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HomeMy WebLinkAboutFile 1 of 2 - City Council Policy and Procedures 1976-1989 CITY OF HUNTINGTON BEACH OEMOF THE CITY CLERK 2000 MAIN STREET HVATINGTON BEACK CALIF. 92648 CITY COUNCIL MANUAL Revised 1989 City of Huntington Beach County of Orange State of California Prepared by: Gail C. Hutton City Attorney 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 ad°-journed .regular :mee A ..(Charter § 500) 1,04 .07 Reading of ordinances . At the .time of introduction or adoption -of an ordinance-'AJt shall - be -'r:ead ,by title: :only. (Charter § 500) 1,04 . 08 Alteration of ordinancM after introduction. In the event that any ordinance is. altered .afte�r'`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 ,er_rors 'shall not constitute the making .of—an .aiteration within the meaning of this section. .(Charter § 300). 1,04.,09, The vote. The vote on all motions shall be by. roll call, and 'maybe recorded by.velectronic- or 'mechanical means. 1, 04 . 10 Division of guestion (_'soli.t 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 ieadinq:. of ordinance/re_so.lution .(requires unanimous vote).. (2) Adopt. l.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 d.o`_ something.- does not : automatically adopt the opposite. After ,such -tie vote the.,. question should _be made irthe 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 .o.r,. 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 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_ t_ie_ 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 .ballo`t. ;. _When such tie is broken, a vote shall be taken o_n• 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'. .ow.,any ballot in which, all nominees eligible for a final °ballot :are. in competition. (k) Each member _shal-1 :be .-entit_]:ed. to nominate one nominee for each office. No member. sha,ll..:nomi note,.himself. (1) A mayor pro tempor.e :shall then be .selected by the .same process as set forth . in.this:-section. Ior the office Of mayor.. (m). The mayor and mayor:. pro tempor.e, -following such proper, election, shall serve for: .terms of'5_one.year 'and 'until such time as their successors- .ha.ve-. 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:: year s 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-- charman.does not .vote except.. to break a tie does.:_not "apply to .the ,City Council . -8- 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 § 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 § .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 § 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) affi.rmati.ve. votes for adoption. A motion to reconsider maybe 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- 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 o.f 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 .mot_ion.._to which it -a.pplies .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 red 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 Commi-ss•ion,-...and -is subsequently appealed to the higher body,r the following,' procedure applies: (a) If the motion i;s _to: sustain the lower body' s decision, a majority of those present and voting is sufficient (four (4) affirmative votes not requ-ired) . -It_ is not :necessary to make a motion to overrule... . -When ;there:-is a- t.ie :vote.,:. the lower- body is sustained. However-,_ _ ff' -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 'dec.is.ion of. .the lower body, four (4):. affirmat-ive votes are requ.ired.- If there are less than four (4) aff-irmative votes, the' decision of the lower. body is deemed sustained_ and_ no, fu.rther.. 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 voters_. (2) Second, -:i.f t-h 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 f•, as,modiied, is deemed, sustained without further vote. - (4) If a motion to modify. -fall-s-,. the. next motion .is either to sustain .or to overrule .the subordinate body. _ 1 . 04 . 23 Appointments.'Ito.: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 (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 nothirig 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 Avgoint ent 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� .di5c,retion regarding such removal. (Charter § 400) _ 1.05.02 Compensation ` . The City Council shall set the salary of t•he City Administrator by ordinance or °resolution. . (Charter § 403) _ -11- 1 , 05. 03 Duties . The City Administrator shall be responsible to the City Council. for the proper administration of all affairs of the city:._ Hit- duties. include., -but are not limited to: appointments.-. 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 .mo.re frequent. report on city finances and a report on current-. administrative. activ:ities . He shall keep the City Council;, informed.. of the, financi_al._ condition and- future needs of . the city and make appropriate,.. recommend-at ions.. He shall est-ablishia.- centr:a.lized purchasing -system. and prepare rules and regulations regarding contracting',. .purchasing, and attendant-._co.ntroa s._ for.-City, Council- approval- .and adoption by ordinance. He shall supervise : the7 enforcement, of the law of the state, city ordinances, -_cha•rter 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• C-ity-_ Councils- 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 maybe required =by the City Council ..• (Charter § 401) . 1, 05. 04 Meetings,. :-The Ci-ty`-Administrator. shall _be accorded a seat without a. vote. at all meetings .of the.. City Council and all boards- and commissionslescet p. .-where.-;his removal is under consideration. 1 . 05 . 05 Non-interference with administration.. Except as otherwise provided in_-this_:Cha-rter, no-memberj_bU:-the City Council shall- order., directly- or .ind i=r.ect.1y,' the--appo intmen.t.-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-ithe= juri-sdict`ion` of. the City Administrator solely,-through=.•the City=Administrator, .and no member of the City'Council sha•11 gye orders to `:any .> subordinate- of: the City Administrator, - either .publi.cly or. privately. (Charter .§..307.) 1 , 05. 06. Acting City Administrator. The .C.ity 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 makesuch appointment. (Cha:rter...§ 402) l -12- (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 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 e nominee for each office . No member shall nominate himself. ' s (1) A mayor pro tempor. e 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 r 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 ) councilpersons . 1. 04 . 17 Ralph M. Brown Act . Any meeting, gathering or coming together of four ( ) 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. 1 4 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) 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 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 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 tree ( 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 . 1 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: r (1) First , the motion to modi.fy 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. be made of said vacancy and a request made for any interested persons to submit a resume of their qualifications to the N Council prior to the next regular meeting of the Council. (b ) The Council shall, as soon as is reasonably pos- sible, fill any such vacancies b ut,nothing herein shall be construed to limit its choice to a person who 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 y; L:. 12 . 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 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- tendanticontrols 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 Actin; 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 §608) 13. 4' Chapter 1.06 y 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. 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. �,: 14 . .,% 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 (4) years and until his successor qualifies . (Charter 6500) 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 in compliance 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 i City Administrator. He shall� y 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 (4) 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. Ilk 15. 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 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 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) d >g 16. r zfr I l APPENDIX TO COUNCIL MANUAL i TABLE OF 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 i y. 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 HUNTINGTON BEACH IN RE- GARD TO BUDGET CONTROL"' WHEREAS, the purpose' of this resolution is to insure re- sponsible fiscal control of unbudgeted items presented to the City Council in the form of ordinances , resolutions , minute actions , appropriations , 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 . The b asic .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. b alance and that any action of the. City 'Council that shall or may disturb or affect such balance must be preceded i 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 b alande. 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 1. DPB:ahb City of Huntington Beach as follows: SECTION 1. ACTIONS TO UNBALANCE BUDGET PROHIBITED. The 3. City Council shall not take any 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 and 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 ." SECTION 3. 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. r i 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) unless such proposed expenditure may reasonably be_ expected to result in other .related or continuing expenditures . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 23rd day of August, 1976. ayor ATTEST: APPROVED AS TO FORM: I!J city C erk Ci y AttMey ` APPROVED AS. TO CONTENT AND ✓/ AS INITIATING . DEPARTMENT: NO FISCAL IMPACT .y/ ......7� FISCAL IMPACT - r,'!,-,,F-rEn-_ ..�.. C ty min strato.r FISCAL IMIPAC1 J_i• V;%uETED REQUIRES FINANCIAL IMPACT REPORT___._ 3. Res. No. 4311 STA'M OF CALIFORNIA ) COUNTY OF ORANGE ) ss� ` CITY OF HUK INGTON BEACH ) I, ALICIA M. WENIVORTH, 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 membera 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 , 19 76 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Siebert, Wieder NOES: Councilmen: None ABSENT: Councilmen: Coen, Gibbs, Shenkman • City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California n 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, Roberta Rules of Order, Newly Revised) All citations in this paper 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 night 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 ' uesti:cns shall come before the Assembly a ain as f -it had ridt. '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 2roposes no specific change in a decision but simply ro oses that the ori'ginal question be reopened. See Section 6, page 7. 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. A main motion can be reconsidered (see Section 7(8) at page 69) . The mqtion to. reconsider requires only a majority vote,. regardless of the vote n6c6seAry to ado t the mot-ion- ,to be re- considered. See Section 3 7 at page 270. The effect of makin 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 ado tion of the motion to reconsider is immediate) to ' lace before the assembly again the question on which the vote is to be recons ered--in. the exa.et position that it occu ie the moment be ore it was voted on originally. Emphasis added. ) See 9ecti6n 3 , page 27 6. v �- +e CITY . OF HUNTINGTOI�iI . BEACH INTER DEPARTMENT COMMUNICATION MUNT1W.WN UACH To HONORABLE MAYOR WIEDER From DON P. BONFA i 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 (4807 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 t 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 7. City Council ''s power of removal. The power to appoint normally carries with it the concomitant power to remove . Inasmuch as + j 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, not 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 8. CITY OF HU4TINGTON BEACH INTER-DEPARTMENT COMMUNICATION 14UNI1Nt;f0N SIAL11 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. 64 of the Huntington Beach Municipal Code , Roberts Rules of Order (Newly Revised Edition) prevails . DON P. BONFA City Attorney DPB:er 9. OFFICE OF THE CITY ATTORNEY OPINION NO. 73-42 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 . AO 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 §415 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 54957 . 9 was recently added to the. . Government Code. Government Code §54957. 9 reads : 10.. a 100 e Office of the City Attorney May 21, 1973 Opinion No. 73-42 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 u 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 d `� N J. O'CONNOR, Deputy City Attorney DPB:JJO: lm 11. Parliamentary Procedure Script for Mayor A. ORDINANCES FOR ADOPTION B. 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 .l: 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 further 12.. Script for;.MAyor contd. 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) . 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. Script for Mayor contd. i 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 to 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. 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) 'Seven ayes (must be unanimous.) . MAYOR. A motion is in order to .adopt Re.solution 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 1 14. ,/ 1. ✓. 15 December 1975 TO: Members of the City Council -City Administrator FROM: City Attorney. SUBJECT: . Ralph M. Brown A:ct Transmitted herewith is..a. paper, dated August 1975., on' the Ralph M.-Brown Act--Open Pt.blic Meetings, from the League of California Cities, containing:. 1. An explanatory letter from Bill .Keiser, Legislative Counsel and Don Benninghoven, Executive Director of the League. Note that the. Attorney General monograph published in . 1972 (see footnote on .page . 2 . of the Keiser-Banninghoven letter) was mailed to you by the City Attorney about two years ago. 2. The text of the Brown Act, California Government Code Sections 54950 et seq. to which we have 'added the 'amendMents and additions which will go .into effect January 1,- 1j76. 3. A very good.. paper writtem by Frank Gi111o, '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 54952. 3 is amended to include in the. definition of "legislative body" any advisory commission,, advisory com- mittee or advisory body of s loeal .agency created by a member of the governing body. 2. Section 54957 is amended to narrow I the. "personne i" ex- ception -to .the open meeting requireme�-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 conplainte or charges brought against" -..any neribn appointed to an office by the legislative body; provided,' ho.w-: ever, that nonelective positions of city manager, city .attornc-y or department heads slTall .be considered employee positions . We interpret -this to mean that: o a ma�eetings are required in, i cases of the "appointment, emnployment or dismissal or to hear 15. Mombers of the City Council 15 Decenibur .lO'(',. and City Administrator Page 2 Ralph M. Brown Act complaints or charges brought against" (a) members .of boards , 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 th'e League and other staff attorneys at the League office and will communi- cate with me if our interpretation does not represent a consensus . 3. Section 54957.1 is added to require that the city council shall "publicly report- at a subsequent public meeting any action taken, and the roll call. vote thereon, to appoint, employ, or dis- miss a public employee arising out of any executive session 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, 19.76, when the action taken (in- eluding the vote) in executive session must be publicly reported at a subsequent public meeting, in connection with the appoint- ment ,, employment or dismissal 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 roli .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 I 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 har, prevailed and the court .finds. that the action was "cle'arly friv olous and totally lacking in merit ." There is no easy shortcut to understanding the Ralph M4 Brown Act . It is very vague . and ambiguous in some of- its seotions. / V i i 0 - Members 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 i have questi.ons , I shall .be pleased. to assist you. Respectfully submitted, DON P P. BO-NFA City Attorney DPB:ahb Attachment I i I i 0 A SBl — 10— SB1 1 ex�ainslti of&Cb and data utade the tomtory of the 1 ®ems; or a �) 2 _losssl "Ib!e hold within the ft itay of the Ioc*l � 2 3 agency sue!be opeb public, and : 3 4 must bedmOveredipeisandly or.by mafl at 1esit.24 : ' . ' 5 general indth9t � positions of 5 before the time.df �edaig to :tam , e ell w", lejW cowl, t • 6 ,. , firer or tax c� %ctor of . 6 r ' .m 7 any l lY . 7 If the nird�e��caea�i�ate. ogee� . .,: g limited �39.be deemed ee 8 to provide �r the hAdiAg o. nor , it °` . 9 provide:by b . or by what othw rule is utgjWd 9 Nod ft in tlis . shall be prev�t 10 by that advisory body for the conduct of its business,fat _ 10 any board, coaon, committee, or other body 11 the time and place for holding such regular ..No 11: organized and-operated by any private organization as )12 other notice of meetings is required. 12 defined m Section 54952 from holding executive sessions 13 --Ugislative " as defined in this section does not 13 to consider (a) matters affecting the national security,or 14 include a composed ly of members of the 14 (b) the apperinta8at, employment ®r 1 of an 15- governing body of.a local agency which are lei a 15 employee or to hm complaints or urges brought 16 quorum of such governing body. 16 against such employee by another person or employee 17 The provisions of Sections 54954, 5�, 54M.1, and 17 unless such employee requests a public hearing. Said 18 54956 shall to meetings under this section. :18 body also may exclude from any such public or private :S V ea. n ` 'l aU Government. 19 meeting, during the examination of a witness, any or all 20 C.ode ' to read: 20 other witnesses in the matter being investigated by the 21 . MW.' Nothing contained in this chapter shall .be 21 legislative body. 22 construed to prevent the l . b -j 22 SE .14 SEC. p Section 54957.1 is added to the Q3 agency-from holding executive sessions with the Attor y 23 Government Code, to read: 24 General, district attorney, sheriff, or chief of police,=or 24 .1. The legislative body of any local agency shall t5 their.respective deputies, on matters posing a threat.to 25 publicly report at it subsequent public meeting any action 25 the security of public buildings or.a threat to the public's 26 _ taken, and the rollcall vote thereon, to appoint, employ, , right of access to public services or public faccilities, or -27 or dismiss a public employee arising out of any executive %28 from hold'holdiag executive during a regula. 