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File #: 22-726 MEETING DATE: 9/6/2022
Submitted by Councilmember Moser - Establishing Rules of Order and Procedure for City
Council Business
City Council to provide input on the topics that are important for inclusion in the Rules of Order and
Procedure and to request that the City Manager prepare a draft set of Rules of Order and Procedure
for City Council's consideration on or before the first meeting in November 2022.
City of Huntington Beach Page 1 of 1 Printed on 8/31/2022
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEM REPORT
TO: The Honorable Mayor and City Council
FROM: Natalie Moser, City Council Member
DATE: September 6, 2022
SUBJECT: Establishing Rules of Order and Procedure for City Council Business
Charter Section 304(c) authorizes the City Council to "establish rules for the conduct of its
proceedings..." These rules, which are often referred to as Rules of Order and Procedure, would
govern City Council business and provide a guide that Council Members, staff, and members of
the public could easily access and follow. Establishing such rules not only promotes consistency,
but also transparency between the City and the community.
In 1961,the City Council adopted its first set of Rules,which were centered on voting procedures
for the City Council. Over the following 15 years,the City Council amended the Rules as needed,
adding other provisions to help conduct its business consistently and to provide a roadmap for
future City Councils to build upon. Amendments to the Rules included provisions such as the
procedure to make motions or nominate officers (see Attachment 1). In September 1976,
however, the Council repealed the Rules and incorporated them into a Council Manual
(Attachment 2).
Since then, the Council Manual has evolved into a compilation of reference documents, and the
Rules themselves are spread out across 8 out of 13 sections in the Manual (Attachment 3). While
the Manual is helpful, there are gaps in its contents. For ease of use and clarity, the sections on
Rules could be a focus of revision and reconsideration as a standalone "Rules of Order and
Procedure for City Council Business" by the City Council. Once adopted by resolution, it can be
included in an updated City Council Manual along with other important reference materials to
benefit the City Council in conducting its business.
The Rules, like all guiding principles, require a comprehensive review and update, as needed, to
ensure: 1) they reflect best practices and 2) include any new or amended provisions that would
promote consistency and transparency in City Council business. The "Rules of Order and
Procedure for City Council Business" would be a comprehensive guide, helpful to both existing
and newly elected City Councilmembers.
This proposed process could include a review of the City Charter, Municipal Code, and
Resolutions of the City of Huntington Beach, as well as other laws (i.e. Brown Act) and current
practices of the Huntington Beach City Council. Rules of Order and Procedures in comparable
charter cities may also be reviewed. Based on a brief survey of other cities' Rules, I've identified
potentially topics that could make the Rules more robust:
497
Rules of Order and Procedure
September 6, 2022
Page 2 of 3
• Roles and duties: Mayor, Mayor Pro Tem, Council Members, appointed officers, staff
• Rules of decorum and conduct for and between: elected officials, appointed officials,
staff, and the public
• Facilitating public comments: purpose, sign up and queueing process, time limits,
circumstances that allow for limited dialogue between the City Council and public
commenters, topics that can be addressed, use of signs and other props, distribution of
multimedia materials to staff and Council, and procedures to manage disorderly behavior
• Meeting types, schedules, and procedures: regular meetings, special meetings,
emergency meetings, study session, closed session, public hearings, and strategic
planning workshop; cancelations, quorums, adjournments, recesses, etc.
• Meeting agendas and procedures: types of agenda items, requirements for their
submittal, supplemental communications from the City and the public, preparation and
distribution of the agenda packet,deadlines to post and distribute the agenda,exceptions
• Order of business: roll call, pledge of allegiance, invocation, presentations and awards,
attendance, order of discussion, public comments, consent calendar, administrative
items, H-items, Council comments, etc.
• Accessibility of Council Meetings: in-person, online, telephone, HBTV, recordings, etc.
• Rules of debate and deliberations
• Council Committees and ad hoc subcommittees: responsibilities, expectations, reporting,
formation and dissolution
• Board, Committee, and Commissions: responsibilities, expectations, meeting
management, appointments, reappointments, removals, vacancies, and dissolution
• Procedures for making City Council requests for staff support
• Election activities guide
• Administrative matters: attendance, correspondence, participation in outside boards,
communicating with the public, issuing proclamations, participation in events and
conferences, required trainings, etc.
• Rules of interaction and involvement with outside agencies and the media
• Understanding and addressing conflicts of interest
• Rosenberg's or Robert's Rules of Order
• Enforcement and/or suspension of the Rules of Order and Procedure
All provisions in the Rules would need to be in conformance with existing regulations, including
but not limited to the City Charter, Municipal Code, and Administrative Regulations. The Rules
should also be updated by Resolution on a scheduled basis or as needed. This will help ensure
that they continue to meet the evolving needs of the Huntington Beach City Council and
community.
