss a public employee arising out of any closed session of the legislative body. Section 54957.2. MINUTE BOOK. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have .occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5 AGENDA AND OTHER WRITINGS AS PUBLIC RECORDS. (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by a member, officer, employee, or agent of such body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) as soon as distributed, and shall be made available pursuant to Sections 6253 and 6256. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7. 9. 6085 (b) Writings which are public records under subdivision (a) and which are distributed prior to commencement of a public meeting shall be made available for: public-inspection upon request prior to commencement of such meeting. (c) Writings which are public records under subdivision (a) and which are distributed during a public meeting and prior to commencement of their discussion, at -such meeting shall be made available for public Inspection- prior to commencement of, and during, their discussion at such meeting. (d) A ritings which are public records under subdivision (a) and _which. are: distributed-during their discussion at a public meeting shall be -made,`aval'lable for. public inspection immediately•or-as soon thereafter as Is'practicable: (e) Nothing In• this section shall be construed, to -prevent: :the legislative,body .of,ia.local agency from charging a fee-or deposit for a,copy .ofra;•.public record pursuant ito Section 6257. The .writings described In subdivisions, (b); (c).; and (d) are subject­to t the.',.requirements- of .�the--California > Publlci 'Records -'Adt_, (Chapter 13.5 (commoncing with Section 6250); Division 7,= Title 1), and subdlvlsions-(b), (c),=ar d'(d) shall not be construed -to ie'xempt from public inspection any recor-d covered by-,that act,"''or to Ilmlt the,pubild's-•righl to Inspect any record= required to be disclosed'- by 'th4t 'ac`t.- This section shall, not,be,'construed to' be •`applicable to, Any"wrltings solely:' because they:pare properly discussed 1w a'- closed session'of- a' legislative.body of"the"local agency. "'Nothing in this chapterfshall' be construed to require a legislative body 'or a local"agency't'o place any paid advertisement or any other paid notice in any publicatlon ' (f) "Writing" for purposes of-tthis section means "writing" as defined under Section 6252. Section 54957:6. CLOSE U,SESSIONS RECORDING EMPLOYMENT COMPENSATION. . r , .-, .- - . . . .. _ _ (a) - Notwithstanding any other-provision -of•law;;-a legislative :body of a local agency ; may hold,-.closed sessions - with the ' `local % agency's designated representatives regarding -the salarles;�,salary'schedules, or compensation paid In the form of fringe benefits of its represented and unrepresented employees. C.losed sessions of a legislative body of a local agency 'as permitted`in this`section 'shall mbe!for the purposi,`bf reviewing- Its position- and Instructing,-the, local agency's designated repre'sent-atives. Closed :sessions; asr permitted':In this'-section,, mays take ',place,( prior 'tor- nd during consultations and 'discussions-' with representatives of employee organizations and unrepresented employees. For the purposes. enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) In addition to the closed sessions authorized by subdivision (a), the legislative body, as defined by Sections 54952, 54952.2, 54952.3, and 54952.5, of a public agency, as defined by subdivision (c) of Section 3501, may hold closed sessions with its designated representatives;on mandatory subjects within the 'scope of representation of its represented employees, as determined pursuant to Section 3504. Section 54957.7. STATEMENT., OF REASONS FOR CLOSED SESSIONS. Prior to or after holding any- closed session, the legislative body of the local agency shall state the general reason or reasons for the closed session, and may cite the statutory authority, including the specific-section-and subdivision, - or other legal authority under which the session is being held. In the closed session, the legislative body may consider only-those matters covered in its statement. In the case of special, adjourned, and continued 10. 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 . 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. 1 . 04 . 22 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 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 decision 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 . 23 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, subject to the provisions of the Maddy Act (Government Code § 54970) . The following procedure shall be followed to fill such vacancy: -10- 6085 -.---- '-,•- 1 - - - - (a) On or before December 31 of each year, Council shall prepare an appointments list of regular and ongoing boards , commissions and committees appointed by Council . (b) When an unscheduled vacancy occurs, a special vacancy notice shall be posted not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs . Final appointment shall not be made for at least ten ( 10) working days after posting . 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. (c) 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. (d) Interviews of candidates for positions on boards or commissions shall be held in public at regular or adjourned regular meetings of the City Council . A list of uniform questions 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 remove 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 removal . The City Council has uncontrolled discretion regarding such removal . (Charter S 400) 1 . 05 . 