28 session of the legislative body. - M special meeting t4 consider -- - - 29 SF&. 48 SE 10.: Section 5M..5 is added to the 30 enggoy��or di i oFe 30 Government g:ode, to read: 1 cornets or char brou t 31 549M. A court may award court costs® 2 a^o+bet pea or effip 32 reasonsWe attorney fps to the plaints in an action 13 requests a public hearft.dMe legi lative body abo:Wry► 33 brought meant to Section 54M where it is found that rXc+.:de from any such public or private meeting,dwing 34 the local agency has violated the provisions of this article. 35 the examination of a witness,any or all other witnesses in 35 Such costs and.fees shall be paid by the local agency and 36 the matter being investigated by the.motive body►.. 36 shall not become a personal liability of any public officer 37 or employee thereof. ._ or the pwVom of this sect,the*Am ``employ 38 shaN not include any person appointed � A court may award court costs and reasonable attornee• mo sat e ' 1<•y6s;ative body of a-local ; pad, hotie+ev�f, , fees to a defendant in any action brought pursuant to 40 that nonelecdve posidoin of dW mauger, county 40 Section 54 where the defendant has prevailed in a SB1 — 12-- 1 final determination of such action-and the court finds that . . 2 . the action was dearly frivolous and totally laming in 3 merit: 4 Sri& +1?►.SAC 11. No appropriation is made by this 5 .act, nor is any obligation created thereby under won 6 2231 of the .Revenue and Taxation Code, for the 7. reimbursement of any toed agency for any costs that may 6 be :incurred by it in carrying on any programs or 9 p any service required to be carried or 10 performed-by it-by this.act. l 1 p r ../ HII N TIN ® O fro ® o w r O#Q r 1975 =. Cal1lnnu.)t;ihCs �j ' W11rti trnrn111l•1 4pr4mento..California 4?"TOR14V( August"19h TO: Mayors,.Council Members., City Managers, City Clerks and C"ity Attorneys SUBJECT. Ralph M.. Brown }het* 0 on:publk Afleetings 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 Frank Gillio, City Attorney of Los Altoe Hills and Millbrae. Because of the importance of the Act to all members of local legislative bodies we have added all council members to this mailing. Frequent at- tem, to to further amend the Brown Act making it impractical and unworkable also suggest that in addition to the Gillio analysis acid a copy of the Act itself. it would be desirable to review its history, as well as its current provisions i so that individual members of local legislative bodies will be fully aware of open meeting requirements and also be in"a better position to discuss proposed,-:amendments with their legislators. A detailed legislative history os"all.grate and,As bly'bills affecting fie Brown Act loom 1953 to 1973 has 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-oponsored by;the LenQue of Calitorasia Cues and the California Newspaper Publishers Association it was"adopted"in 1953 to:give new vigor to century-old public meeting laws that were all too frequently ignored. It also ez- tended the open meeting requirements to a wide variety of Weal public:ageneies. boards ..and commissions not them covered:by,an open meeting law. The very earliest statutes An Califorids's first legislative session in 1850 provided with resepect to cities generally "A .city *ball, by ordinance, fix the times and places of holding their stated meetings. . , and their proceedings .abatl. be nub ic." "(Section" 10. Cha�ptsr 14, Statutea 1850:.) Between 1850 and 1870 a similar_prow on 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 838.(dovernment"Code' Section 30808) provided "All. meetings shall.be p?ublia.11 (Chapter 49, Statutes 1883.) Every char- ter adopted pursuant to Article XI of the Constitution .has included a provision .requiring council meetings to be.public. .'the Rlrown."Act threw the spotlight of compliance on open meeting laws and unlawful secret meetings-today are both rare and ha:ardour. In extending the open meeting law to.all.local jurisdictions, boards and commissions and focusing the public's attention on open meeting laws..the Brown"Aol declared '!It *Government Code Sections 54940-54901 (attached) . IM11 "U' STREET • SACNAMEN70 95914 mom CLAREMONI • RFRKCLEY 9470, :6?I11110N CENIER • LOS ANC.FIRc aM,7 (9161 444 1-790 (4,51 114'1 30rt't is the intent of the law that their (legislative ho( ies) actions be taken openly and that their deliberations be conduc.tc:d openly. " A m enacted in 1953. the Hrovai act required all meetingm of a legislative body of a local agency to be open and public and granted all persons the right tA, attend much rneetingt4 . "Legis)ative: body" was broadly defined / to inccludc- not only all 1(wal 1.1,overning hodicm but also local how-ilm and commissions. "Local agency" also waH broadly defined tc) 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 misdemeanor,penalty. (Goverhment Code Section IM, Penal Code Section 177.) The first major revision of the Brown Act occurred in 1961 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 similar bill which ex- cluded the objectionable section. . The 1981 legislation added a short title, definition of legislative body and. more importantly, a definition of "action taken" as well as two methods of enforcing t-s open meeting law. It made each member of the legislative body d attending a meeting in violation of the Act with knowledge of the fact that the meeting was / in violation thereof guilty of a misdemeanor. It also authorized any interested person to bring an action to prevent the holding or threatened holding of closed meetings. The law also has been amended from time to time to make it expressly applicable to charter cities, to include advisory bodies and to require mailed nonce of meetings to property owners by public districts. 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 meGt:inge 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 m meeting arranged for pursuit of the public's business will usually be quite apparent as Justice Friedman noted in Sacramento Newseaper Guild v. Sacramento County, 203 C.A. 2d 41. Thus. while the criminal penalty applies only to unlawful me#ings where action is,tppn. the courts may enjoin any meeting or threatened meeting where the public but+i ni" of the particular local agency is discussed or deliberated. Atteeopts 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 liaise 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 600, State Building, 350 McAllister, San Francisco 94102 -2- of committees of less than a quorum of the legislative body of the local agency. Y "1'his is because the findings of such a committee have not been deliberated ,.ipon by a quorum of the legislative body, and consequently the opportunity Vor a full public hearing and consideration. of the committees' findings and ►ecommendations by a quorum still remains .Hence the public's rights under the Act are still protected. " I'h�, l,r• �i�Jatur�� also has rejected attempts to limit the court approved exerutivV � ,• hi+-h the --i►% attorney*to meet with the city council to discuss pendii,); ,r anticipate-d litigation in order to preverit the city's adversary from gaining an unfair advantage to the detriment of the public generally. One w„rcl „f 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 :;cessions may not be held to consider so-called "personnel" matters. The Brown Act only permits an executive session to consider the appointment, employ ment 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 t 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 A,..-t 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 know](-dge of the Act and its history, you will be in the. best-possible position to preserve a workable open meeting law for the purposes intended by its sponsors and by Ralph M . Brown . William H . Keiser Don Benninghoven Legislative Counsel Executive Director t -3- Me J 4OW _0V . $RO,WN ACT - .Council Meetings (Government Coda) o ' V,VP0. In rr.n..:t inm thlH chapter, the legislature finds and declares .that tti•- it,ibl I c�mn+l +�+ion:;, bunt An and ewinclls raid the other puh1ty agenr.iem in thi,, "r :,f , ++xi,A to aid In Lite conduct of the people's business It is the :intent of tf-v law 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 ar,endie6 .wI1i: h 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 os. rmaining in€.armed so that they may retain con-• . trol over the inotruments 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, whethe? general law or chartered, city. .*ad, .county, tom.,. -school district; -municipal corpo:= ation, district, political subAhvi®ion, or any board, commission 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 ppivate':aonproffit br- ganisations that receive public moody to be expended for public,purposes pursuant to the "Economic Opportunity Act oQ 1964". b 54951.7. "Local agency" includes any. nonprofit corporation.. created by one or more public agsnria®, whot®ua ba $tt Qi ePixapcto>z .is, appointed. by.. public agencies and which is forged to aticquireo c atsln , ftco"truct, maintat»ls os operate any public vork .project. 54952. An used in th ie chapter, "legislative body" messm the governing board, coaaamiesion, directors or body of a local agency, or any board or, comission thereof, and shall Include any board, comission, comtaaittee, or other body on which officers of a local agency serve in their official capacity as members and Teich is supported in whole or' In part.by# funda4..pawria .by, sue#. s ,cry►a orb4ither. sos ,board, eomais- . lion, coanittee or other 'body. "is ® aa®iaced a :9eraated by such.leal .agency or by a private corporation. 54952.3. As used In this chopte r, "legislative body" also-includes any advi-� sor' comgaissiom, advisory coaaaittee:at adviea _..body. -of .a local etgeacy,_ created by charter, ordinance, resolutsono or by any slai:lor forestal action of a governing. body of a local &fanny. Meetings of such advisory comissions, committees or bodies concerning sub- 4ecta'which do not require on anstuation of facto and data outside the territory . of the local &Soucy shall be hold within the territory of the local- agency and. shall be open and public, .and notice thereof ttwst D delivered persena ly or. by mall at least 24 kouce'.before the base of such usetiog .to each poioriiii vho has re- quested, in writing, notice of such aaastieg. If the advisory commission, committee or body elects to provide for the hold- ing of regular meetings., it shall provide by bylaws, or by whatever other rule is utilised by that advis®ry body ..for tbs .conduct,, business, to;; he. time and place for holding such regular:>s 1 . No oghoy :notice of lsr, stings is. required. 8/17S "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. Tile provialon•i of Sectiune; 54954, 54955, 54955.1, and 54,956 shall not apply to meetings under thin Aectinn. 54952. 5. As used in this chapter, "legislative body" also includes, but is not limited to, planning commissions, library boards, .recreation commissions, and other per,naaetit ht,ard.4 or ronnnisslons of a local agency.. 54952.6. As used in this chapter, "action taken" means a collective decision made by p 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 legis- lative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. 54953. 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 legis- lative body of a local agency, except as otheirviie provided in this chapter. 54953. 3. A member of the public shall not be required, as a condition to attenean at a r,e�!tlag of a lekialativ?! 1;r+dy of a local agency, to register his name and other information, to complete a quebrtionpal re, or otherwise to fulfill spy condition precedent to his attendance. 54954 . The legislative body of a local agency shall provide, by ordinance, resolution. bylaws, or by wb atever other rule is required for the conduct of busi nose by that body, the time for holding regular meetings. Unless otherwise pro- vided for in the act under which the local agency was formed, meetings of the legis- lative body need not be held within the bound©Ties 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 meetinge say be held for the duration of the emergency at such place so is 4160ignated by the preotding officer of the legislative body. 54955. The legislative body of a local agency may adjourn any regular, ad- journed regular, special or adjourned special meeting to a time and place specified . in the order of adjournment . Lees than a quorum may so adjourn .from titaa to time. if all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declBra thei weting adjoined to a .stated time and place and he shall cause a 4ritten notice of the adjournment to be given in the same manner as provided to Section 54956 'for special meetings, unless such notice i9 waived as provided fc,r special *meetinps. A copJ of the order or notice of odj-urnment whall 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 adj ourmxmt. When a regular or adjourned regular meeting Is adjourned as provided in thin section, the resulting adjourned regular meeting le a regular meeting gor all purposes. When an order of adjourn- vent of .any meeting fails to state the hour at which the adjourned weAti"..ls to be herd, it shall be held at the hour specifi d" 'for rat'uiar mistin's b' orohnsnce, i rt`solUluti, by Idw, or other rule. 54955.1. Aaw hearing being held, or noticed or ordered to be held, by a legis- lative body of a local agency at any meeting nay by order or notice of caotinuance be continued or recontinaed to aty' sutsequent d atintg 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 lees than 24 hours after the time specified in the order or notice of hearing, a copy of the order or k notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or mad®. 54956. 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 mew- ber of the legislative body end 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 and notice shell specify the time and,pbace of the special meeting and the business to be tranacted. No other business shall be considered at such meetin;s. 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 may be given by telegra*. Such written notice .may also be dispensed with as to any member:Who is actually present at the meeting at .the time it convenes. 54957. clothing 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 comalaints 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 meetins, during the examination of a witness, any or all other witnesses in tite matter being investigated by the legislative body. Nothing in this chapter shall be 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 complaints 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, durinp 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 sgssiona 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 form 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 persons 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 `he 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 wilfully disturbing the orderly conduct of the meeting. -3- uJ��c 54938. The proviaiono of thin chapter shall ..apply to the 1%jeletive body of . every local agancy nozwithotd&92a the conflicting of� Aty other state . law. , 54959. Each member of a legislative body who attends a meeting of such legle- lative body where action is taken in violation of any provision of. this chapter, with knowledge of the fact that thm is in violation thereof, is guilty of a misdemeanor. 54960. Any interested person may commence an action by mandamus, injunction or declaratory relief for the purpose of ®topping or preventing. violations or threatened violations of this chapter by weabers 'of the legislative .body of a local agency or to dotesrmine the ipplicAvility of :his chapter to.actions or threatened future action 6f the legislstgvG body. 54961. No local agency shell conduct ac•.y meeting, conference, or other func- tion in any facility that prohlbleo ghe adwi.tence of any person, or persons, on the basis of race, rrellgtoeo cFeGd- color, national origin, ancest" or sex. This section shall .eOply to local 'a�many ab defined in Section 54951. p . m+' •a✓ .A/ ✓ a Open Public Meetings Requirements of thc• Iftalph M . Brown Act and Exceptions Thereto by Frank Gillio City Attorney of Los Altos Hills and Millbrae The Brown Act, described as the strictest open meeting law in the United States, requires that meetings of each of the following be open and public without any restriction on the right of the public to attend: 1 . The City Council. 2.. City Boards or Commissions, 3. Advisory Committees, 'or 4. Any other body on which city officers serve in .their official capacity and whirll is supported partially or totally by city funds. 5. Any private nonprofit organization receiving public money pursuant to the L,:onomi c Opportunity Act of 1964. fi. Any nonprofit corporation created by one or more public agencies who i also appoint the board of directors and whose purpose relates to acquisition, construction, reconstruction, maintenance or operation of any public work project. The requirement that meetings be open to the public does not apply to meetings of committees of a City Council consisting of less than a quorum of its members. Executive or personnel sessions from which members of the public aad press are barred may be held during. a regular or special meeting for the following purposes: 1. To consider the employment or dismissal of a public officer or employee, or to hear charges brought against such person, unless the officer or employ" in question requests a public hearing; 2 To discuss with the City Attorney litigation pending, proposed, or anticipated. where a public discussion would benefit the C.ity'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 representatives concerning salaries, salary schedules, or com- peneation paid in the form of fringe benefits prior to or.during negoti.-tions with employee organizations . 5 to negotiate and discuss with employee organization representatives following the intervention of a State labor conciliator in a labor dispute. Age 8 To consider matters affecting.the national security, in the case of a.body operated by a private corporation on which city officers serve in their official capacity Und which is supported partially or totally by city funds. In add:.iion, if 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 re- stored by the removal of individuals who are willfully interrupting the meeting, the mem- bers of the 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. Duly accredited representatives of the press or.other news media, except those partici- pating in the disturbance, shall be allowed to attend any such session: . The body may establish a procedure for readmitting an individual or individuals not reponsible.for willfully disturbing the orderly conduct of the meeting. Each body subject to the Brown Act is forbidden from conducting any meeting, con- ference, or other function in any facility that prohibits the admittance of any.person, or persons, on the basis of race, religious creed, color, national origin, ancestry, or sex. Attendance at a meeting in violation of the Brown Act where action is taken and with knowledge of the fact that the meeting is in violations of the Act, carries criminal � penalties. The term "action is taken" means 1 . A collective decision made by a majority of the members, or 2 . A collective commitment or promise by a majority of the members to make a poxj+-ve or a negative decision, or An actual vote by a majority of the members when sitting as a body on a motion, 1),-aposal, resolution, order, or ordinance. . :e skated purpose of the Brown Act is to insure that public commissions, boards and :ouncils, and other public agencies in the State of California conduct their delibera- t'.oc s and take their actions openly. -400 -2- ANALYSIS: Unless otherwise indicated, all references are.to the Government Code of California. OPEN MEETING REQUIREMENT The Brown Act (Seca. 54950 to 54981, 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 discussed 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 were 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 - 1958) . 