498
Rules of Order and Procedure
September 6, 2022
Page 3 of 3
RECOMMENDED ACTION
I would like to request that City Council provide input on the topics that are important for
inclusion in the Rules of Order and Procedure and to request that the City Manager prepare a
draft set of Rules of Order and Procedure for City Council's consideration on or before the first
meeting in November 2022. The intent would be to provide feedback on the draft in the first
meeting in November 2022 and request the City Manager to work with the City Attorney to
prepare a Resolution for adopting the Rules of Order and Procedure by the second meeting in
November 2022.
Attachments:
1. 1961-1976 Council Rules and Procedures
2. 1976 City Council Manual
3. 2022 City Council Manual
1B
499
ATTACHMENT # 1
RESOLUTION No. 146'
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTCN BEACH ESTABLISHING
RULES FOR THE CONDUCT OF VOTING AT CITY
COUNCIL Iv EET INGS
WHEREAS, it is appropriate and convenient to set out,
in resolution form, procedural rules for the City Council
of the City of Huntington Beach, relating to voting on mo-
tions, resolutions and ordinances.
NOW THEREFORE BE IT RESOLVED by the City Council of
the City of Huntington Beach:
Section 1. Any vote of a member of the City Council,
including a roll call vote , may be registered by a member
of the City Council by answering "Yes" for an affirmative
vote or "No" for a negative vote upon his name being called
by the City Clerk, or any Councilman may vote upon any mo-
tion, resolution or ordinance, including a roll call vote ,
by pressing a switch to cause a green light to show for an
affirmative vote or a red light to show for a negative vote ,
upon the vote being called for by the Mayor. The result of
any vote registered by means of a lighting system shall be
audibly announced by the City Clerk and recorded in the min-
utes as the vote of the City Council.
Section 2. The vote of each member of the City Council
500
1.
Res. No. 140
voting, shall be recorded for each resolution and ordinance
but the vote of the individual members on motions, shall not
be recorded by the Clerk unless a roll call vote is requested
by any member of the City Council or any member of the City
Council requests that the vote of each councilman be recorded.
PASSED .AND ADOPTED by the City Council of the City
of Huntington Beach, California, this 20th day of February,
1961.
v '
Mayor
ATTEST:
City rk
501
2.
Res. No. 1463
STATE OF CALIFORNIA
County of Orange ) ss
CITY OF HDNT INGT ON BEACH )
I, PAUL C. JONES, the duly elected, qualified and act-
ing City Clerk of the City of Huntington Beach and ex-officio
Clerk of the City Council of said City, do hereby certify
theat the whole number of members of the City Council of the
City of Huntington Beach is five ; that the foregoing resolu-
tion 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 loth day of February,
1961, by the following roll call vote :
AYES: Councilmen:
"Jells, Lambert, Stewart, Gisler
NOES: Councilmen:
None
ABSENT : Councilmen:
Waite
City Clerk a ex-officio Clerk of the
City Counci of the City of Huntington
Beach, California
502
3.
RESOLUTION No• 2539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ESTABLISHING RULES OF
ORDER A11M PROCEDURE IN THE CO .�UCT OF COUNCIL
MEETINGS AND REPEALING RESOLUTION No. 2410.
WHEREAS, it has been determined by the Council that
definite rules of order to conduct meetings should be passed;
and
WHEREAS, it has been determined by the Council that
definite rules of order should be defined to conduct the
nomination and election of officers of this body; and
WHEREAS, it has been determined by the Council that
definite procedures should be established to select members
to any boards or agencies to which this Council has the power
to appoint,
WHEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY RESOLVE:
Subject to any provisions in the City Charter to the
contrary, the following Rules of procedure are adopted;
1. When a motion is made it shall be stated by the
Mayor before debate. A motion may td withdrawn by the mover
thereof with the approval of the Council.
(a) Motions out of Order. The Mayor may at any
time by majority consent of the members, permit a member to
introduce an ordinance, resolution, or notion out of the
regular agenda order.
503
1 _
Res No.25-39
(b) Division of Question. If the question contains
two or more divisionable propositions, the Mayor. may` and upon
request of a member, shall, (unless appealed) divide the
same.
(c) Second. No motion made shall require a second.
2. Precedence of Motions. When a a motion is before
the council, no motion shall be entertained except (a) to
adjourn, (b) to fix hour of adjournment, (c) to lay on the
table, (d) for the previous question, (e) to postpone to a
certain day, (f) to refer, (g) to amend, and (h) to postpone
Indefinitely. These motions shall have precedence in the
order indicated.
(a) Motion to Adjourn. (not debatable) A motion to
adjourn shall be in order at any time, except as follows:.
(a) When repeated without intervening business or discuss-
ion; (b) when made as an interruption of a member while
speaking; (c) when the previous question has been ordered;
and (d) while a vote is being taken. A motion to adjourn
"to another time" is debatable only as to the time to which
the meeting is adjourned.
(b) Motion to fix hour of Adjournment. Purpose is
to set a definite time at which to adjourn. Undebatable and
unamendable except as to time set.