02 Compensation The City Council shall set the salary of the City Administrator by ordinance or resolution. (Charter 403) -11- r•� meetings, the statement shall be made as part of the notice provided for the special adjourned, or continued meeting. Nothing In this section shall require or authorize the giving of names or other Information which would constitute an Invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session. Section 54957.8. CLOSED SESSIONS OF A MULTIJURISDICTIONAL DRUG LAW ENFORCEMENT AGENCY. Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurlsdlctional drug law enforcement agency, or an advisory body of a multijurisdictional drug law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictionai drug law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons Involved In the Investigation, and to discuss courses of action in particular cases. "Muitijurisdictional drug law enforcement agency," for purposes of this section, means a joint powers entity formed pursuant to Article i (commencing.with Section 6500) of Chapter 5 of Division 7 of Title I, which provides drug law enforcement services for the partiesto the joint powers agreement. The Legislature finds and declares that this section Is within the public Interest, in that Its provisions are necessary to prevent the Impairment of ongoing law enforcement investigations, to protect witnesses and informants, and to permit the discussion"of effective courses of action in particular cases. Section 54957.9. AUTHORIZATION TO CLEAR ROOM WHERE WILLFUL INTERRUPTIONS. In the event that any meeting Is willfully Interrupted by a group or j 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 willfully interrupting 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 may be considered in such a session. 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. Section 54958. APPLICATION OF CHAPTER. The.provislons of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting iprovisions of any other state law. Section 54959. ATTENDANCE IN VIOLATION A MISDEMEANOR. Each member of a legislative body who attends a meeting of such legislative body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting Is In violation thereof, Is guilty of a misdemeanor. Section 54960. ACTION AGAINST VIOLATION OR THREATENED VIOLATIONS. Any interested person may commence an action by mandamus Injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of thl.s chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body. 6085 Section 54960.1 JUDICIAL REVIEW (a) Any interested person.may c.ommenc"e...an action by mandamus or injunction for the purpose of obtaining a judicial determ"ination that,an action taken, by a legislative body of a local agency In violation of Section 54953, 54954.2, or 54956 Is.null and void under this section. Nothing in this chapter shall, be construed" to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the lnte�rested'person shah make a demand of the legislative body to cure or correct the action alleged to have been taken In violation of Section 54953, 54954.2,ror 549,56. The demand shall be In writing and clearly.. describe .the chailen,ged, action ,of..the legislative body and 'nature of the alleged violation The:,w�rlttendemand. shall be -made within 30 days from the date the action was taken.- ,Within 30 days of receipt of the demand, the legislative body shall cure. or.. correct the challenged ac,t.ion and inform..the demanding party in�wr.iting of Its act(ons to cure or..correct.or Inform ,th,e. dem.anding party in writing of its, decision not to" cure or correct the challenged�a,cktiony If, the.,legislative body takes no action within the _30—day period, ,the„inaction,,shall be;deemed, a .decision not to cure or correct the 'challenged action, and the 15-day period to commence the action described in.subdivision.(a) shall co"mmence.-to run the day, after ,the 30-day period to. cure or correct expires. Within 15 days of re"ce)p,t of the w,ri,tte.n ,notic.e of., the. legislativo body's decision to cure or correct, the explratlon of the 30-day pteriod to cure. or ,correct, or not to cure or correct, within 15'days of o_r within 75 .days from ,the„date the challenged action was 'taken, whichever is *e'ariior, the demanding party shall. be required -to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (c) An action taken shall not be determined to be null and void if any of the following conditions exist: I. The action taken was In substantial .compliance with Sections 54953, 54954.20 and 54.956. 2. The action ' taken was In conn-ectfon ,with the safe. ,or issuance . of notes, bonds, or other evidence of indebtedness or:any. contract,_Instrument" or .agreeme,nt thereto. 3. The action taken gave rise to a contractual obligation, including a contract let by competitive bid, upon which, a party has, In.good faith, detrimentally relied. 4. _ The action taken" was In connection with the collection of any tax. (d) During any action seeking, a judicial +determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged"to have been taken in violation of.Section _54953, 54954.2, or 54956 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (e) The fact that a legislative body takes "a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. 12. 1 , 05 . 03 Duties. The City Administrator shall be responsible to the City Council for the proper administration of all affairs of the city. His duties include, but are not limited to : appointment, promotion, demotion, suspension and removal of all employees and department heads except where this function is vested in the City Council . Appointment or removal of a department 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 attendant 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 established by the City Council , exercise control over all administrative offices and departments, all appointive officers and employees not appointed directly by the City Council, and prescribe 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 § 401) 1 . 