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 attending'a tmeettiig to register his name and other_ information, j to complete a questionnaire, or.otherwiae to fulfill�anycondition which is a condition precedent to his attending the meeting (Sec. 54953A) 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 Ops.Cal.Atty.Gen. 52 - 1961) . A Qouncil 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 lr,valid (Nevens .v. City of Chino - 1965 - 233 CA 2d 775) , 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" had bees 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 commission, advisory committee or advisory board,.whether created by charter, ordinance, resolution, or any similar formal action of tb►e city council (Sec. 54952.3) . -3- 3.. Any board, commission, committee, or other body on which city officers r;r ve 'n their ofticial 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 , 54852) i .. Any private nonprofit organisation receiving public money pursuant to the Ecc:.-�m:c Opportunity Act of 1904 (Sec. 54951.1) . 5. Any nonprofit corporation created by one or more public agencies who also appoint the board of directors and whose purpose_relates to acquisition, constructions, cN construct ion, maintenance qr operation of any public work project (Sec. 54051.7) . However, meetings of a committee composed solely of members.of the governing b,.)d-v (City Council) which are less. than a quorum of such governing body are excluded U�a► the open meeting requirement, (Adler v. Culver.City - 1880 184 CA Zd 789. 771; 32 Ops. Cal. Atty..'Gen.. 240 - 1058 - See also Sec. 54952.3) . Special provisions simplifying the operation of advisory committees should be noted. The procedural provisions of the Act (fixing 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- se.nse of regular meetings notice. of a meeting when held is required to be delivered per- sonally or by mail twenty-four hours izk;advance to each person who has'.requested, in writing, such notice.. The Act ddea apply to'advis ry cominittlies w2iich are created ;rformally (Sec 54.952.3) . . Under the Civic Center Act (Education, Code Sec. 16556, et'seq) an organization Lising a public school facility may not.exclude the general,public or use the school facili- ties for private.or closed meetings or recreational activities. The general public may not be excluded from attending and observing the'meotings or recreational activities Ops. Cal. Atty. Geri. 220 - 1989) . PENALTY AND REMEDIES FOR VIOLATION It 'a irrpor+ant to determine whether the Browq 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 in violation thereof" is guilty of's misdemeanor (Sec.' 54089) . The term '0action taken" is def ned.3n Section 54d5•'. 8 to mean: A collective decision made by a majority of the members of a legislative '.r i , a collective commitment or promise by a majority of the members of a legis- .a:-. -e oody to make a positive or a negative decision, or an actual,vote.by a ma- jority of the members of al egislativ's body w1 ai Eing as a boo;;. or shtity, upon a .motion.., proposal@ resolution; order or.ordl&nce:" -4- The criminal penalty added in 1961 is limited to a meeting at which "action" is ` taken (Sacramento News a er Guild v. Sacramento County Board of SuiDervisors - 1888 - 28 CA 2d 42 48 holding.thet "thls;nlisdealitor penalty of the gown Act is focused on the meeting where action is taken, not;on the meeting confined to deliberation") . However, any interested.person may commence a civil action in the Superior Court (Mandamus, Injunction or Declaratory Relief): to strop or prevent either a..violation or a threatened violation of- the Brown Acts. or'to.detera ine' whether the Act:applies to. "actions or threatened future action" (Sec. 84980) The validity of the:actions taken-at a.meeting claim6d to have been..held in violation of the Brown Act, nevertheless,.have been held by 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 783, 774-7.75 CLar.1- mont Taxpayers Association v. City of Claremont. - 1903 - 223 CA'2d 689, 693-594) .. Even if a Police:Commission regulation requiring police officers (of duty or on duty in civilian dress) to be_equipped with a revolver was;passed secretly, the regulation would not be invalidated (Stribling v. Mailliard 1970 6 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 - 1967 - 249 CA 2d 313, 329) after noting that . there was no allegation that the "action taken" in adopting each resolution determining which was the qualified proposal aid setting a hearing.ft'land dispO dIU6 was 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 objectivee, the term "meeting." extends to informal sessions' or. conferences designed for the discussion of public husinesq. By the spec:i!►c inclusion of committees and their meetings, the Brown Act der. nnstrates its g•'•nei ,fl application to collective investigatory and consideration activity stopping s;horl :a of!i-Jae action (Sacramento_ Newspaper Guild v. Sacramento County Board of ;:;,�.r1��:rvts_orA 11068 :'63 CA 2d 4.11 49, al ir>> olOng a luncheon meeting attended by t}ie:entire Hr,rlyd of Super%dsore.. other county officers, and members of the Central-Labor Council AFL-CIO, at which the social workers union strike.against Sacramento County. was disni:ased, and.to which newspaper, reporters worm denied admission. The- Court he I d the luncheon to, be a mdet�ig within the meaning of the Act..) Tri. Brown Act does govern regularly held lupcheon meetings by members of one or more City Councils with representatives.of certain civic associations toi, 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 Ops- Cal. Atty.. Gen. 38 - 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 informal luncheon sessions, the nature of such meetings and perhaps 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, were asocial attendance by'a majority of a Council at luncheons or dinners given b; civic or fraternal.organizatiore, .such as the Rotary., Kiwanis, Lions, Optimists, Elka or Moose, does not constitute a waiting of the City.Council subject to the Act. The Brown Act does not apply to special committeeb.or subcommittees con= s4 sting jf 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 remains, The Act does apply to ..committee composed of a majority or more of the mombers.of 4he legislative body. (91:0ps. Cal. Atty. Gen.. 240 - .1958) , The regairements of the Brown Act cannot be avoided by the use-of thp.device commonly known as a "committee of the whole" (27 Ops. Cal. Atty. Gen. 12$ - 1958) . In 1963 the Attorney General (42 Ops. Cal. Atty. Gen. 01) held that there is ::o s-at+story 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 xee'inas in the City Manager's conference chambers, the Attorney General noted ...at the :equ!rement.that meetings be open and public had been interpreted as in- '...rg d:a ussion sessions within the term "meetings" . The right to notice and to attend a meeting is not dependent on whether "action'. is taken or whether the mem- �ers c: the govern'-ng body do or do not intend to take action. The term "all meetings" r r.91,•.o,aly was interpreted as encompassing more than just meetings at which formal act`..on was taken. The references in the Brown Act concerning "action taken" re?.ate only to the imposition of criminal penalties on the members of legislative bodies . These provisions are separate and distinct from those provisions giving the people the right to notice of and attendance at all meetings of the Isgii}ative body. y A hearing officer appointed under.a grievance procedure established by an v agreement to hear charges preferred against a city .employee, who.demanded that . q hearing be opened to the public id!tint.regs aired to conduct a public heating. The single "hearing officer" who functions by himself is not a "legislative ti 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 opened to the public . .. ."'Under the Act. Sections of the.Act defining "legislativ4 body" . use words all of which import the involvement of more than one person,:and con- ventional definitions of "meeting" refer to the presence of more than one:person (Wilson v. San' Freacisco. :Municipal Railway - .19.73 - 29.CA. 3d 870, 87"81) . 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.not taegislat ve tiody,of s local ageney.within the meaningvf_the Act by reagon of being an advisory arm or adjunct to a single county officer (58 Ope Cal, Atty. Gen. 14, 16 - .1973) . The earliest California appellate court decision interpreting what is a meeting under the Brown Act, as well as other of its provisions, wag Adl�v,. City Council of the City of Culver. City (1960) 184'CA 2d 763. Notwithstanding the Attorney General's misconception of the Adler decision and the 1961 amendments foilowing that decision (42 Ops Cal. Atty..Gen. 61 - 1963) , Adler.has, beensub- sequently cited with approval and except where affected by subsequent legislative 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 00; 47.4-475, .the court, after citing Adler, said: " (Some of the effects of the Adler case were removed . by legislation, but.the proposal to make void.any.action .taken at nonpublie.meetings was objected to. by the Governor and--Was.elimirlOod froz 'the;proposed aitandment. to the statute. See 02 Ops. Cal. .Atty.: gen. 81,88 1863.:)!' . EXCEPTIONS.TO.mk OPE9 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 it"I or have, been created by ioterprb4tion of both the appellate 'courts and the Attorney General. . An executive.session may behold 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. . to consider the appointment, employmenVor dismissal of a public officer or, employee, or to hear.complaints or charges.brought against an officer or employee, unless the officer or employee requests a public.hearing (Sec. 54957) . A board, commission, committee, or other body organized and op�_.:ated by a' private corporation on which city officers serve.in their official capacity as membern.. and which is supported in whole or it! part by city funds. may hold executive sessions concerning: . 1. Matters affecting the national security,. or 2. The appointment, employment or dismissal of an officer or employee or to J hear complaints or charges brought against an o.par or employee, unless the officer or employee requests. a public hearing (Secs. 54682, 54657) . In either of the foregoing cases during the examination of a witness, any or all other witnesses in the matter-being:investigated may be excluded whether. the meeting is being conducted-an a public or private one.: The City Council may hold an executive session withl its.City Attorney to discuss litigation pending, proposed,`or antScipi►ted: `The authorities are died udder the_topic "Litigation" . A City Council may hold executive sessions with its designated representatives prior to and during consultations and discussions with employee organization represen- tatives concerning salaries, salary:schedules.or.compensation paid it the f6rm of fringe benefits in order to review the city's pbsftion and instruct its representatives '(Sec. 54957.6) . A City Council may negotiate and discuss with representatives of employee organi- zations during an executive session held after the interveetion of a state labor conciliator as authorized by law without violating the Brown Act, because the.recorde 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 must also be privileged and confidential The purpose of the statute :(Labor Code Sec. 05) is to prevent the disclosure of what transpires during conciliation proceedings. '(51 Ops. Cal. Atty. Gen. 201 - 1968) . The labor negotiations exception appearing. in the Brow; Act (Sec. 54957.6) refers to a city council holding-g.executive sessions.with its.representatives; The most recent exception found by the Attorney-Giaiieral rehire bo an executive session with rep- resentatives of the employees. EXECUTIVE SESSIONS . The right to hold an executive session to consider "personnel" matters is.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 Brown Act (43 Ops. Cal. Atty.. Gen. 79 - 1964) . The appointment of.a Councilman to fill an existing vacancy during an executive session following which no public vote is taken by the Council in connection with the appointment is proppr because executive sessions may be Meld to consider the appoint- ment of a public officer, among other things The word "consider" includes t e r"VM n e v to act appointment of an officer .(LuuccM v.1 Board of Trustees of Arm Joint Union High School District - 197.1 - 18 CA 9d 988, 901; 40 Ope Cal. Atty. Gen. 4 - 1962) : . / The right to hold an executive session for the, appointment of a public officer extends ti to the choosing by a public body of its own oificeri and ie'not restricted to the appoint- ment of some arson to a separate si or. P P po 6rdo (20dar v.- Oakltgd Museum Advisory Commission - 1073 - 38 CA 3d 73, 70) , Neither members of the press nor any other individuals who are not witnesses'in the matter being investigated may be admitted to an executive session.because the Brown . Act "does not permit exceptions to be :Wade for one or more memi3era 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 authorising executive sessions, namely. a .crec , confidentiality, and.absence of publicity, would-be rendered nuptory by per- mitti individuals other than raeinbors of the puVIIc body involved to ettind• executive see (46 Ops. Cal. Atty Gen. 34 - 1988) The Brown Act Perri+s a closed session Z:) consider the dismissal of an officer or ployee unless such-off:cer or employee requests a public hearing. In a dismissal matter the Council's action was sufficient even though not done in an opee'publio meeting (Cossolino v. City of Fontana - 1956 - 138 CA 2d:006, 812) . The Brown Act does no req a-Lre publication of a detailed agenda specifying termina- tion of an employee's eontraci as a matter to be .considered:at an executive session .(Lucas v. Board of Trustees of Armilo Joint.Union High School District'= 1971 - 18 CA'.3d 988, 982; Krauieen'-v., S�se6o_County 40kior. Collie-`�l�ittrict - 197.! - 42 CA 3d 394,. 404) : The general. ruie is that an.employee may re-quest 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 asto whether the hearing shall be public or private. (44 Ops. Cal. Atty. Oiin. 147 - 1904) . Minutes of executive sessions csncerrzng discussions or action on personnel mat- ters are not available.for pubic Inspection They maybe made public by the,determina- tion of a majority 5f the go ve r rci r g body to ma ke all or any portion of the.minutes of an executive. session p►xbiic as they deem appropriate regardless of the concurrence of the parties involved. To rewire that the minutes of at► executive session mutt be open.to . publ:c inspection would destroy. the vor3► purpose"of the exception eonfsitlad In the Brown' Act 144 Ope Cal Atty Gen 147 - 1964) : Wihe:. a schootd distrat eznp:o�ee req�,:e.�iad a public heang in a personnel matter . and the governing boasts held an executive session.prior to the second public hearing in order to review the answer a given during the first public hearing, the employee claimed that since he had relaested a public %earing it was improper" consider any Phase of the matter in an exec%t!ve session. The court.held that'if there was at technical violation of the Brown Act, it in no way prejudiced the employee's rights and did not Vinvalidate the. Boards ac.ion. :ecauee the Board did not take any action or bear any addi- tional evidence !Huntington Beach" Utuob fth!Sab"I Dist. V. Collins -.1�2 - 202 CA y. 2d 077, 882)" �. Its. A discussion during an executive session of the qualifications of.two persons 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 i held not to violate the Brown Act because the discussion during an executive session of the personal qualifications of the two men in:question came within the "closed ses- sion exception" provided,in the Drown Act (Lem ern .Sag:,AUa::County Hospit4 Dist. 3988 - 246 CA 2d.87:9, 6076.78) , LITIGATION Meetings of a City Council with its City Attorney.for the purpose.of general die- ussion and consideration of problems confronting'the Council, including:legal prob- lems, are subject to :the Brown Act, The holding of an, executive sessfon with.the'City Attorney.to consider litigation pending or threatened 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) pending, pad or antic* ated, to be..open'to the public where a public discussion of such matters would redoune benefit of the city Is adversary and. to the detriment of the public (38.Ops. Cal. Atty.. Gen. 175 - 1980) . 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 Attornay to-to the l.¢gal:effect of mat".Z., ending beforr►.tfie City Council, such meetings =ust be open to the public This opinion was reinforced in 1903 when the Attorney. General 142 Ops. Cal. Atty. Gen. 81) 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:eession. exception (Sec. 54957) , or are the subject of then current or pending litigation within the narrow limits carefully outlined in the 1900 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 Newepapex!Guild v. Sacramento County Board of Supervisors - 1967. - 255 CA 2d 51) However, the definitive approval of a public body's right to meet.with its attorney .n an executive session under. the appropriate circumstances came one-year later in Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 CA 2d 41, 52-55. A privilege attaches 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 J y policy are stripped of value. After noting that the statutory lawyer-cLznt 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 -10- sh(,uld have no advantage in legal strife; neither should it be a second class citizen: PR.00R'DURAI RUI439 CONCER IG`MEBTIN,GS A meeting is not required to be held'wthin 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. 