(c) Lotion to Table. Purpose is to temporarily by-
pass the subject. A motion to lay on the table is undebata-
ble and shall preclude all amendments or debate of the
2.
504
Res. No. 2539
subject under consideration. If the motion shall prevail,the
matter may be "taken from the table" at any time prior to the
end of the next regular meeting.
(d) Motion for Previous Question. Purpose is to
close debate on main motion. Undebatable. Just shouting
"Question" does not accomplish the same thing. If motion
fails, debate is reopened; if motion passes, then vote on
the main motion.
(e) Motion to Amend. (debatable only as to amendment)
A motion to amend an amendment is in order, but one to amend
an amendment to an amendment is not, An amendment modifying
the intention of a motion is in order, but an amendment re-
lating to a different matter shall not be in order. A substi-
tute motion on the same subject is acceptable. Amendments
are voted first, then the -lain motion as amended.
(f) Motion to postpone. A motion to postpone in-
definitely is fully debatable and if the same is adopted,
the principal question shall be declared lost. Motions to
postpone to a definite time are amendable and debatable as
to propriety of postponment and time set. Motions to "Refer"
are similarly not debatable for the propriety of referring.
3. Voting. On the passage of every motion, the
vote shall be taken by voice or roll call, or in accordance
with Resolution No. 14639 and entered in the record.
(a) Roll Call. Upon demand of any member, made
before the negative has been put, the roll call shall be
called for yeas and nays upon any question before the council,
505
11�►7• 1Vv• �.?J/
It shall not be in order for members to explain their vote
during the roll call. Any member may change his vote before t
the next order of business.
(b) Failure to Vote. Every member should vote un-
less disqualified for cause a;�cepted by vote of the council
or by opinion of the City Attorney. Self-disqualification
without approval, which results in a tie vote should be avoid-
ed as thwarting council action, but no councilmen can be forc-
ed to vote.
(1) The abstainer, in effect, 'Consents, that a
majority of the quorum may act for him.
(2) Tie votes are 'lost' motions, and may be
reconsidered later.
4. Reconsideration. Any member who voted with the
majority may move a reconsideration of any action at the same,
(or "having entered on the minutes" for vote at the next suc-
ceeding) meeting, providing no legal rights have intervened to
create an estoppel. After a motion for reconsideration has
once been acted on, no other motion for a reconsideration
thereof shall be made without unanimous consent.
5. personal privilege. The right of a member to ad-
dress the council on a question of personal privilege shall
be limited to eases in which his integrity, character or mo-
tives are questioned, or to where the welfare of the council
is concerned; may interrupt another speaker if the chairman
recognizes the "privilege" .
506
4-.
Res. No. 2539
6. Appeal. Any decision or ruling of the Mayor
may be appealed by request of any member. The Mayor shall
call for roll call to see if the Chair shall be upheld. If
the roll call loses, the Mayor is reversed.
5 507
Res. No. 2�j9
7. The following chart will show this type of action which
may be taken on the specific motions therein mentioned.
CHART OF PROCEDURE
(selected motions only)
priority Over Reconsid-Interrupt
Type of Motion Debatable Amendable pending Motion ered Speaker
journ osine dies ; y
Amend or Substitute : y y y y :
Appeal •
Limit Debate y y
:except "table" : :
Main Motion z Y -- s Y Y
Nom na ions y
Personal Pr v ege
or Point of Order : y : Y ; Y
Postpone to
Time Certain ; y Y y y :
Previous Question y y ;
Recess or Adjourn : •
to Time Certain y y :
econs er y* *
Table or Take from
Table
Tale Up out o
Order ;
Withdraw a Motion :
*5 Y Y Y
Y - Indicates that this action can be taken, is necessary, is required
or is applicable.
No Mark - Indicates that this action cannot be taken, is unnecessary
or is Inapplicable.
*1 - This motion may only be made by a person who voted on the prevail-
ing side and is not applicable to stable' motions.
*2 - if prior motion was.
*4 - except for request for later action.
* - highest subsidiary motion - takes precedence over all actions
except adjourn and privilege.
*5 - must be voted unless no objection.
7s. In all matters of procedure which are not covered and
provided for in any resolution or ordinance of the City, the procedure
as contained in•Roberts Rules of Orders , as Revised, shall control.
6.
508
Res. No. 2539
8. NOMINATION AND ELECTION. Nomination and election
for the offices of Mayor and Vice-Mayor to serve the City for
any ensuing year shall be held during the second regular meet-
ing of the City Council of Huntington Beach, in the month of
April, each year.
(a) At the time set for nomination and election,
the Mayor and Vice-Mayor 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 nominations
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 passed and adopted.
(c) The vote shall then be conducted on the nomi-
nees 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. If this second alternative
is in effect, no "write in" vote may be cast, and the nominee
securing the highest number of votes shall be declared the
Mayor and shall then preside over the session.
(d) A Vice-Mayor shall then be selected by the
same process as set forth in sub-section (c) of this section.