05 . 04 Meetings . The City Administrator shall be accorded a seat without a vote at all meetings of the City Council and all boards and commissions except where his removal is under consideration. 1 05 05 Non-interference with administration. Except as otherwise provided in this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. (Charter § 307) 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 Administrator . If he fails to do so, the City Council may make such appointment . (Charter § 402) -12- 6085 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 Beach. The City Attorney shall be elected from the city at large, as provided by the city Charter, and shall serve for a term of four (4) years and until a successor qualifies . (Charter § 309) 1 , 06 . 02 Power 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 . The City Attorney 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 . The City Attorney 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 . The City Attorney shall attend all regular meetings of the City Council unless excused, and act as parliamentarian, and the City Attorney' s decision rendered with respect to parliamentary procedures , shall be final . The City Attorney shall give 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. The City Attorney 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 . The City Attorney 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 incident to the exercise of the foregoing powers as may be necessary. The City Attorney shall surrender to the successor all files, books and documents pertaining to city affairs . (Charter § 309) The City Council shall control all legal business, proceedings 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 § 304) 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. The City Treasurer shall be elected from the city at large, as provided in the city Charter , and shall serve for a term of four (4) years and until a successor qualifies . (Charter 300 , 311) -13- Section 54960.5. COSTS AND ATTORNEY FEES. A court may award court costs an reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative body of the local agency has violated this chapter. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorney fees to a defendant In any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed In a final determination of such action and the court finds that the action was clearly frivolous and totally lacking In merit. Section 54961. MEETING PLACES NON-DISCRIMINATORY. No local agency shall conduct any meeting, conference, or other function In any facility that prohibits the admittance of any person, or persons, or the basis of race, religious creed, color, national origin, ancestry, or sex. This section shall apply to every local agency as defined in Section 54951, 54951.1 or 54951.7. Section 54962. LIMITATION. Except as expressly authorized by this chapter, or by Sections 32106 _and 32155 of the Health and Safety Code as they apply to hospital districts, no closed session may be held by the legislative body of any local agency. (Chapter 1320, § 6, 1987 Stats.) (NOTE: This reprint of the Brown Act Includes legislative changes made through December 31, 1988 Including AB 2674, Chapter 641, 1986 Stats.; SB 2451, Chapter 248, Section 97, 1986 Stats.; SB 200, Chapter 1320, 1987 Stats.; and AB 777, Chapter 1327, 1987 Stats; AB 2561, Chapter 55, 1988 Stats.; AB 3 19 1, Chapter 399, 1988 Stats.; and AB 857, Chapter 1346, 1988 Stats.) GCH:RCS:sg 0007L 1 2/3 1/88 6085 13. 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. The City Treasurer 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. The City Treasurer shall have control of all funds coming into the City Treasurer ' s 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 in compliance with the state Constitution and law in handling, depositing and securing the public funds . The City Treasurer shall pay out proper orders or warrants as provided in the city Charter, prepare and submit to the Finance Director monthly reports of all receipts, disbursements and fund balances with a copy to the City Administrator . The City Treasurer shall perform such other duties consistent 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 § 311) 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. The City Clerk shall be elected from the city at large as provided in the city Charter, and shall serve for a term of four (4) years and until a successor qualifies . (Charter §§ 300, 310) 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. The clerk shall be the custodian of the city seal, and administer 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 The City Clerk shall issue subpoenas on behalf of the city. (Huntington Beach Municipal Code § 1 . 16 . 080) The City Clerk shall accept and 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 prescribe 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 § 310) 4727L -14- 6085 -- - Res. No. 6085 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I. CONNIE BROCKWAY, 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 adjourned meeting thereof held on the 13th day of November 19 89 , by the following vote: AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT Councilmembers: Mays city Clerk and ex-officio LffrK of the City Council of the City of Huntington Beach, California