54054) . Meetings of city councils in general law cities must be held within.the corporate limits of the city (Sec. 38808) . On May..1, 1075, the Superior Court of San Luis Obispo County held that the law under which general law.citise were formed provides that city councils of such cities must meet within the bo•indaries thereof. The court also noted that other advisory boards. commissions and committees must meet within the city limits ex- cept for meetings which require an examination of facts and data outside the:territory of the local agency. (Five.Cities Ti�pn�ie►. Pees..Reoorder et al v. Ci 'of A r o Grande. 1975 - San Luis Obispo:County uperior oust No.: 5437) . The Merced City Charter requires that all.City Council meetings be held iri the Coun- cil 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 press, such meetings at which there 'Was a.discussion_or deliberation concerning public business, were held to be a violation of the Brown Act. . While the.Charter require t ment concerning -the place of holding meetings was controlling, it should be.noted that J such gatherings were held to be "meetings" within the. decision of the Sacramento News- f apex Guild case discussed previously _Meetings of Councilmen with other municipal, county or statewide legislative bodies or.officials for the discussion of matters of common interest, wherever held, were excepted,.(Linton v.: City Council - 1988 -Merced County. Superior Court No. 37039) . A numbez of procedural. rules also are laid down in the Brown Act. .It requires that 4he time ar d place of regular meetings be set by ordinance, resolution,.or:by-laws.. A � regular meeting falling on a holiday is to be'held on`the.next bueinese-day. In case of . an emergency, the presiding officer may designate another meeting place (Sec. 54954) . Any type -of meeting may be adjourned to a time and place specified, or by the clerk or secretary :.n :he absence of all members,.in which case written notice must be given in. ' `he same manner as provided-for special meetings. A copy of the order.or.notice of adjournment is requ'_red to be posted at the place where the meeting was held.within Z 4 hours thereafter. ' If the order fails to state the hour .at which the adjourned.meeting 's to be held. it shall be held at the hour epec2"lied for regular meetings (Sec.. 54955) A ht ar.ns frta., be cone.,- _ed.in the same manner as a meeting may be adjourned, but if it iR co! nued !ass than 24 hours after the time specified in the order or.notice of hearing, a c7py of the cost_nuance order or notice t''ust be postied.immediately Lollo*i-"i.the meet '.-:g .CSec _ 54955 .1) . Notice �)f a special meeting, which may be called by the presiding officer or.a rity of tie members, Is. x'e(1111red to be. delivered personally or by t.,ail'to each rrepbnFr d:,ci !:) eacit local new:--'Vil pe .ia r.. radio; or televietoii stati which has reyuf-.-;!c.+ :w0ce n ivr"ing, tit !east 21 is Irs prior to the t.me of the spec ial meetin The Business to be transacted must be specified in addition to the me and place, and no ithu r business. may be considered. Written.notice may be dispensed with as to any weinlu•r wim riles H written waiver of'notiee et or prior to the time or this special meeting. Any waive i may he y,iven by teleg - ram Written nonce may be diNpenlw-d with aftto-tiny member w1io is artuall•y present when the meeting convenes' (Sec:. 54958) . The required notice to news media of special meetings must be actually delivered at least 24 hours before the time of such meeting to ho�re.media who.have requested notice in writing. . Deposit of such a n4ticb in the:to is_not sufficient (530ps. Cal. Atty. Gen. 246 - 1870) . Any propertyy owner within a District (but not a city). may request in writing mailed notice of every regular or.special weetin (Sec. 54964.1).. The detailed requirements to be complied with by_tke District are sel 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 .Eldorado v, Reed - 11 C. 130) held that-.the business of the Supervisors ie required to berjbraa4ktad at ,. t to ar me�etingo., tided by law_ , and the public is entitled osed to notice'of e=business proptio be traned+e tit special .Y►eetings, 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 regular or special meeting:of the 1 Mine body of a local public agency are:public reporde:open.to inspection (32 Ops. Col. Atty. Gen 240 - MISCELLANEOUS PROVISIONS In 1870 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.ahe.admittance hof any person; or term o ns; on the baits of.;xace, religious creed, color, palionpl origin, ancestry, or sex ( eetion 54001) . ';In the event that any meeting is willfully interrupted by a group or groups of per- sons 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 thet.-meeting, the Members of the legislative body conducting the.meeting may,order the meeting room cleared and continue in session. On;y matters.appearing on tte.agenda maybe considered in such a session . Duly accredited representatives of the press or other news media, except those participating :n 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 individuplg..not..reopmoble for. will disturbing.the ' orderly conduct of the ''s,ting" Sec . n 1 .1 :if.1975 -12- • . J� 1'l'�' �T1f OF HV. NTINGT( BEACH •�' 'Z INTER-DEPARTMENT COMMUNICATION NUNTINGION MAU( ' FLOYD G . BELSITO To. Acting City Administrator From City Attorney Subject City Reimbursement for Date June 29 , 1976 Expenses of Councilperson ' s Spouse You have asked for the City Attorney ' r opt.nion .respecting the legality of reimbursing the expenc,s of the spouse of Council member, when attending, a func.t:ion whose cost when incurred by the Council member is reimbursed by the City . With respect to the Council. member, rcimhur,;ement is authorized under Section 502 of the City Charl..ct•_ on order of the City Council for council-authorized t-.ravelin . 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 motith as rerlulred by proposed . nmended Section 2 . 28. 010 of the Huntington Beach Municipal Code . These is no provision in the C.1t: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 reimbursetnhnt of expenses of Council member. 's spou,-.;e and althvurli i.l: is not, ent trely free from doubt, .it; is our conservative opinion I,hat such reimbursement would not: be valid inasmuch as they probably constitute a "gift of public funds" . Respectfuily . submitted , I.)nN P. PONFA LciL.VALC rno y I)PB:er f e� 39. 14AMA1Vlrl1L III% J11 J IJJ V1' ATM'l1V11 r%J 1YV yrrlVt,ltia r + , 839 - 1701 STREET,N.W. *10" , WASHINGTON, D.C. 20006 �, [202) 347-7996 �1 N T1N U") PRESIDENT EUGENE N.COLLINS City Attorney'hattanooge,Tennessee1st VICE PRESIDENT CONARD B.MATTOX,JR. City Affornty Richmond, Virginia July 9, 1976 2nd VICE PRESIDENT HERBERT P. GLEASON Don P. Bonfa Corporation Couniel Boston,Massachusetts City Attorney 3rd VICE PRESIDENT P.O. Box 190 THOMAS EMMET WALSH Huntington Beach, Calif. 92648 City Attorney Spartanburg,South Carolina Dear Don: TREASURER HENRY W.UNDERHILL,JR. City Attorney This is in response to your inquiry of July 1 as to Charlotte,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.D.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 Dalles,Teas seem to support your conclusion that such expenses could SAMUELGORLICK 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 `, "The state or its municipal subdivisions or JOHN DEKKER City Attorney agencies may expend public money only for a pub- Wichita, Kenses lic purpose. A 'public purpose' is such an ac- BURT PINES tivlty as will serve as a benefit to the com- city Attorney munity as a body and. which, _at the same time , Los Angeles,California is directly related to the functions of govern- DAMES 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 determina— City A"orney tion. The mere fact that some private interests Tulsa,Oklahoma may derive an incidental benefit from the acti- _ W.BERNARD RICHLAND vity does not deprive the activity of its pub- Corporation CounselNew York,Now York lic nature if its primary purpose is Public. On the other hand, if the primary object is to pro- Corporation Counsel mote some private end, the expenditure is ille- Corp°rali°n Co.lniel P Chicarin. Illinois gal , although it may incidentally also serve S.G.JOHNOROE,JR. some public purpose.." Port Authority v. Fisher, City Attorney 269 Minn. 276, 132 N.W.-M 183, See Pa,Worth,Texas also Visina v. Freeman, 89 N.W. 2d 635 (Minn. 1958) ; J. LAMAR SHELLEY City of Pi es.tone v. Madsen, 178 N.W. 2d 594 (Minn. City Attorney Mew,Arizona 1970) . BENJAMIN L.BROWN City Solicitor A California court concluded that "payment of the ne- Bal"more,Ma"land cessary expenses incurred by the duly delegated officers and employees of the city of Roseville in attending the annual conference of the League of California Cities, will consti- tute a lawful disbursement of municipal funds for a public purpose. " City of Roseville v. Tulley, 131 P. 2d 395 , 400 li ri 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. 0401 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 . 64 . 16 Fines ,- penalties and franchises - i Chapter 1 . 04 , PARLIAMENTARY PROCEDURE (continued) 1 . 04 . 17 Other actions. 1. 04 . 18 When minute :actlon .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 . 0.4 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 i Chapter 1. 01 CITY COUNCIL 1 , 01. 01 Rules- of Office of Counc 1pe=sons: ..; The Huntington. 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 64o. .(2) cycles. our (4) Council members ;F 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' are held on the first Tuesday -in November. The term of a City 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) I.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` b - 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, , .xcept- 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). Ca.11ing. 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 exami-ne them under oath and to compel the''production .of evidence. (Charter -§ 304) (d) ;. Adopting ordinances . and :resolutions_. (.Charter § -500) (e) Approving city contracts or authorizing the City Administrator so to bind . the.,:city. ..(Charter ' §;.613) (f) By ordinance. .or.`-.resblution 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 Admini.strator by maj:o:rity_- .vote, except during- or within ninety:-(9.0) . days of a municipal election. (Charter---.§ 400') (i) Refraining-,.Irom :interference .wi.th. -the administrative service; except. for. :the -purpose ..of inquiry, ! the:-Ci:ty .Counci1 must deal with the-.admi:nis.tr.ativ.e- ser_v,ice_ -thr.ough: .the- ,City Administrator. .(Charter-..§ :3.07): (j ) P.roy,iding - ordinance or resolution for the organization conduct and operation of the various offices and departments of ,the__!zi.ty.-' (Charter § 401)' (k) Cont ro11ing,.al_l;_leg;al, business: of-. ,,the city. (Charter § 304) r (1) Designating- .deposito•rI*e.s-, for city_.funds . (Charter § 311) (m) Fixing by ordinance .or resolution amounts and' term's of official bonds _of- ,all.__ofti:ci:als o.r;employees. ..(Charter § ' 308) (n) Refraining .:from::_having any. conflict of .interest in any. transaction _of the city. (Charter § 313, .$ee Government Code § .87100, (o) Refraining- from engaging _in .nepotism:. (Charter. § 313) (p) Appointing :to and .creating the various boards and commissions of-the city::_ ; (Cha.rter.%=§> 4-0:5-):` (q) Estab.lishiftq.-by ordinance .-B. comprehensive.. personnel system. (Charter_ .:§...403): (r) After public .-hearings, reviewing,.. considering and adopting the annual- sbudget -of the: city.> (,Cha.r.ter .§§ 6`02, 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- (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.Counci.l . .(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 COm2ensation 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 : (Char:ter ..-§_ 302, Huntington. Beach Municipal Code § 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- 1. 01 . 08 Statewide ballot propositions . The City Council shall take no stand, either pro or con, with respect to any statewide ballot proposit oii�.• (M'inute 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`-"l mif- for` filing the -appeal is ten (10) calendar- days after_ the decision. :. The appeal must specify in detail the reasons fo.r the.. appeal,. and the hearing is limited to- the specified. reasons:._ (Huritington' Beach :ordinance Code §§ 9880; 9881) , No fee:. is; required for appeals-,by• a Council member . 1 01 10 Guidelines for counci.l_oersons representing city at .conferences or other: such=meetifi is.. -..,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 .C.ity 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 ..couricxlpersoris .sfiall .reflect the wished of a majority of delegates . ` _.. (c) In the event,no prior .instruct o:rib-dr=`directions have been given delegates, ' or in the eve.nt. that the City of Huntington Beach_ is not represented at a•::conference or other such meeting, but the-_mattir` at issue-,-:is one .-on--which;;the Orange County League of _Cit;ies-_AAA . t,aken. 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. 436.60 67Dec. 7'6)� .:;Chanter: 1.02.. 'CODE OF .ETHICS . ,_ 1, 02 .01 Purpose' of` code. The proper- operation of . democratic government requires_ that, public. officials::.a-nd, employees be independent;. impart-ia1, a,nd res:po6s.ible to the people. The purpose of- `this code is to establish ethical standards of conduct.- for .a.la .such. of.f;icials. 1, 02 . 02 Pet ini.tion:: _ _.The' municipal .off.iciala. .and employees of the City of Huntington Heach-,. w- , ther elected. or appointed, are "public officials and 'employees" witliin- the meaning of this code. -4- r 1 • 1 . 02 .93 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 counr.i•1 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. 41.61, .17 Nov '75) _5_ 1. 03 . 02 Special Meetings . . .Specia.l _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 § 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 wi thin- 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 spe_akers_._.: _:_Speakers__-shall _fill out.: a form. provided by the City Clerk:.and -give;.:it.: to=ithe._City Clerk prior..-.to -.the• meeting . No person may: donate-;hi-s-.or her:;.. me -to .another.- speaker. Chapter 1.04 PARLIAMENTARY PROCEDURE 1 ,04 . 01 Roberts-Rules. of Order. =Newly Revised. In 'all matters of parliamentary' p-rocedure 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 - Parliamenta-rian_,-,11-,The: City Attorney- is parliamentarian for the City. Council, and. upon . the request of the Mayor or upon his own initiative, shall -make rul-ings on . points of parliamentary. procedure 1, 04 .03 Motions : 'Mdtibns.* 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 Vith=:-the consent of. the,,second , and in the absence of objection `f'rom'any•-other.-member-of--the Council. ._ 1. 04 . 04 Vote required. A few actions require more .than four (4) votes. They. . include .flve'--(5).. votes for zoning moratoria (Government..Code- §:'-,,6-5658 as 21imited_by-. Charter ,§ 501) , five (5) votes for-,a *reso•lution-.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 nonemerg.ency: ordinances;.-: four .(4) affirmative votes are. requi.r:ed:•. I=n add-it.ion,::,four (:4) . votes are required for the making or..-approving aay , rder-Jor the .payment of .money. (Charter : § 500)" 1 , 04 . 05 Emergency- ordinances Any ordinance declared by the City Council . to be- necessary .as. an; emergency..measur.e for the immediate preservat:ion..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- 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 Pawer 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 behaif -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 appearfor 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 .ci.ty,' 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 o4.,or contract. for Prosecutions, litigation or..oth.er: hegal matters. - (Charter § 304) Chapter :1.07 ROLE OF THE CITY TREASURER 1r. 02 . 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 s:er`ve for a term of four (4) years and until a :successor �qualif. es. (Chaster= §.§ 300, 3:11) 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. al-1 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 o-rders ' 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 .reso.lution, and- appoint such deputies at. such salaries as the- City Council may prescribe by ordinance -or resolution. :(Cli.arter § 3-11) Chapter ROLE- .OF THE CITY CLERK 1, 08 . 01 Term. The City Clerk i.s 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 §S­136.0, .310) 1 . 08 . 02 Powers ..and duties. The Clerk° s- 'duties include but are not limited to: attending a.11 .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 custod°i'an­ 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--offici s o asseso..r unless the City Council by ,ord-inance provides o'therwise:. - 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)i. 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) 4727E -19- CERTIFICATION I, City Clerk of the City of Huntington'Be.ach, certify that the foregoing City Council Manual, . revis.ed 1989, was duly adopted by the City Council on November �__, 1989 . City Clerk APPROVED AS TO FORM: Gail- u ton, City Attorney i 4.727E -15- - OFFICE OF "_"� CITY ATTORNEY P.0.BOX,2740 2000 MAIN STREET HUNTINGTON BEACH CAQFORNIA•92647 .- dAIL HUTTON TELEPHONE City Attorney (714)536C"S -THE -R-ALPH M. BROWN AACT Governmeni Code Sections : .. 54950•— 54962 • •" l•489�Edltion _ , . . 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."peopleis 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._pe:9ple, in delegating authority, do not give their public servants the right to decide what is good fpr. 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.54950.5. TITLE .OF;ACT. This chapter shall be known as the Ralph M. Brown Act. Section 54951: (LOCAL AGENCY.0 As used In .this chapter, "local agency" means a . county, city, whether general,.iaw. or ;char-tered,. city anal_. county, town, ._school district, municipal corporation, district; political subdlvislon, o - any.boar ,,.,.,cominisslon Or' agency thereof, or of er 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_organizatio.ns-that receive public money to be expended for public. purposes_"pursuant to ,the,-Mconomic: Opportunity-.Act of 1964" (P.L. 88-452; 78 Stat. 50.8)•. . Section 54951.7. ■LOCAL AGENCY.' "Local agency" includes any nonprofit corporation; created by one or more• aoeal agencies, anyone of the members of whose board of directors I.s appointed by such local agencies and which is formed to acquire, construct, reconstruct, maintain or:_o_perate .any-public-.work project. Section 54952. PLEG.IS.LATIV.E BO.D.Y..!,_ As.us.ed in—this.. chapter,. "legislative body" means the governing board, commission, dirt ctors••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 offieial.capacity as members and which ,. Is supported in whole or in part by funds provided by.such agen.cy,. whether such board, . commission, committee or other body is organized and operated by such .local agent;• or by a private.corporation. 