(e) The Mayor and Vice-Mayor, following such prop-
er election, shall serve for terms of one year and until such
time as their successors have been elected and qualified and
installed.
9• Appointments. When a vacancy occurs for any
reason on any board or agency over which the Council has the
power to fill by appointment, the following procedures shall
be followed to fill said vacancy.
(a) At the first council meeting following notifi-
cation to the Council of such vacancy, a public announcement
shall be made of said vacancy and a request made for any
Interested persons to submit a resume of their qualifications
to the council prior to the next regular meeting of the council.
(b) The Council shall as soon as is reasonably
7• 509
Res. tvo. z5}y
possible, fill any such vacancies but nothing herein shall be
construed to limit their choice to a person who has submitted
an application as outlined above.
10. That Resolution 2410 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, this 20th day of March ,
1967.
Z�a-4#.
t, Mor
ATTEST:
C y
APPROVED AS TO FO :
AaLa I
DAL
City Attorney
$ 510
Res. No.253
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
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 20th
day of March , 19 67 , by the following vote:
AYES: Councilmen:
Coen, Bartlett, Gisler, Kaufman, Shipley. Green Stewart
NOES: Councilmen:
None
ABSENT: Councilmen:
None
1'
City Clerk a ex-o ficio Clerk
of the City Council of the City
of Huntington Beach, California
511
RESOLUTION NO. 3164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING SECTION 8 OF
RESOLUTION NO. 2539 ENTITLED, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING RULES OF ORDER AND PROCE-
DURE IN THE CONDUCT OF COUNCIL MEETINGS AND
REPEALING RESOLUTION NO. 2410"
The City Council of the City of Huntington Beach does hereby
amend Section 8 of Resolution No. 2539 to read as follows :
8. NOMINATION AND ELECTION. Nomination and election for
the offices of mayor and mayor pro temp-ore, 'pursuin-t to: See'tioft 504 of
the Charter, shall follow the following procedure:
(a) At the time set for nomination and election, the
mayor and vice mayor 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 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 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 .
1.
512
(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-te�n�-shall there be seier_ted by= the same
process as set forth in this section for the office of mayor.
(m) The mayor and maybr pra tem- - following such proper
election, shall serve for terms of one year and until such time
as their successors have been elected and qualified and installed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting held on the 21st
day of April, 1970 .
Mayor
ATTEST:
City erk
APPROVED AS TO FORM:
City Attorney
2 .
513
Res. No.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected , qualified and
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 adjourned meeting thereof held on the 21st
day of April , 19 70 , by the following vote :
AYES: Councilmen:
Shipley, Bartlett, McCracken, Matney, Coen, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Kaufman
City Cler and a offici.o Clerk
of the City Council of the City
of Huntington Beach, California
514
RESOLUTION NO. 3306
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 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 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 case of a tie for the second highest vote, run-off
ballots on such tie nominees shall be cast to break the tie . The
tie is broken when one tie nominee receives the highest number of
votes cast on such ballot . When such tie is broken, a vote shall
be taken on the nominee who has the highest vote and the tie-
breaking nominee .
(g) In case of a tie of more than two (2) nominees for
the highest vote, a vote shall be taken on such tie nominees,
eliminating all others .
(h) All run-off or tie-breaking ballots are subject to
the same elimination rules as apply to the first ballot .
1 .
515
(i ) Successive ballots shall be cast until a nominee
is elected.
(j ) A nominee shall be elected at any time such nominee
has a majority of votes cast on any ballot in which all nominees
eligible for a final ballot are in competition.
(k) Each member shall be .entitled to nominate one
nominee for each office. No member shall nominate himself.
(1) A mayor pro tempore shall then be selected by the
same process as set forth in this section for the office of mayor.
(m) The mayor and mayor pro tempore following such
proper election, shall serve for terms of one year and until such
time as their successors have been elected and qualified and
installed. The annual election of 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 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of April , 1971 .
ayor Pro Tempore
ATTEST:
City erk
APPROVED AS TO FORM:
---City
me
2 .
516
Res. No. 3306
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
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 5th
day of April , 19 71 , by the following vote:
AYES: Councilmen:
McCracken, Bartlett, Gibbs, Green, Coen, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley_
a.�we
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California
517
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
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 .
1.
lm 518
(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 next
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 •
__a�L I �/' &� -
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
2 , 519
Res. No. 3664
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, BRNESTINA 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
icing City Clerk in doex-offS.cio,
Clerk of tae City Council of the
City of Huntington Beach, Calif-
ornia
520
RESOLUTION NO. 4227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING RESOLUTION NO. 2539
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH ESTABLISHING RULES
OF ORDER AND PROCEDURE IN THE CONDUCT OF COUNCIL
MEETINGS AND REPEALING RESOLUTION NO. 24103 "
BY REPEALING SUBSECTION (c) OF SECTION 1
The City Council of the City of Huntington Beach does
hereby resolve as follows :
That Resolution No . 2539, entitled, "A Resolution of
the City Council of the City of Huntington Beach Establishing
Rules of Order and Procedure in the Conduct of Council Meetings
and Repealing Resolution No . 2410 ," is hereby amended by re-
pealing subsection (c) of Section 1.
All other parts of said Resolution No . 2539 shall remain
in full force and effect .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 26th day of April, 1976 .
Mayor
ATTEST: APPROVED AS TO FORM:
loe—
City Clerk City Attorney
APPPOv AS TO CO wT NO FISCAL IM PACT -- -
g d•�': .. FISCAL WACT -- BUDGETED
CITY ADMINISTRATOR FISCAL IMPACT -- NOT BUDGETED
DPB:ahb REQUIRES FINA'1 lCIAL IMPACT REPORT
521
Res. No. 4227
s,rx'E OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City. Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 26th day
of April 19 76 by the following vote:
AYES: Councilmen:
Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
522
ATTACHMENT #2
RESOLUTION NO. 4330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING A COUNCIL MANUAL
BE IT RESOLVED by the City Council of the City of
Huntington Beach that it does hereby adopt a Council Manual,
which manual is attached hereto and by this reference made a
part hereof.
Future amendments to the Council Manual shall be by
resolution of the City Council which shall relate only to the
sections amended.
Resolutions No. 1463, 2539, 31642 3306, 3664 and 4227
are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of September 1976.
Mayor'
ATTEST: APPROVED AS TO FORM:
City Clerk ity o e
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
• W
Mayor
523
Res. No. 4330
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular _ meeting thereof held on the 20th day
of September 19 76 , by the following vote:
AYES: Councilmen:
Bartlett,Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
524
. T ✓ '1
RESOLUTION NO. 43 S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING A COUNCIL MANUAL
BE IT RESOLVED by the City Council of the City of
Huntington Beach that it does hereby adopt a .Council Manual,
which manual is attached hereto and by this reference made a
part hereof.
Future amendments to the Council Manual shall be by
resolution of the City Council which shall relate only to the
sections amended.
Resolutions No. 1463, 25393 3164, 33062 3664 and 4227
are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of September , 1976.
Mayor
ATTEST: / APPROVED AS TO FORM:
City Clerk ity o e
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
Mayor
525
t
COUNCIL MANUAL
TABLE OF CONTENTS
Chapter 1.01, CITY COUNCIL
Sections :
1.01.01 Rules of Office of councilpersons
1.01.02 Vacancies
1.61.03 Attendance
1.01.04 Duties of the City Council
1.01.05 Duties of the.Mayor
1.01. 06 Duties of the Mayor Pro Tempore
1.01.07 Compensation of councilpersons
Chapter 1.02, CODE OF ETHICS
Sections :
1.02.01 Purpose of code
1.02.02 Definition
1.02 .03 Responsibilities .of public office
1.02.04 Dedicated service
1.02..05 Fair and equal treatment--Unilateral communications
1.02.06 Standards of conduct
Chapter 1.03, COUNCIL MEETING
Sections :.
1.03.01 Agenda
1.03.02 Time 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
526
1
Chapter 1.04, PARLIAMENTARY PROCEDURE contd.
Sections :
1.04.07 Reading of ordinances and resolutions
1.04.08 Alteration of ordinance after introduction
1.04.09 Repeal of resolutions and ordinances
1.04.10 Orders for payment of money
1.04.11 The .vote
1.04:12 Division of question ( "split vote") .
1.04.13 Tie votes
1.04.14 Nomination and election
1.04.15 Rights of Mayor
1.04.16 Quorum
1.04. 17 Ralph M. Brown•Act
1.04.18 Fines , penalties and franchises
1.04.19 Other actions
1.04.20 When minute action.is a resolution
' 1.04. 21 Minute actions
1.04. 22 Motion to rescind
1.04. 23 Motion to reconsider
1.04. 24 Vote required on appellate matters
1.04.25 Appointments to boards and commissions
Chapter 1.05, ROLE OF THE CITY ADMINISTRATOR
Sections:
1.05.01 Appointment and removal
1.05.02 Compensation and residence
1.05.03 Duties
1. 05.04 Meetings
1.05.05 Noninterference with administrative service
1.05.06 Acting city administrator
Chapter 1.06, ROLE OF THE CITY ATTORNEY
Sections :
1.06.01 Term
1.06.02 Powers and duties
1.06.03 Requests for ordinances and resolutions
Chapter 1.07, ROLE OF THE CITY TREASURER
Sections :
1.07.01 Term
1.07.02 Powers and duties
ii
527
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
528
Chapter 1.01
CITY COUNCIL
1.01.01 Rules of Office of Council ersons . The Huntington
Beach City Council is comprised o seven members elected
from the city at large to fill a term of four (4) years. Elec-
tion of City Council members is divided into two (2) cyles. Four
(4) Council members are elected at one general municipal elec-
tion, followed in two (2) years by another general municipal
election where three (3) members are elected, and so forth. The
term of a City Council member begins on the first Monday after
election and any tie in voting should be decided by casting lots.