12/31/88 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.slmlfar 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 comniisslons,•and other perinanent 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 positiV'e or a negative decision,. or..an, actual Vote .by :a.. majority.of the .members of a legislative body when sitting as a.. dy',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 ei.eeted 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 sh&''! be open and public, and all . perso.ns shall be permitted to `attend any meeting . of the legislative body of a, local agency, except as o the-rwise•-proV,ided'in this chapter. .. .2. (b) Notwithstan"ding any other provision of law, the legislative body of a local agency may use v.ldeo 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.publlc.c.omment or- testimony by the legislative body and to deliberations of the legislative -body. If the legislative body of i 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 provldes for both audlo 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 1, 1994, and on that date is repealed, unless ..a later enacted statute, which "is chaptered before January 1, 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. publlc, 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 PLEGISLATIVE BODY" TO GIVE :,. -TESTIMONY •.IN. PRIVATE. The provl3ions of this chapter: shall not be construed to :�A- 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 public ;shall 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, questlonnalre, or other similar. document is posted.at or near the entrance to the room where the meeting Is to be held, or Is circulated to the persons present during the meeting;`it shall state clearly that the signing, registering, or completion-of the'documentationas voluntary,-and that all-persons may attend the meeting regardless. of.-whether ,i'.perion`sighs,' 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 shal.l.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 oon 'th'ose appointed legislative.bodies of the local. agenc.y of which all or a .majo.rity.of the members are appointed by or under the a,uthorityof the elected legislative body. 3. Section 54954. RULESi,..FOR• CONDUCT OF .BUSINESS; TIME AND PLACE FOR HOLDING MEETINGS. The legislative body of a local agency shall provide, by ordinance, resolution- bylaws, or by whatever other rule l.s,: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. :fit 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'prlor to th date -set=for:'the'meeting;*to any�6wner of property located e the district who -has-.filed a written:request for such notice-..with the I.e:gisla&tl.v.e body..: Any mailed notice.,re quire d pursuant to this section •shal.l=be,m.atled.;at:least-one!week;-prior to the.date-.set for�ihe:meeting to:which. it"•applies•:exceptrthat:t:he:rlegisia•tivt-body-may-give such no.tice;;as it deems practical of, special meetings called less than-seven days prior to the date set for the meeting. + Any: request;for:notice�:filed pursuant otoz this :sect ion shall be-valid for- one year from the date on which .-It is filed unless a:renewal:request: is filed. Renewal requests for: no.ticetsliail-.be filed.:-within, 90 dAyr ifter January0l;iof!each-%year.• Any request for.notice, or!renewal request; filed,:pursuant to this section shall contain.a description of the property owned._by the person filing the request. Such description may be in general ) terms but'shall be sufficient enoughao readily Identify such:property. {r. The legislative body may establish a reasonable annual charge for sending such notice ba'sed,on.tWesttrnated cost:of:providing•sueh�a ser:v.iee.:} Section 54954.2 - . --POS.TIN.G AGENDAS ..... _ M -f.., rA. (a) At least 72 hours before a regular meeting, the legislative body of . the local agency, .'or::its:.designee;: shall post:':a.n.!agenda contilni'Wg' a..'bri.e.f general . description of.:each.at.em. o.f. business to .be .transacted;or..•.discussed, ate the :meeting. , The agenda.shall,specify the .time-and :location of:the regular meeting and�shalhbe:_posted in:a. location .that,:,is. f reely :acce. ssi.ble.:to_:mambers o.f:;the :publlc; ;No. sction:ahail.be.taked 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: 1. Upon a determination by a majority vote of the legisia,tive body. that an emergency -situation exists, as defi'ned .In Section 34956.5. 2. Upon a deter.mination 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 subdiv.1slon (a). 4. 3. The Item was posted pursuant to, subdivision (a) for a prior meeting of the ;Ieglslative 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,. 34954.2: 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 subs tantlally changed since the committee heard the item,. as determined by the'councll, or.board: (b) The legislative body of a -ioc.al 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 ofltime.alioeated for public testimony on .particular issues and for each Indlvldial speaker. f 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.ad)ournment. Less than a quorum may so a.djourn 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, spe'clal or.adjourned special meeting was held within 24 hours after .the time of .the adjournment. .-Wheh..&Jegular or .adjourned regular meeting is adjourned as provided in. this section, the resulting adjourned regular meeting is a regular meeting for ali.purp'ose.s. 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 taw, 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 ahy subsequentemeeting 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:' . 5. Section 54956. SPECIAL ME'E-TINGS. ' A special .meeting may be called at•any time by the presiding officer of thi' legislative 'body 'of a loc-aF agency, or by a majority of the members of the legislative body; b'y' deli.vering personally" or `tiy mall written 'notice to each member of'the legislative, body 4nd-fo each•I'oeal-newspaper of -general circulation, radio or 'teie"vislon station requestidg :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 'me,eting and the business to be transacted:. '.No: :other.•. business shall be considaiedl`at 'these meetings by- the' .legislative- _l ody.-eThe—,written - notice . m.ay be dispensed 'wlth' it to`shy member who at'.or "prior to the" time. the -.ma'sting.:convones files with the clerk -of"se`cretary of the legislative body'axwrltten`walvertof notice. -T:he..walver. may be" given'b'y "telegram. The written notiee' -rhi•"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 're'gardle'ss"of whether`any°action`Is taken at the special meeting. o.,� •._ ; �; . The call and notice shall be p'osted 'at least 24 hours prior to the special'm•eeting in a location;tliat Is'tre'sly accessible t'o'-e iWl e'rs•of the public:" Section 54956.5; - EMERGENCY MEETINGS;-.NOTICE: Ir 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 with• eltfibr"the''244i6o k��ridti'ei :requirement or the 24-hour posting requarement of Section 54956 or both of t/heL: notice and posting requirements. For ur oses:of this. section 'Nemec enc situation■ means an of the P P , g Y Y� following• .: . -.. .. .c: :�•_ :;, J„[:i.i .zQes. +. . r• ;�. :r )cd, (a) Work stoppage or other.:activity..which severely Impairs public health, safety,' or .both, as determined liy 'a mijorit�i'-ot the members `of 'the legislative body. . r r r :n.;,. (b). Crippling disaster which+s Jie is ff)mpalrs:public Health,4ife'ty, or both,.as determined by a majority'-of•'themeinbe-rs`of'-ih"i'leglsiatire`body..' However, 'each`'Io,cV'"newspaper-of=gorier:I"cifculationi and radio or televislon �st'atlon' which • has •requesfed''notice `'of epeclil''hneetings' pu'rivant "to'•Section 54956 shal ;be notified''by 'the presiding'-'of i(c!ir 'of�thir Isgislatiwe' body,, or deslgnea thereof, one hour prior to the emerger(i;y`mbeting"by te'lepirone'and'ail"telephone numbers provided In••the"'most recent raquest 'o.f. such' nerrspaper *or 'statl'on 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 legislative body, or designee of. the `Iegislative�body it hall'notify-those newspapers, radio stations, or television stations of the fact of theholding. of'`th•e..emergency meeting, the purpose of the meeting, and any actlo.n-tak-on.at-i a meetIng es"soon after the.m.eeting as possib.le. 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. 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:'m`inimum 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 applicantfs 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 llcens,e-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 declsions .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 I.egislatlys 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 applicant who has been denied a.licenscchallenging 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 instruction's to Its negotlat.or.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 .pe"rsons with whom Its. negotiator may negotiate.. . , For the 'purpose'of t_:his section, the. negotiator May be a member of the legislative body of the local agency. For , purposes of this section, "lease° 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 dom'ah proceedings pursuant to Section 54956.9. Section 54966.9. 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. 7. For purposes of this .chapter, all expressions of the lawyer—client privilege other than those provid'ed'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.. -I' For purposes of .this section,Altigation shall be considered pending when any. of the foliowing-.circum stand es-.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 if ormally; (b) (1) A ,point has been reached-wher.e.;-In. the .opinion-of-;the leglsla-tiv:e body:of•the-local agency onithe advitie of its legal-counsel, based•on-existing facts and circumstances, there Is a- significant "exposure' to litigation against the local-agency. _ s•. . t (2) • .Based.- --on. existing.'-,'facts-.-,---and 'circu'mstances; ''the legislative body--of-the -loc4l agency ls.!meeting only to decide:_whether•.a.closed:session,is,-authorized pursuant to paragraph (1) of this subdivision.. (c) based on'existing facts and circumstances,'- theL'°IegisliItlVe body of the, local:agency has decided-to Initiate-or Is 'deciding whether. to-initiate Ilttgatibnc " 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. Af..the session Is closed pufiusnt to-subdivislon(a), the body shall state the title of.or otherwise specifically Id.entif t.he::lltigation-to -beAlscussed, unless--the body states that to-do so would jeopardize .thew.gency's• abili:ty.:to-effectuate service of'-pro cess'.upon one. or more unser.ve.d parties,- or"ahat -to-do so �would-jeopardize Its'.:abillty' to conclude existing-settlement negotiations,toAtsadvantage: The legal.counsel:of"the legislative body .of the local- agency- shall prepare and .submit to the body .a. memorandum. .stating -the speclfic.. reasons' and legal authority for the closed session. : lf, the .closed 'session; is pursuant to:subdivision (a), the memorandum shall include the .title :o,.f.the litigation. Af. the- closed sessionlis'pursuarit'to subdivision (b) or•(c), the memorandum shall .include the.existing• facts and_icircumstances on which It Is based.. The legal .counsel shall.:submit,the 'me morindum'to 'the' body!prior to the closed session if feasible, and In -any.casesno :later.'thaw one :week after the closed session.:. The memorandum shall be-ex'empt from:disciosure '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 t•o'p.ublic 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 In,vestiga'ted by the legislative body.. 8. For the purposes of this section, the term "employee" shall not include any person elected to offlce;;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 supplong ' service`s, 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 organizition as defined in Section 54952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appolntment;_employment, evaluation of performance, or -dismissal of a-n '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 nor 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 shil'i publicly report at the public meeting during which the closed session is held'or' at its next.publlc meeting any action taken; and any rolicall vote. thereon, to appoint, employ, or dismiss a public..imployee 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:publ(c 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 thii -chapter Is alleged to have occurred at a closed session, to.a court of ,general Jurisdiction wherein the local agency Iles. 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 kecords Act (Chapter 3.5 (commencing with Section 6250) of_ Division 7 of Title I) as soon as- distributed; and shall } be made available pursuant to Sections 6253 and 6.256. However, this -section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7. 9. (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) Writings which are public records under subdivision (a) and .which. are distributed-during their diseusslo'n:at a'public mee'tirfi-shall be -ma de•''avai'lable for..publicArspection'immedlatelj.•.or-;as soon thereafter as Is:practicable. 3 - (e) Nothing inithis• section-shall be - construedi'to=•preveriti�the ..legis,lative,bod.y ,qf;,a•local agan.cy •from charging.a-fee=or depositJor --a.•,copy,of-r-public .record_:pursuant..-to;Sectlon.6257. :The .writings described In,subdivlsions-l(b)p(c); and-(d)-are subJect...4o.,.� the,,.requlrementsd of.,"%the, •California=5 Publlc;•'R•ecords-'Act; (Cha0ter'')3 5 (commerrcing.•with -Section 6250) -Division 7,;Title 1), and subdlvislonsi(b), (e),candr(d) Will not be construed ,toiexempt from-public Inspection- any record CoVered--by-that�-a"ct;'or''to ilmtt thetpublic'rt"right to (hip6c't~any- record required i.to Vi di•s'closed:by`thlit`'acY.*"This section sha°il, notzbe,.'construe'd to= be•lapplicable ;to any 'writings solely= b'eckuse-ithey°'are properly discussed. In--a' 'closed session of, i, legislative',body' -of 1hs''local' a'genc.y. nNothing In -this 'cha•ptsrJshall' be- construad_ to, require a legislative`.body"or a,lot itlagency't'd. place any,paid-advertisement-or any other .paid notice:in any publication:'•- -,.`. (f) "wri_ting" for purposes=`of-this section`-mWa7hs "writing" as defined under Section 6252. Section" 549576.-.- CLOSED,SESSIONS- RECORDING-' EMPLOYMENT COMPENS-ATIONc ;(a) Notwithstanding any other::provision -of+law,4 legislative body of a . local ,-. agency : may hold! .closed sessions - with the' local �agencyrs� designated representatives .regarding the:salaries,ssalary'schedules, or compensation paid In the form• of fringe benefits of its represented and unrepresented- employees. Closed sessions of a legislative body. of a local agsncyj'as p d''er'mittein this`section 'shfll'be�forthe,purposeTof reviewing. its'—position. and-instructinrJ thew Idca V agencyls �deiighated::representttives. Closed ;sessions,-- ast-p'ermitted`. :fn''.this. -sectloni-I may take Lplaee:f prior-•-to.e-`a`rid' 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 repress ntatives'on mandatory subjects within the scope of Sept-esentation 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. .subdivislon;.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. 0 meetings, the statement shall be made as part of the notice provided for the special adjourned, or continued meeting. Nothing in this sec.tion.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 MULTI)URISDICTIONAL DRUG LAW ENFORCEMENT AGENCY. Nothing contained In this chapter shall be construed to prevent the legislative body:.of a multijurisdictional 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 multljurisdictional drug- law enforcement agency or.- of.^ any- party to the joint powers agreement; to hear testimony. from -persons :Involved f_ri :'the investigation,-and to discuss courses of action in particular cases.. ■Multijurisdictional drug law enforcement agency,' for purposes of this section, means a joint power's entity formed pursuant, to Article I (commencing.wlth Section 6500) of Chapter. 5 o.f'Division 7 of Title, 1, which provides drug law enforcement services for the partles-to the joint powers agreement. The Leglslature finds and declares .that this section is within the public interest; in'that Its-provlsions are necessary to p3rev.ent the impairment of ongoing law enforcement Inv-estiga,tions, to.pro.tact wltnesse;s,.:_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 groups of.persons so as to render the orderly conduct of.s.uch. meeting unfeasible and order cannot be restored by the removal of individuals `ikho 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`se'ssi'on. 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.provisions of this chapter shall apply to the l.egislativt :body: of. eviery 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 'm.andamus. Injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this 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. I. Section 54960.1 JUDICIAL REVIEW (a) Any interested person may ,c:ommence ,an actio.n.by mandamus or injunction for the purpose of obtaining a judicial determination 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 Interestcd'person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation. of_Seetlo.n. 514953, 5.4.9K2,nor 54956. The demand shall be in writing and c,learly,. dgserlbp. ..,4ha(lengod,,acti,on of.-the legislativi 'body. and °nature oaf 'the alleged vloliti.on. ;,:T�ie.,wr`Itten..demand shall be .made within 30 days from the date the .action .was taken._ .Within. 30_ .days ,of receipt of the demand, the leglsl t'lve body shall cure or.. correct the.Ma(l,engad ac,tio.,n and inform;,the demanding party Ihi writing of its actions to�cure.or,cor`rgcE:or infor.m,jth,e,:demanding pprt,y In writing of its: decision' not to._cure or correct_the rcha)I;enged,'actiont jf,.0a.Jagislati.ve, body takes no 'action. within.the;30-day,period, the*,inac, ip'n,shall ;be ,deemed a ,decision..not to cure or 'correct the 'challenged action, and the IS-day period to commence the action described in.subdivision (a) shall- commence::to. .r,un the-,day,,aftgr ;the:3Q;day Derlod,to. cure or correct expires. Within 15 .days of re,ce ,pt of, the .writte.nnotice of- th.e, legislative. body's decislon;to cure or correct; thee' Ir.ation of,the�30 ay period,to cure. or.,correct, or not to cure or correct, within 1'5'days of.or,within 7� ,4ays,,from the„da.te :the. chaileng.ed action was 'taken, whichever is 'a.iflfir', the VeiIManding party' shall{ be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (c) An action talan 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, 54954.2, and 54956.,. 2._ "The action taken ,wa .. ,in..,connection with the sale. -or Issuance _ of notes,:, .kp .d_s,_ or, other evidence . of indebtedness .orQan.y. c.Qntf.Mt,,Instrument, or .agreement thereto. 3. The 'action taken gave rise :to a contractual obligation, including a. contract .let. bya competitive bid, :upon .w,h.Ich, a party has, in.good faith,,detrimentilly-r,elled. 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.. (a) 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'. 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' nd 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 maybe held by the le.gislative.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 3191, Chapter 399, 1988 Stats.; and AB 857, .Chapter 1346, 1988 Stats.) GCH:RCS:sg 0007L 12/31/88 _ 13. From EARLE ROBITAILLE PHONE No. : 714 847 419- Feb. 17 1993 5:25PM P02 ' /1.l�•�t7 ?L-wls eve- MEMO TO: MAYOR AND MEMBERS OF CITY COUNCIL FROM: E. W. ROSITAILLE SUBJ: BUDGET PROBLEMS AND CITY COUNCIL TRAVEL i AS MANY OF YOU MAY HAVE NOTED, THE LOCAL PRESS REPORTED THAT THE CITY COUNCIL IN GARDEN GROVE HAS VOTED TO PAY ALL THEIR OWN TRAVEL EXPENSES FOR TRIPS OUTSIDE OF ORANGE COUNTY. - I WOULD LIKE TO PROPOSE TIIAT THIS CITY COUNCIL GO ON RECORD AT THE FEB. ZZND MEETING BY ADOPTING A POLICY THAT EACH OF US WILL PICK Ur ALL TRAVEL,HOTEL AND PER DIEM COSTS OF ANY TRIPS OUTSIDE OF ORANGE CO. ALL SUCH TRIPS WOULD BE AT NO COST TO THE CITY. IT WOULD BE AN INSU T TO THE VOTERS, AND THE STAFI' TO ASK THEM TO ACCEPT REDUCED SERVICES AND REDUCED STAFFING, WHILE WE ARE FLITTING AROUND THE COUNTRY AT TAXPAYER EXPENSE REGARDLESS OF THE RATIONAL FOR SUCH TRIPS. ANY REQUIRED CONSULTATIONS WITH FEDERAL AND STATE LEGISLATIVE OR REGULATORY ORGANIZATIONS SHOULD BE HERE IN THE CITY, SO ALL MEMBERS OF THE COUNCIL AND INTERESTED STAFF AND CITIZENS CAN TAKE PART. ONCE THE ECONOMY IS IN FULL RECOVERY AND DESIRED LEVELS OF' RESERVES ARE AVALIBLE, THE POLICY CAN BE REVISITED. I WOULD ALSO RECOMMEND THE CITY COUNCIL BE PREPARED TO REDUCE THEIR SALARY BY THE SAME PERCENTAGE AS ANY REDUCTIONS THAT MAY BE REQUIRED FOR THE STAFF IN THE FUTURE. P�fl CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION WaWmw u,OC„ DATE: March 26, 1992 TO: Honorable Mayor and City Council ROVED BY CITY COUNCIL FROM: Jack Kelly, City Council Member _ 19AZ SUBJECT: CATERING AT COUNCIL MEETINGS �TTY .LI;RI{ -- I respectfully request reconsideration and repeal'of our decision to discontinue meals, previously provided at city expense, whenever scheduled Council meetings open with a 5:30p.m. or 6:00 p.m. study session. Normally, 3 or 4 closed session items are also posted for Council consideration during this so called study period. By nature, they are relatively complicated and consume a sufficiency of time to achieve decision making clarity. Food service was introduced to complement the work load of early meetings and facilitate preservation of the advertised, 7:00 p.m., call to order for public sessions in Chambers. No one, in their right mind, would opt to pay for the privilege when more alluring nibbles are, albeit, inconveniently available off campus. The pre-meeting dining experience never was a sought after social soiree. It was always, in fact, a tiresome exercise of gulping uninspired menu items on the run, while in-depth discussion of puzzling closed-session issues made the second forkfull of supposedly hot food, as appetizing as leftover C-rations. In terms of taxpayer expense, one might consider lost work hours of personnel, now asked to leave city desks at 4:30 p.m. to grab a bite, off site, prior to the 5:30 p.m. meetings. Staff is heavily busied with city related activities at that hour. Council is also impacted by attendance at dinnertime meetings which do not offer so much as a modicum of gastronomic sustenance. We are either rushing to City Hall from work or diligently reviewing additional I Ith hour written public comments and staff input, bearing on agendized and closed-session materials for which action is expected that evening. Admittedly a personal observation, there seems no reasonable justification to accept over-the-edge work habits as divine mandate to fulfill Council's fiduciary responsibility. If, however, Council's pleasure continues to be better served by reduced food catering options, I would move, in public session, a motion to eliminate early starts on all subsequent dates of regular, or off-schedule, formal City Council meetings. Thank you for considering these comments. JK:paj X CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION TO: Honorable ayor a City Council Members FROM: Don MacAlli man 3 DATE: March 23, 1992 SUBJECT: RECONSIDERATION OF VOTE AS TO WHERE -► THE PUBLIC COMMENT SECTION BELONGS. � Due to the late hours we have had at the last Council meeting, I feel our majority decision regarding where the Public Comment sections belongs on the agenda, was an act of frustration. Yes, we need to have better control of ouremeetings, but at the same time we must t)P Considerate of not only the public but also those who have public hearings. I -.'lui. .!Ike t;, offer the fo:lo:0i,.z- rl)r ynu cors4.der,ar;un. '1I ve z;K normal opening ceremonies as usual and * en :he following: I. Public Comments This section should be limited to 30 minutes, 3 minutes per speaker, 10 speakers maximum, in the following order: A. Those speaking to the agenda items (not public hearings), B. Those not sneaking to the agenda items. L_ If me:o than speakers to a giv�r_ it m, r� . following foram should be .ollowed; I. Set the maximum time allowed ter i}►r; subject, with a ;m-i-t_:nurr. number of speakers, eighteen minutes maximum (sLx speakers @ 3 minutes each), or nine minutes per side if there is a pro and con. 2. This will necessitate the Mayor indicating to the speakers that they need to organize and choose spoke persons. They will also need to indicate the size of the group for or against the item. 3. If the 30 minutes are going to be exceeded, then the balance of speakers will have a chance to speak after the Public Hearing section. II. Public Hearings A. Allow one hour maximum per item. Follow the rules above (see #3) but with a maximum of 30 minutes per side. Public��omments March 23, 1992 Page -2- III. Public Comments A. This should be after the Public Hearing Section. B. Follow the rules from items 1-3 above, again 30 minute maximum. IV. Second Public Comment Section A. At the direction of the majority of the City Council, extend the time of the second Public Comment section for a given item, with the maximum time for this section to be one hour. We have all agreed that our meetings should end no later than 11:00 p.m. to enable us to maintain this schedule we must control the agenda. I would like to suggest that we try this formula for awhile. I will be talking to each of you prior to our next meeting (April 6th) so that we can hopefully put this to a vote prior to that meeting. Thank you. bl-,`:pai x;;: Mik-.'M%er oaaa, City Administrator Fa L DapKus, Management Assistant I so]wasiLlw— MVI.Alto N al ASSOCIATION of REAL• TORS' 8101 Slater Avenue•Huntington Beach,CA 92647•(714)847-6093 •FAX(714)841-3375 April 2, 1992 Mayor Jim Silva and Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Agenda Item H-6, Reconsideration of Vote As To Where The Public Comment Section Belongs Honorable Councilmembers: As all of you know, representatives of our Association are frequently among the attendees at the City Council meetings and we would like to comment on your action to change the time permitted for public comments. It is has been my experience, that under the current system, members of the community who wish to comment on legally-agendized public hearing items must plan on spending the entire evening at the City Council meeting in order to speak while others who are commenting on other concerns and non-agenda items are heard first. This is not right. In addition, although the televising of Council meetings provides a tremendous public service, it also provides a televised "public forum" for some residents who crave the "notoriety" provided by a televised meeting and who abuse this opportunity for their own gain. We agree with Councilman Robitaillle that the most important issues to the majority of the local residents, which are usually the scheduled public hearing items, should take precedence, however, in the spirit of compromise, we urge you to support Councilman MacAllister's recommendation that a half hour be set aside for public comments for agendized items at the beginning of each meeting and another half hour set aside at the end of the meeting for public comments on other issues. We also support limiting comment on each public hearing item to one hour. While those who abuse the process will never agree, all legitimate organizations should be able to support this fair, equitable and reasonable solution which would cut down on the "endurance-contest" atmosphere of the Council meetings and enable those citizens who have legitimate business to conduct to attend at the appropriate date and time and know that they will be heard. Sincerely, G�j�,�ctie y-u,- Florence Lubow-Bell Association President ( n FLB/JAL �Y ® FLORENCE LUBOW-BELL, President• PAT PAULK, First Vice President �1 LUCILLE HARMON, Second Vice President •JOHN CLOUGHEN, Secretary/Treasurer 1 1 .[a TOR* Directors:JAMES RIGS•JOE GNAS •TERRY REAY• ANNE PUGH•JACKIE CORDARY ........,.. WILL L. WOODS, Executive Vice President•JUDITH A. LEGAN, Vice President/Public Affairs 1CITY� OF HUNTINGTON BEACH • INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Gail Hutton From Connie Brockway City Attorney City Clerk Subject Up—Dating City Council Manual Date 10/10/91 September 3, 1991 Council adopted Resolution No. 6320 pertaining to the selection of the Mayor and Mayor Pro Tempore. Since the document was prepared by your office and is on your word processor, would you please have your staff up—date the manual then send our office a copy which we will file in the vault. Attachment: Resolution No. 6320 RESOLUTION NO. 6320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 1 . 04 , SECTION 1 . 04 . 12 OF RESOLUTION NO. 6085 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED COUNCIL MANUAL" The City Council of the City of Huntington Beach does hereby amend Chapter 1. 04 , Section 1 . 04 . 12 of Resolution No . 6085 to read as follows: CHAPTER 1 . 04 Parliamentary Procedure 1 . 04 . 12 Procedure for Selection of the Mayor and Mayor Pro Tempore The procedure for selection of the Mayor and Mayor Pro Tempore, pursuant to Charter Sections 305 and 306, shall be as follows: (a) At the City Council meeting Following any general or special municipal election at which any council member is installed, or as soon thereafter as the results of the election are certified, the City Council shall elect a Mayor and a Mayor Pro Tempore. In non-election years, the selection of Mayor and Mayor Pro Tempore shall be made at the City Council meeting date closest to the anniversary date of the selections in- the election years . (b) The Mayor and Mayor Pro Tempore shall serve terms of one year . -1- (c) The member of the City Council serving as Mayor Pro Tempore shall become the Mayor on the expiration of the Mayor ' s term. (d) The member of the City Council having the longest consecutive City Council service shall become the Mayor Pro Tempore . (1) In the event that two City Council members 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 Tempore. (2) 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 . (3) Any City Council member who has served as Mayor within the last four years will not be eligible for election as May Pro Tempore. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 'ire; day of sop-temmber 1991. may or ATTEST: APPROVED AS. TO FORM: City Clerk J1 City Attorney ®/ , -2- Res. NO. 6320 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 meeting thereof held on the 3rd day of September , 19 91 by the following. vote: AYES: Councilmembers: Wi.nchell, Silva. Green. &-icy. Rnhitp-i11P, Moulton—Patterson NOES: Councilmembers: MacAll?ister ABSENT: Councilmembers: None City Cler ana ex-o ici er of the City Council of the City of Huntington Beach, California 7 CITY OF H UNTINGTON BEACH J1l'�IIN(:TTNr Bf+cN MAYOR'S MEMO, , . , , . . TO Honorable City Councilmembers FROM Peter Green, Mayor SUBJECT RESOLUTION TO ESTABLISH PRO— DATE August 23, 1991 CEDURES FOR THE SELECTION PROCESS FOR MAYOR AND MAYOR PRO—TEMPORE I have attached a proposed Resolution amending Resolution Number 6085 adopted by the City Council on November 13, 1989, relative to the selection process for the Mayor and Mayor Pro Tempore which I will submit at the September 3, 1991, Council meeting for your consideration. PG:paj xc: Michael T. Uberuaga, City Administrator i4 I Attachments 0 i v I i RESOLUTION NO. 6320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 1. 04, SECTION 1 . 04 . 12 OF RESOLUTION NO. 6085 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED COUNCIL MANUAL" The City Council of the City of Huntington Beach does hereby amend Chapter 1. 04, Section 1. 04 . 12 of Resolution No. 6085 to read as follows : CHAPTER 1. 04 Parliamentary Procedure 1 . 04 . 12 Procedure for Selection of the Mayor and Mayor Pro Tempore The procedure for selection of the Mayor and Mayor Pro Tempore, pursuant to Charter Sections 30-5 and 306, shall be as follows : (a) At the City Council meeting following any general or special municipal election at which any council member is installed, or as soon thereafter as the results of the election are certified, the City Council shall elect a Mayor and a Mayor Pro Tempore. In non-election years, the selection of Mayor and Mayor Pro Tempore .s.hall be made at the City Council meeting date closest to the anniversary date of the selections in- the election years . (b) The Mayor and Mayor Pro Tempore shall serve terms of one year. -1- r (c) The member of the City Council serving as Mayor Pro Tempore shall become the Mayor on the expiration of the Mayor ' s term. (d) The member of the City Council having the longest consecutive City Council service shall become the Mayor Pro Tempore. (1) In the event that two City Council members 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 Tempore. (2) If any member declines his/her term as it arises in rotation, that member shall remain in the same glace in the rotation cycle as if he/she had served. (3) Any City Council member who has served as Mayor within the last four years will not be eligible for election as May Pro Tempore. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of 1991. Ma or ATTEST: APPROVED AS TO FORM: City Clerk City Attorney -2- •r Res. No. 6320 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 meeting thereof held on the 3rd day of September , 19 91 , by the fo-llowing vote: AYES: Council-members: Winchel-1, Silva, Green, Kelly, Rnh,ta,11P, Moulton-Patterson NOES: Councilmembers: MacA111iSter ABSENT: Councilmembers: None 1 ty L I er an - ex-of 1c1 er of the City Council of the City of Huntington Beach, California r RESOLUTION NO. 6085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY i 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 J19 Mayor ATTEST: APPROVED AS TO FORM: City Clerk A- ' City Attorney APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: Mayor i r CITY COUNCIL MANUAL Revised 1989 Revised 1991 City of Huntington Beach County of Orange State of California Prepared by: Gail C . Hutton City Attorney 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 ..41 . 04 . 12 ..._ _-6 : . a_a ... e.e L_ _Fk P fcr Selertian- Ng nr & M3ycr Pro TaTpere 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 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)- ' A-A4 . 07 Reading of ordinances . At the time of introduction or .adoption of an ordinance it shall be read by title only. (Charter § 500) next 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 : (l)- 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. 4 . 12 N mina i n an el ' on. Nomination an election for th offices of mayor and mayor ro tempore shall llow the followin rocedure: (a) At a time set for nomination and election, the ayor and mayor pro mpore shall vacate their espective office as such, and the Ci Clerk or other presidin officer shall ca 1 the Council to ord and proceed to conduct election for t e office of mayor . i I I -7- (IV Any member may nominate any other member, no seconds being equi red, and nominations shall be open until -a motion to close s all be adopted . A c) he vote shall then be conducted on the nominees and if no nominee secures a majority of votes cast, a vote shall be taken on th two nominees with the highest number of votes . (d) All otes on nominees shall be by roll call and may be recorded by. el ctronic or mechanical means . (e).,- No wri -in votes shall be counted and any such write-in votes- s 11 be considered as a failure to vote. (f) In the ca of a tie for the second highest vote, run-off ballots on ch tie nominees shall be cast to break the tie. The tie is bro n when one tie nominee receives the highest number of vot cast on such ballot . when such tie is broken, a vote shall b taken on the nominee who has the highest vote and the tie-breaki nominee. (g) In case of a tie f more than two (2) nominees for the highest- vote, a vote shall a taken on such tie nominees, eliminating all others . (h) All run-off or tie-b aking ballots are subject to the same elimination rules as appl to the first ballot . (i) Successive ballots shall be cast until a nominee is elected. (j ) A nominee shall be elected t any time such nominee has a majority of votes cast on any ball in which all nominees eligible for a final ballot .are in co etition. (k)- Each member shall be entitled nominate one nominee fo.r each office. No member shall nomina himself . ' °.(1) A mayor pro tempore shall then be elected by the same process as set forth in this section for th office of mayor . (m) The mayor and mayor pro tempore, fol wing such proper election, shall serve for terms of one year an until such time as their successors have been elected, qualifie and installed . The "annual election of the mayor and mayor pro to pore shall be held at the first regular meeting following delive y of a certificate of election, or, in years when no gener 1 or special municipal election is held, at the second regular co cil 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- ' /,,IU,I LJ12) CITY OF HUNTINGTON BEACH CA 85-94 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINCTON BEACH To Honorable Mayor and From Charles W. Thomps , City Councilmembers City Administrator Subject ELECTION OF MAYOR AND Date October 30, 1985 MAYOR PRO TEMPORE Attached please find a memo from the City Clerk indicating that the off-election year selection by the City Council of the .Mayor is currently at the discretion of the City Council. Two actions are requested at the November 4th City Council meeting. 1. Set the date for the City Council selection of :Mayor and :Mayor Pro Tempore. 2. Direct staff to revise Resolution 3664 and bring back to City Council for action DLB:paj J � CITY "OFJ HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION To Rich'Barnard From Alicia M.. Wentworth, City Clerk Assistant--to City Administrator Subject Election,:.of_ Mayor • Date October 29, 1985 The City Charter, under S. 305 does not specify the off-year election of Mayor.. (attached) The only resolution on the subject is Resolution No. 3664, adopted April 2, 1973 and badly in need of up-dating. In any :case, the off- ' election year meeting date is definitely at the discretion of the Council until a resolution spells it out otherwise. Please give us adequate notice before the Agenda is prepared. If action is taken by Council, it has to be on November 4. RESOLUTION NO. 3664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION NO. 3164 RELAtIVE TO CONDUCT OF COUNCIL MEETINGS AT WHICH THE ELECTION OF MAYOR AND MAYOR PRO TEMPORE IS HELD The City Council of the City of Huntington Beach does hereby amend Section 8 of Resolution No . 