(Charter §500)
1.01.02 Vacancies . A vacancy in the City Council for
whatever reason shall be filled by appointment of the City
Council; thereafter, at the next municipal election at which it
is possible to place the matter on the ballot, the position
will be filled for the unexpired term, if any. (Charter §503)
1. 01.Q3 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.
529
NOW .�
(c) Administering oaths and affirmations in any in-
vestigation or proceeding pending before the Council, to
compel attendance of witnesses, to examine them under oath
and to compel the production of evidence. (Charter §509)
(d) Adopt ordinances and resolutions. (Charter §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)
(,I ) 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.
530
(r) Establishing by ordinance a comprehensive personnel
system. (Charter §1000)
(s) After public bearings, reviewing, considering and adopt-
the annual budget of the city. (Charter §§1202,, 1203, 1204)
At any subsequent meeting after adoption, the City Council
may amend or supplement the budget . (Charter §1205)
(t) Adopting by ordinance a centralized purchasing system.
(Charter §1206)
(u) Refraining from levying a property tax for municipal
purposes in excess of One Dollar ($1) on each One Hundred
Dollars ($100) of assessed value of property within the city
without voter authorization. (Charter §1207)
(v) Establishing by ordinance the procedure for assess-
ment, levy and collection of taxes upon property within the city.
(Charter §1208)
.(w) Establishing by ordinance procedure for the issuance
of revenue bonds. (Charter §1209)
(x) Establishing a contingency fund for the purpose of
placing the payment of running expenses of the city on a cash
basis . (Charter §1212) Establishing a capital outlay fund and
such other funds by ordinance for special capital outlay pur-
poses . (Charter §1213) The City Council may transfer to any
such fund any unemcumbered surplus funds on hand at any time.
(Charter §1213) The City Council may by ordinance establish
the Treasurer's departmental trust fund for the collections and
deposits of the police, license, building and other departments'
deposits. (Charter §1214) The City Council may by ordinance
establish any other funds not inconsistent with city Charter
provisions. (Charter §1215)
(y) Accepting and rejecting all claims against the city.
(Charter §1216) The City Clerk is authorized to act on behalf
of the City Council in rejecting for insufficiency or denying
claims filed against the city pursuant to Government Code §§900
et seq. (Resolution No. 4051, 7 Apr 75)
(z) Providing for an independent audit of the city each
'fiscal year. (Charter §1219)
(aa) Granting franchises for public services after public
hearings, when appropriate. (Charter §1400)
1. 01.05 Duties of the Mayor. On the first Monday after
3.
531
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.
532
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. 06 Standards of conduct . Every officer of the city
shall attempt to be courteous and avoid making rude or personal
remarks . When speaking at a public meeting, the officers of the
5.
533
� r
NNW ...�
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
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 iri "Roberts Rules of Order
Revised," as it now exists or future revisions thereof, shall
control.
6.
534
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 5511)
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 •
535
affirmative votes . An ordinance may be repealed only by another
ordinance .
1. 04 . 10 Orders for payment of money . No order for the
payment of money shall be adopted or made at any other than a
regular or adjourned regular meeting. (Charter §511)
1. 04. 11 The vote . The vote on all motions shall be by
roll call , and may be recorded by electronic or mechanical
means .
1.04. 12 Division of question ("split vote" ) . If the
question contains two 2 or more divisible propositions , the
Mayor may, and at the request of any councilperson shall, di-
vide the question (also called "split vote" ) . Example:
(1) Waive further reading of ordinance/resolution (re-
quires unanimous vote) .
(2) Adopt .
1. 04. 13 Tie votes . If a vote is a tie, the motion fails
except that on appellate matters a tie vote on a. motion to sus-
tain the lower body 's decision has the effect of sustaining' the
decision of the lower body . A tie vote on a negative motion
does not approve the affirmative side of the motion. Thus a
tie vote on a motion to disapprove or not to do something does
not automatically adopt the opposite . After such tie vote the
question should be made in the affirmative mode .
1. 04 .14 Nomination and election. Nomination and election
for the offices of mayor and mayor pro tempore, pursuant to
Section 504 of the Charter, shall follow the following procedure:
(a) At the time set for nomination and election, the mayor
and mayor pro tempore shall vacate their respective offices as
such, and the City Clerk or other presiding officer shall call
the Council to order and proceed to conduct an election for the
office of mayor.
(b ) Any member may nominate any other member, no seconds
being required, and nominations shall be open until a mo-
tion to close shall be adopted.
(c) The vote shall then be conducted on the nominees
by secret ballot and if no nominee secures a majority of votes
cast , the two nominees with the highest number of votes shall
be voted on by secret ballot .
(d) All votes on nominees shall be by- secret ballot .