3164 , as amended by Resolution No . 3306, to read as follows : 8 . 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 az. 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 motion 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 . ( e ) No write-in votes shall be counted and any such write-in votes shall be considered as 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 . •3 1 . lm a (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 vice mayor pro tempore , following such proper election , shall serve for a term 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 time specified in Section 504 of the Charter, or , in years when no general or special municipal election is held , at the second regular council meeting, in April , or at such time on the day of the second regular council meeting in April as shall be publicly announced at the rer.t immediately preceding regular council meeting . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of April , 1973 • Mayor ATTEST : City Clerk APPROVED AS TO FORM : City Attorney AiN 2 . ` : Res. No: 3664 STATE OF CALIFORNIA ) COUNIR;OF ORANGE ) a a CITY OF.HUNTINGTON BEACH ) I, ERNESTINA DI FABIO, the duly appointed, qualified Acting 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 2nd day of April 19 73 by the following vote: AYES: Councilmen: �., Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen _ NOES: Councilmen: None ABSENT: Councilmen: None Acting City Clerk and ex-officio C- Clerk of the City Council of the City of Ruirtington Beach, Cclif- ornia 1 V i absence or by any member of the City Council in the absence of both manner as violations of this Charter are punishable. 1'~1ne City Council ` the Mayer and Mayor Pro Tem provided that the nature of the emergency shall have the control of all legal business and proceedings and all ' is set forth in the minutes of the meeting. property of the legal department, and may employ other attorneys to .1 take charge of or mayocontract for any p rosecution, litigation or other '(c) Place of Meetings. All regular meetings shall be held in legal matter or business. 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 (c) Rules of Order. The City Council shall establish rules for or other emergency, it shall be unsafe to meet in the place designated, the conduct of its proceedings and evict or prosecute any member or the meetings may be held for the duration of the emergency at such other person for disorderly conduct at any of its meetings. Upon place within the City as is designated by the Mayor, or, if he should adoption of any ordinance, resolution, or order for payment of money, fail to act, by a majority of the members of the City Council. or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered (d) Open Meetings. All regular and special meetings of the City in the minutes of the meeting. .uncil shall be open and public, and all persons shall be permitted Section 305. PRESIDING OFFICER. At the Council meeting at which to attend such meetings, except that the provisions of this section 9 any Council member is installed following any general or special munic- shall not apply to executive sessions. Subject to the rules govern- ing the conduct of City Council meetings, no person shall be denied ipal 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 the right to be heard by the City Council. 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 Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER, proceedings. The Mayor shall be the official head of the City for all (a) Quorum. A majority of the members of the City Council shall ceremonial purposes; shall have the primary but not the exclusive re- constitute a quorum to do business but a lesser number may adjourn sponsibility for interpreting the policies, programs and needs of the from time to time. In the absence of all the members of the City City government to the people, and as occasion requires, may inform • Council from any regular meeting or adjourned regular meeting, the the people of any major change in policy or program; and shall perform City Clerk may declare the same adjourned to a stated day and hour. such other duties consistent with the office as may be prescribed by The City Clerk shall cause written notice of a meeting adjourned by this Charter or as may be imposed by the City Council.. The Mayor shall less than a quorum or by the City Clerk to be delivered personally serve in such capacity at the pleasure of the City Council. by mail to each Council. member at least twenty-four hours before _�te time to. which the meeting is adjourned, or such notice may be dis- Section 306. MAYOR PRO TEMPORE. The City Council shall also pensed with in the same manner as specified in this Charter for dispen- 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 Tem- sing with notice of special meetings of the City Council. pore shall perform the duties of the Mayor during the Mayor's absence (b) Proceedings. The City Council shall judge the qualification or disability or at the Mayor's request. of its members as set forth by the Charter. It shall judge all elec- Section 307. NON-INTERFERENCE WITH ADMINISTRATION. Except as tion returns. Each member of the City Council shall have the power to otherwise provided in this Charter, no member of the City Council shall administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power order, directly or indirectly, the appointment by the City Administrator, and authority to compel the attendance of witnesses, to examine them or by any of the department heads in administrative service of the City, under oath and to compel the production of evidence before it. Sub- of any person to any office or employment, or removal therefrom. Except poenas shall be issued in the name of the City and be attested by the for the purpose of investigation and inquiry, the members of'the City City Clerk. They shall be served and complied with in the same man- Council shall deal with the administrative service under the jurisdic- ner as subpoenas in civil actions. Disobedience of such subpoenas, tion of the City Administrator solely through the City Administrator, and no member of the City g an Council shall give orders to subordinate or the refusal to testify (upon other than constitutional grounds), y shall constitute a misdemeanor, and shall he punishable in the same c-7 120.:10 R. E:. V I S E D;: :. . r;,-... .• � ;' ... +.w o tin CITY OV HUNTINGTON BEACH :-CI'TY COUNCEL COMMUNICATION HMMOCTON!EACH To From �! HONORABLE MAYOR AND COUNCIL` PETER GREEN ' Y..; . MEMBERS Mayor Pro Tem. Subject Date S , INTRODUCTION OF AN ORDINANCE TO December 5 1989 ESTABLISH PROCEDURES FOR THE SELECTION PROCESS FOR MAYOR AND MAYOR PRO TEMPORE The teaching schedules at Golden West College are now being finalized for the Fall, 1990 semester. If there is a possibility that I shall be selected Mayor in November, 1990, I shall request a heavy teaching schedule during the Fall of 1990-and Spring-nf 1992. .This would result in a half-time teaching assignment during 1991 and, therefore,' provide more time . to accept the responsibilities and to adequately discharge the duties of the office :of Mayor. My colleagues at Golden West College have agreed to this schedule adjustment, however, I hesitate -to implement it unless the possibility has a fairly high level `'of probability. Therefore, I am introducing the attached ordinance. I appreciate your consideration. PG:bb - Attachment cc: Cgity Administrator ✓City Clerk Rich Barnard 3 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To PAT DAPKUS, MANAGEMENT AIDE From GAIL HUTTON CITY ATTORNEY Subject Date AGENDA ITEM H-3 January 19, 199.0 1-22-90 COUNCIL MEETING CHAPTER 2 . 06 OF THE H.B.M.C. Please include in the City Administrator' s packet for distribution to the City Council, the attached substituted Agenda Item H-3, Ordinance No. 3031, approved by Gail Hutton, City Attorney 1-8-90. GAIL HUTTON CITY ATTORNEY GH/ksa cc: Connie Brockway, City Clerk Attachment 20 R", J t J� 4 CITY:. OF; HUNTINGTOM � .�yi# y ;i CITY COUNCII;COMMUNICATION t � HUNTINGTON BEACH To From �! HONORABLE MAYOR AND COUNCIL PETER GREEN. •' '' MEMBERS Mayor Pro Tenn' ° Subject Date INTRODUCTION OF AN ORDINANCE TO December 5,`1989 ESTABLISH PROCEDURES FOR THE SELECTION PROCESS FOR MAYOR AND MAYOR PRO TEMPORE The teaching schedules at Golden West College are now being finalized for the Fall, 1990 semester. If there is a possibility that I shall be selected Mayor in.November, 1990, I shall request a heavy teaching schedule during the Fall of .1990-and Spring-of 1992.-::This .would :'> result in a half-time,teaching assignment during 1991 and, therefore. provide more time .- to accept the responsibilities and to adequately discharge the duties of the office:.of :. Mayor. My colleagues at Golden West College have agreedto this schedule adjustment, however, I hesitate-to implement it unless the possibility has'a 'fairly high_aevet"of probability. Therefore, I am introducing the attached ordinance. I appreciate your consideration.:. PG:bb Attachment cc: City Administrator ,,'City Clerk . Rich Barnard n CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To PAT DAPKUS, MANAGEMENT AIDE From GAIL HUTTON CITY ATTORNEY Subject Date AGENDA ITEM H-3 January 19, 1990 1-22-90 COUNCIL MEETING CHAPTER 2.06 OF THE H.B.M.C. Please include in the City Administrator' s packet for distribution to the City Council, the attached substituted Agenda Item H-3 , Ordinance No. 3031, approved by Gail Hutton, City Attorney 1-8-90. GAIL HUTTON CITY ATTORNEY GH/ksa cc: Connie Brockway, City Clerk Attachment O _ /,;Z a r� ' REQUEST FOR CITY COUNCIL. ACTION Date March 22, 1991 ! Submitted to: Honorable Mayor and City Council ^� APPROVED BY CITY C UNCI Submitted by: Michael T. Uberuaga, City Adm +.nistratori� Prepared by: William G. Reed, Public Information Office Subject: Policy for Use of Meeting Rooms in the Civic C I enteg CITY CLERK Consistent with Council Policy? [X] Yes [ ] New Policy or Exception 1 � Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE The city regulations concerning use of the council chambers have not been clear as to whether or not non-governmental groups can use the facility, and if there would be a cost . RECOMMENDATION Adopt Resolution 4244 which allows use of the council chambers for only government-sponsored meetings or events. ANALYSIS The council some years ago allowed use of meeting rooms in the civic center by non-profit groups at no charge and the council chambers by other gov- ernmental groups at a charge to be set by the council . The resolution is not clear as to the use by non-governmental groups. Since the chamber facilities now include sophisticated and expensive electronic equipment all the time, the recommendation is to exclude use of this room by all but government-sponsored organizations. In addition, the cost of maintaining the chamber is substantially higher than for other meeting rooms . Also, should there be damage to the facilities, it has been easier to collect from government sponsors than from private groups. FUNDING SOURCE N/A ALTERNATIVE ACTIONS Do not change the present resolution. Place a charge on non-governmental groups for using the Council Chambers . ATTACHMENTS: Resolution # 6 a G 4 No 5/85 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE ITY OF HUNTINGTON BEACH SETTING POLICY FO USE OF MEETING ROOMS IN THE CIVIC CEN R . N WHEREAS, a number of meeting rooms have-been designed and constructed in the lower level of the civF* c center; and At such time as these meeting rooms are not in use for official city purposes, it is the desire of the city to make these rooms available for nonprofi/groups, NOW, THEREFORE, BE IT RESOLVE by the City Council of the f� City of Huntington Beach as fovIlows : SECTION 1 . The facilitie shall be available without charge for city activities and for activities of any board, commission or committee /'ai/6ointed by the city. SECTION 2 . The f /ilities shall be available without charge for local civic and local nonprofit organizations on a first-come-first-serve basis subject to the conditions provided herein, except thapt the City Council Chambers shall not be available to any/non-governmental organization due to the high value, sophisticated equipment in the chambers and to the higher cost f'r maintenance in the chambers . SECTION .3 . The fees for use of the council chambers by other governmental agencies shall be set by resolution of the City Council . SECTION 4 . In all cases, an agreement shall be signed by 441 persons authorized to bind the organization which is to use the meeting room. Such agreement shall include an indemnification.-.provision by which such organization agrees to indemnify th`e City of Huntington Beach for damage or liability pursuant to Resolution #6023 as amended from time to time. In addition, groups using meeting room facilities shall be informed that any reservation of rooms is subject to cancellation should the room be needed for an official city meeting or activity. Groups using the facilities shall further agree 'to comply with all rules and regulations in effect at the time of such use. SECTION 5 . Facilities shall not be available to profit-making organizations . SECTION 6 . Resolu=tion #5167 and all resolutions inconsistent herewit-li are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1991 . Mayor ATTEST: APPROVED AS TO F M: AdV City Clerk 4,✓ City Attorney INITIATED AND APPROVED: City Administrator - 2 - RESOLUTION N0: 6266 (Revised) SECTION 2. The facilities shall be available without charge for local civic and local nonprofit organizations on a first-come-first-serve basis subject to the conditions provided herein, except that the City Council Chambers shall not be available to any non-governmental organization, except by appeal to the City Council, due to the high value, sophisticated equipment in the chambers and the `higher cost for maintenance in the chambers . RESOLUTION NO. 6266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING POLICY FOR USE OF MEETING ROOMS IN THE CIVIC CENTER WHEREAS, a number of meeting rooms have been designed and constructed in the lower level of the civic center; and At such time as these meeting rooms are not in use for official city purposes, it is the desire of the city to make these rooms available for nonprofit groups , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : SECTION 1. The facilities shall be available without charge for city activities, and for activities of any board, commission or committee appointed by the city. SECTION 2 . The facilities shall be available without charge for local civic and local nonprofit organizations on a first-come-first-serve basis subject to the conditions provided herein, except that the City Council Chambers shall not be available to any non-g.overnmental organization, except by appeal to the City Council, due to the high-value, sophisticated equipment in the chambers and the higher cost for maintenance in the chambers . SECTION 3 . The fees for use of the council chambers by other governmental agencies shall be set by resolution of the City Council . - 1 - SECTION 4 . In all cases, an agreement shall be signed by persons authorized to bind the organization which is to use the meeting room. Such agreement shall include an indemnification provision by which such organization agrees to indemnify the City of Huntington Beach for damage or liability pursuant to Resolution #6023 as amended from time to time. In addition, groups using meeting room facilities shall be informed that any reservation of rooms is subject to cancellation should the room be needed for an official city meeting or activity. Groups using the facilities shall further agree to comply with all rules and regulations in effect at the time of such use. SECTION 5 . Facilities shall not be available to profit-making organizations . SECTION 6 . Resolution #5167 and all resolutions inconsistent herewith are 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 Argil 1 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney INITIATED AND APPROVED: City Administrator 2 - Res. No. 6266 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 meeting thereof held on the 15th day Of April 1991 by the following vote: AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, M ulton—Patten NOES: Councilmembers: None ABSENT: Councilmembers: None i y Cler no ex-officVrUlerk of the City Council of the City of Huntington Beach, California Chapter 1 .02 E)(WPT FRom emr - C QuNCIL M ANvAL CODE OF ETHICS �► �G/2�eENT /��`SOL�/T/ON 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. 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. I CITY COUNCIL MANUAL Revised 1991 City of Huntington Beach County of Orange State of California Resolution No. 6320 Adopted September 3, 1991 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 - 1 .03.04 Posting agendas 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 Procedure for Selection of the Mayor and Mayor Pro Tempore 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 ii Chapter 1 .01 CITY COUNCIL 1 .01 .01 Rules of Office of Council erp sons. The Huntington Beach City Council is comprised of seven (7) members elected from the city at large for terms of four (4) years. Election of City Councilmembers is staggered into two (2) cycles. Four (4) Councilmembers 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 are held on the first Tuesday in November. The term of a City Councilmember 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 Councilmember 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 § 304) (d) Adopting ordinances and resolutions. (Charter § 500) (e) Approving city contracts or authorizing the City Administrator so to bind the city. (Charter § 613) M 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 ) W 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) (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 . 1 .05 Duties of the Mayor. At the first meeting after any municipal election where a Councilmember 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 . 1 .07 Compensation of Councilpersons. For their service to the city, Councilpersons shall receive a salary of $175 per month, and in addition shall 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 § 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) 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 Councilmember. 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. • v 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) 1 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 § 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. 1 .03.04 Posting Agendas. (a) At least 72 hours before a regular meeting, the City Council , or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda. (b) Notwithstanding subdivision (a) , the City Council may take action on items of business not appearing on the posted agenda under any of the following conditions: 1 . Upon a determination by a majority vote of the City Council that an emergency situation exists, as defined in Government Code § 54956.5. 2. Upon a determination by a two-thirds vote of the City Council , 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) . 3. The item was posted pursuant to subdivision (a) for a prior meeting of the City Council 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. 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 § 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 ) 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 § 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 Procedure for Selection of the Mayor and Mayor Pro Tempore. The procedure for selection of the Mayor and Mayor Pro Tempore, pursuant to Charter Sections 305 and 306, shall be as follows: (a) 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 City Council shall elect a Mayor and a Mayor Pro Tempore. In non—election years, the selection of Mayor and Mayor Pro Tempore shall be made at the City Council meeting date closest to the anniversary date of the selections in the elections years. (b) The Mayor and Mayor Pro Tempore shall serve terms of one year. (c) The member of the City Council serving as Mayor Pro Tempore shall become the Mayor on the expiration of the Mayor' s term. (d) The member of the City Council having the longest consecutive City Council service shall become the Mayor Pro Tempore. (1 ) In the event that two City 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 Tempore. (2) 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. (3) Any City Councilmember who has served as Mayor within the last four years will not be eligible for election as Mayor Pro Tempore. 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 . 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 § 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 § 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 § 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 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 Zoning Administrator 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) affi-rmative 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: (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 § 400) 1 .05.02 Compensation The City Council shall set the salary of the City Administrator by ordinance or resolution. (Charter § 403) 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) 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 ) 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) CERTIFICATION I, City Clerk of the City of Huntington Beach, certify that the foregoing City Council Manual , revised 1991 , was duly adopted by the City Council on the 3 day of September , 1991 . City Clerk APPROVED AS TO FORM: Gail Hutton, City Attorney oaflicl CITY COUNCIL MANUAL City of Huntington Beach County of Orange State of California i Prepared by: Don P. Bonfa City Attorney \ i 1 s � . i RESOLUTION NO. 43 ).5 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. , qiO f ✓ 46, Resolutions No. 1463, 2539, 3164, 3664 and 4227 l_ . 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: APPROVED AS TO FORM: City. Clerk City 71tro e 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. 61.03 Attendance 1.01. 04 Duties of the City Council 1. 01.05 Duties of the.Ma.yor 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 and place of council meeting Chapter 1. 04, PARLIAMENTARY 'PROCEDURE Sections : 1 .04.01 Roberts Rules of Order 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 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: r 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 Chapter 1.08, ROLE OF THE CITY CLERK Sections: 1.08.01 Term 1.08..02 Powers and duties iii awl TABLE OR CONTENTS TO APPENDIX TO COUNCIL MANUAL TITLE PAGE NO. Resolution No. 4311, Budget Control l' 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 Proce.dure--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 Chapter 1.01 CITY COUNCIL 1. 01. 01 Rules of Office of Council persons . 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. b allot, the position will be filled for the unexpired term, if any. (Charter §503) 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 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. 01.04 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. (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) A?opt ordinances and resolutions. (Charter §511) (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) (R) 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) Providing by ordinance or resolution for the organi- 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) (1) 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. (r) Establishing by ordinance a comprehensive personnel system. (Charter §1000) (s) After public hearings, 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 and 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. 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 serv- 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 month 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 . . 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 record by 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. o6 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. � � r city shall attempt to speak to the issue and avoid making com- ments for the benefit of the audience or the press . Chapter 1. 03 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. 1. 03. 02 Time and place of council meeting. Regular council meetings shall be held in the City Council Chambers J 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, 6 May 74) 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. 1. 04 .02 Parliamentarian. The City Attorney is parlia- mentarian 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 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. 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 §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. ,y , affirmative votes . An ordinance may be repealed only by another ordinance . L.. 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 . Don • P. Bonfa -2- July 9, 1976; ` (Cal. Ct. Npp, 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 public purpose is ne- cessary to justify expenditure of public .funds , . it is our conclu- Sion that the expenses of the spouses_ of city officials cannot le- gally be paid by the City. If we can be. of any further assistance,* please do not hesitate to call upon us. Sincerely, . Charles S. Rhyne General Counsel CSR:PA:jj i i 41. I Ad OFFICE OF THE CITY ATTORNEY. OPINIOIJ NO. 76-40 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/Depart,-ient 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 . Ilead 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. 1J� n.c;;.ume the retreat; has a "municipal pu.rposo The city Charter reco-nines only fornal meetings, i.e. reF;ular� meetings, including adjourned 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 hell 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. OFFICE OF TIIL CITY ATTORMEY Jttly 29, 1976 Opinion No. 76-40 . Page 2 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 .5�08. refers only to the kinds. of meetings specifically 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, and all informal meetings such as study sessions, conferences, retreats, etc . may be held at any place either within or outside the Cityy a% pray be desi nated 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- sions 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-3"oes not apply to informal meetings . Although the Ralph 11. Frown Act, Section 54950 et sect. 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 o -� 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 ?'Leeting? "The question of what constitutes ' a meeting within the Act sometimes may present a difficult question. Of course, no problem exists as to regularly scheduled and duly noticed .regular and special meetings of a le;islative body. The. prob- 1em arises as to informal meetings of a majority. of the members of. aboard. 'Ouch a meeting may have varying purposes 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 majority of the members of a board probably fell within the scope, of the Act as 'meetings.1 whether or not the individual members intended to or even took any action at such a gathering•. 42 Ops . Cal.-Atty. Gen. 61 (1963) . 43 . 1 -J . OFI{'ICE OF THE CITg ATTORNEY Jule 29, 1976 Opinion U0. 76-40 Page 3 fill "In 1964 we held that re-ularl,y 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, Iio:4ever, that our opinion was not to be con- strued to prohibit legi31ative bodies from mere social attendance at luncheons and .dinners such as are omen given by fraternal `soups such as the Rotary Club or Riwanis . 43 Ops . Cal. Atty. (;en. 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 Suers . , 2 3 Cal.. App . 2d 1 19 , 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 excluded. The court 's. lanrtuage at pages 50-51 of the decision is an excellent sumnary of the reasoning behind its decision. The court stated : ' In this area of regulation, as well as others, a statute may rush beyond debatable limits in order to block evasive techniques . An informal conference or caucus pernits 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 stages, 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 Ellcs Club luncheon, attended by the Sacramento County Board of Supervisors, was such a meeting. ' 44 . OFFICE OF THE CITY ATTORNEY Julir 29, 1076 Opinion No. 76-40. Page 4 . ?'Thus meetin s include informal -t g a g therings where the public 's business is discussed as well as formal meetings . ". . It appears that,, and., in the opinion of the Cite_ Attorney ., a City Council/Department Head Retreat falls within the broad purview of the. term "meeting", as used- in the. Brown Act, but does not constitute a meeting under the City Charter. Thus, infornal, as distinguished from formal meetings, are subject to the Act but not to the City Charter. Under the Brown Act, all meetings of the le,c;islative 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 sloes 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 549540 California Government Code) . The Brown Act further provides that 'the legislative body of a 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 ad,journed., each ad,journed. neeting shall be a regular meeting for all purposes. . . . " The time and nlace of regular council meetings is fixed by Resolution No. 4161 (November 17, 1975) which provides that reoulir 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. " 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 1•1. Brown Act and therefore, must be open to the public . '. The tines , dates and place of the City Council/Department Head Retreat must be 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 reaulsr or adjourned regular meeting or a special meeting of the City Council. It �. must not be a formal meeting. 2. There shall be no "action taken"- as defined in Government 45. • OFFICE OV THE CITY ATTORNEY July 29, 1976 Opinion do; 76-40 Page 5 Code Section 54952.6, which reads: " . . .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 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 "formal" and' sub,ject 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 Brown Act need not be held within the City of Iiuntin-ton Beach. Study .or deliberation without action would not appear to violate the City Charter if no. re ular, adjourned or special meeting, 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 an,- time "other than at a regular or adjourned regular meetinT;" nor shall any "order for the payment. of money .b.e adopted or .made in any• other. than A regular or adjourned regular meetin . " Although not expressly. stated in the Charter, it. is. the opinion of the City Attorney that no resolution of the City Council May be introduced or adopted J 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. COUCLUSION 1. A City Council/Department Head Retreat at which no "action" is taken,' held outside the City is not a violation of the City Charter because it is neither a regular or ad,iour. ned, 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 snecial Meetings of the City Council. " 3. The Ralph ICI. Brown Act• does apply to such retreat by reason of the broad scope definition of "meeting" which has been grafted upon the Brown Act by court decisions and Attorney. t'Teneral' s opinions . The Brown Act itself contains 'no definition of the term "neeting. " V • 46 , •� ' L• 4 OFFICROF THE CITY ATiOMPEY J July �, �, 29, 1976 Opinion 1,10. 76-40 Page 6 4 . The Drown Act does . not Prohibit the City from holding ,meetings outside the City. The City Charter does not require informal meetings to be held within the .Cit-,y. ':^he renuirement 5f Eh a ity Charter is that formal meetings must be held_ within. the City limits. 5. Inasmuch as the out-of-town "retreat" is subject .to the Brown Act, its times, dates and place :gust be announced_-at a rev ular meeting of the City Council. and it must be. 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 )drown 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 reduirehent that such formal meetings be held within the City linits. would apply. r. lie 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, 19:73- is superseded by this opinion. Respectfully submitted, ::)O1J P. 13014FA City Attorney k- DPB:er 47. May 29, 1973 . r!.r. John 1. powers City Attorney City of VAllejo City HR11, Vallejo, California 94. 90 Re: Your letter of May 23, 1973. -- Procedure for ifandlinr. Executive Sennions of City Council Dear Mr. Powers : The policy described in your letter has never been formalized nor has it been nut in writinp.*' Z had stargAnted to 'the then Mayor Find the City Admisilatrator that a policy be developed for the conduct of executive sensions . Nothing further was done except that the City Administrator qnd 1 discussed the nutter and it was informally agreed that he would sub,-it to .me for prior approval all tonics to be covered in council executive nesaiona . This , t think, !e n large step in the right direction. My idea of what .the policy should be in this regard Is very simple and I will outline it as follows: 1. The City, Adninistrator should submit to the v\ n City Attorney a writ.ten a-genda for each council executive session for prior approval by the City Attorney in . terrnn of the Ralph M. Brown Act , court decisions Rnd othor legal sources (P.Q. the Attorney sleneral 'a Pnr•.phleta , City Attorney nriniones , City Attorney Department Conference. narern , etc. ) 2. ilse City Attorney should be rresertt in the neeting room durinl: all council exeetttive sennions . . This will rive the ► A.vor.. who Is preaidinr ns chnirr.nn or the neetlnrr, legal counsel on whether or not the council In toeing the mark with reference to the Brown Act. 3. Written minutes should be kept of all matters dis- cussed in the executive nessiona . Such minutes should be Icept by t1io. City Clerk and retained in an executive folder in the City Clerk 's vault . The purpose of the minutes , of course, la to make certain that matters discunsed and deci-- � aions reachad In executive session are reported necurately . The hu:aan mteriory is a frail instrument 48 . John '+.. .j 2o , 1973 !'our lei ro oC !.Ay 23, 1973 - rape 2 - Yzioaedure± for Hnndl:l n►• ;:xecuti.ve flossiones of City Council 4 . When tho City Attorney advises• the• Mnyor .that the Council is discussing h nntter which should not be discussed in exeoutive seetseiofi pursuant to the 13trown Act , the e4nyor ghoiild ordor the Council to di:ocontinue such _ e.15- cussion and to return -to legally . permitted toricn . fi , All persons present at the exAcuti ve nension, including the members of Council, City Administrator, City Attbrney, City Clerk, and other staff.members , should ees- peet the exeoutive nsiture or the r-r•eting and all mutters dieoussed therein and should not reveal stny executive natters to the press or anyone else without first obtaining prior ,n permission of the City Council. The number or executives oensiona should 1)e kept to a fii ni1hum. 7. 'The Council should Fo into executive session only from and during a council meeting. • (It is my position that any counaii. meeting is muffidient for thih' rurpos.e whether regular; adjournp..d or sppaial) . 8. In announcing that the Council will recess to exe- cutive sesslon, the Mayor should indicate what the executive l J s6ssi6n in bi!inr called for. This ni by be done .4n pe+nernl terms, such As: "to discuss litig tion" or "to discuss peroonne►l matters" . In my opinion, it its not necessary for the Mayor to announce publicly the exact topic by title , thun, . it is not neeessery. for the !Mayor to say: "to dificuns 11.tirAtion involving the Doe v. City cane" or "to discuse. .rernonnel matter involvtng .TineSmith" . 11'o be that hpecific, . it teens to me,' nay reveal too much information which the law does not require and may give . the press leads to f6ll6W. up in ordir to. break the curtain of secrecy which in proper matters is permitted by the Brown Act . T trust the Pbove -tnformation will be or help to you And ir 'your city develorn a policy on the suh,ject of executive sessions, please send a copy to the undersigned. Very truly yours , DON P. BONFA City Attorney nPfl:or c.c. P'ti,yor .Terry A. ►!atnery Dnv1d D. nowlando , City Administrator 49, RESOLUTION NO.. 4283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF . INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF. 1974" 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 . the City Council are required, .pursuarit to Government Code §87200, to .disclose invest- ments ,interests in real. property and income. No other or no additional disclosure ' 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 foreseeably have a material financial effect , distinguishable from its effect 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. Law o ' SECTION 5. The City Clerk is directed to forward a cer- tified 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 • - o f August , 19760 ATTEST: �2/4 • ��/� s� City Clerk APPROVED AS TO CONTENT:. APPROVED AS TO FORM: i i Administrator.. City Attorney j APPROVED, INITIATING DEPARTMENT: j NO FISCAL IMPACT FISCAL IMPACT -- BUDGETEr FISCAL IMPACT -• NOT.SUDGETED� REQUIRES FINANCIAL IMPACT REPORT i DPB:bt. No. 4283 Sum OF CALiFOilNIA ) �.:✓> COUNTY OF OW019 : ^ CITY OF HIIlII'tNOTON BBAqI ) 1, ALICIA M. N61f11OMP 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 timber of members of theCity Council of the City of Huntington Beach is seven; that. the foregoing resolution vas passed and adopted by the affirmative vote of moie than a majority of all the osbere of said City Council. at a regular mating thereof held on the tt..h ., day of At39Uat , 19 7,_ ,o by the following vote: AYES: Counc i lown: Dartlett, Patti.nson, glabert. _fin. Nieeder WOES: Counciluen: None ASSENT i Cck=ilten: r/ Cosh, Gibbs City Clerk and ex-officio Clark Of the City Council, of the City of Hmtitingtoa Beach, California