`,- 8.
536
(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.
0 ) A nominee shall be elected at any time such nominee
has a majority of votes cast on any ballot in which all
nominees eligible for a final ballot are in competition.
(k) Each member shall be entitled to nominate one
nominee for each office : No member shall nominate himself.
(1) A mayor pro tempore shall then be selected by the
same process as set forth in this section for the office of
mayor.
(m) The mayor and mayor pro tempore, following such
proper election, shall serve for terms of one (1) ,year and
until such time as their successors have been elected and
qualified and installed. ,
1.04 .15 Rights of Mayor. The Mayor has the right to make
motions , second motions and vote on motions . The practice of
some deliberative bodies where the chairman does not vote except
to break a tie does not apply .to the City Council.
1.04 . 16 Quorum. A quorum for all meetings of the City
Council is four ) councilpersons .
1.04. 17 Ralph M. Brown Act. Any meeting, gathering or
coming together of four ( 4) or more councilpersons at which
city business is discussed is subject to the Brown Act . A
full discussion of the Brown Act and its rules and require-
ments is found at Appendix of this manual.
9•
537
1. 04. 18 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 §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, bu,t 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.
538
body for action as if no vote had been taken on it . The new
vote on the motion to which it applies neither sustains nor over-
rules such motion because the old vote is vacated and the new
vote is taken as though no previous vote had been taken.
1.04.24 Vote required on appellate matters . Where action
has been taken by a lower body that would be final if not ap-
pealed, such as decisions by the Board of Zoning Adjustments or
the Planning Commission, and is subsequently appealed to the
higher body, the following procedure applies:
(a) If the motion is to sustain the lower body 's decision,
a majority of those present and voting is sufficient (four (4)
affirmative votes not required) . It is not necessary to make a
motion to overrule . When there is a tie vote, the lower body
is sustained. However, if the motion to sustain gets less than
a tie vote , a motion to overrule must be made .
(b) If the motion is to overrule the decision of the lower
body, four ( 4) affirmative votes are required. If there are less
than four (4) affirmative votes , the decision of the lower body
is deemed sustained and no further vote is required.
(c) If a motion is made to modify the decision of the
lower body, two separate steps must be taken:
(1) First , the motion to modify requires four (4)
affirmative votes .
(2) Second, if the motion to modify is adopted, a
motion. to sustain the decision of the lower body as
modified requires the 'same vote as the motion to sustain.
( 3) A motion to overrule the decision of the lower
body, as modified, requires four (4) affirmative votes .
If there are less than four ( 4) affirmative votes , the de-
cision of the lower body, as modified, is deemed sustained
without further vote.
(4) If a motion to modify fails , the next motion
is either to sustain or to overrule the subordinate body.
1.04. 25 Appointments to boards and commissions . When a
vacancy occurs for any reason on any board or agency over which
Council has power .to fill by appointment., the following pro-
cedure shall be followed to fill such vacancy:
(a) At the first Council meeting following the notifica-
tion to the Council of such vacancy, public announcement shall
11.
539
be made of said vacancy and a request made for any interested
persons to submit a resume of their qualifications to the
�.. Council prior to the next regular meeting of the Council.
(b) The Council shall, as soon as is reasonably pos-
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
L, 12.
540
NOW ..�
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-
tendant ,controls for City Council approval and adoption by
ordinance. He shall supervise, the enforcement of the law of
the state, city ordinances , charter provisions , franchises
and rights of the city. He shall, subject to policy estab-
lished by the City Council, exercise control over all adminis-
trative offices and departments , all appointive officers and
employees not appointed directly by the City Council, and pre-
scribe general rules and regulations for the conduct of such
offices and departments . He shall perform such other duties
. consistent with the city Charter as may be required by the
City Council. (Charter §604)
1.05 .04 Meetings . The City Administrator shall be ac-
corded a seat without a vote at all meetings of the City
Council and all boards and commissions except where his re-
moval is under consideration. (Charter §605)
1.05. 05 Noninterference with administrative service.
Except for the purpose of inquiry, no member of the City
Council shall deal with the administrative service under the
control of the City Administrator except through the City
Administrator.
No member of the City Council shall give orders to a
subordinate of the City Administrator either publicly or pri-
vately and except as otherwise provided in the city Charter,
no member of the City Council shall order the appointment or
removal of any person to any office or employment with the
city. (Charter §607)
1. 05. 06 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.
541
Chapter 1.06
ROLE OF THE CITY ATTORNEY
1.06. ul Term. The City Attorney is the attorney for
the municipal corporation known as the City of Huntington
$each. 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 .
542
Chapter 1.07
ROLE OF THE CITY TREASURER
1.01.01 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 1500)
1. 07.02 Powers and duties . The, City Treasurer shall
have the power and shall be required to receive `on behalf
of the city all taxes,assessments , license fees and other
revenues of the city, or for which the city is responsible .
He shall receive all taxes or other money receivable by the
city from the county, state, Federal government or any court
or other department, office or agency of the city. He shall
have control of all funds coming into his hands and deposit
them in such depository as the City Council designates by
resolution or, if none is fixed, as the City Administrator
directs . The. City Treasurer shall act incompliance with
the state Constitution and law in handling, depositing and
securing the public funds . He shall pay out proper orders
or warrants as provided in the city Charter, prepare and
submit to the Finance Director monthly reports of all re-
ceipts , disbursements and fund balances with a copy to, the
City Administrator. He shall perform such other duties con-
sistent with the city Charter as the City Council directs by
ordinance or resolution, and appoint such deputies at such
salaries as the City Council may prescribe by ordinance or
-resolution. (Charter §705)
Chapter 1.08
ROLE OF THE CITY CLERK
1. 08.01 Term. The City Clerk is the official recorder
and keeper of the records of the City of Huntington Beach. He
shall be elected from the city at large as provided in the city
Charter, and shall serve for a term of four (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.
15.
543
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, 151Nov 71) The City Clerk shall accept
t 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 5704)
16. ...i
544
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
545
ATTACHMENT #3
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Table of Contents
CITY OF HUNTINGTON BEACH INFORMATION
Foreword .....................................................................................................................................................................................................4
CityCharter..................................................................................................................................................................................................5
Organization Chart—from Adopted FY 2021/22 Budget ............................................................................................................ 28
Council Meetings and Parliamentary Procedure.............................................................................................................................30
TheAgenda Process................................................................................................................................................................................35
Procedure for Selection of Mayor Pro Tem .....................................................................................................................................38
Codeof Ethics............................................................................................................................................................................................40
Required Trainings(AB 1234 Ethics;AB 1661 Sexual Harassment Prevention)......................................................................45
AR509-Social Media Policy..................................................................................................................................................................52
Statewide Ballot Propositions,Appeal of Planning Decisions,
Guidelines for Representing the City at Conferences or Other Such Meetings..............................................................57
Appointments to Boards,Commissions and Committees...........................................................................................................65
Statement of Economic Interests—Form 700 Reporting.............................................................................................................85
Conflictof Interest Map.......................................................................................................................................................................116
General Rules for Gifts and Honoraria ............................................................................................................................................118
New Mayor Protocol Handbook(includes current Council Liaison List) ...............................................................................120
I LG RESOURCES
RESPONSIBILITIES AND POWERS
Types and Responsibilities of Local Agencies LINKS TO ARTICLES
Local Agency Powers and Limitations
What are the Sources of Law Affecting Local Agencies
Legislative versus Adjudicative Decision Making
BUDGETING AND FINANCE
The Basics of Municipal Revenues in California
The Financial Management for Elected Officials:Questions to Ask
LEADERSHIPSKILLS
Governing Board Member Strategies
Transparency in Local Government: Protecting Your Community Against Corruption
Tips for Promoting Civility in Public Meetings
Council Manual
Material Provided By: City of Huntington Beach; Institute for Local Government(ILG) 547
PUBLIC TRUST&TRANSPARENCY
The Ethics of Speaking One's Mind
The ABCs of Open Government Laws(Brown Act)
Ethics Law Principles for Public Servants: Key Things to Know
MAKING DECISIONS
How Local Agencies Make Things Happen
How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest
LAND USE
The Nuts and Bolts of Proiect Review
WORKING WITH STAFF
Board/Executive Staff Communications Strategies
Elected Official Direction to Staff
WORKING WITH RESIDENTS AND THE MEDIA
Why Engage the Public?
Media Relations Tips for Newly Elected Officials
Dealing with Emotional Audiences
Social Media and Public Agencies: Legal Issues to be Aware of
Taking the Bite Out of Blogs: Ethics in Cyberspace
WHEN BAD THINGS HAPPEN
Saying Your Sorry
A Leader's Role When Tragedy Strikes
Council Manual
Material Provided By: City of Huntington Beach; Institute for Local Government(ILG) 548
City of Huntington Beach
20O0 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 • www•huntingtonbea.chea.gov
Foreword
February 1,2022
Honorable Mayor and City Council,
On September 20, 1976,the Huntington Beach City Council adopted Resolution No.4330,adopting a Council
Manual that provided resource information on a number of processes,duties and responsibilities related to
local government service_ Significant updates to the Council Manual occurred in 1989 and 2019.
In a continued effort to enhance the experience of our elected officials and provide a wealth of solid,
relevant,easily accessible information,staff is pleased to present a revised Council Manual. The Council
Manual begins with items germane to Huntington Beach, and then incorporates a variety of webpage links
to public domain offerings by the Institute for Local Government (ILG). ILG is a nonprofit research and
education affiliate of the League of California Cities and the California State Association of Counties,whose
mission is to promote good government at the local level throughout California. In addition to the linked
publications provided in the Council Manual,videos covering basic Government 101 topics are accessible at
www.ca-ilg.org/post/local-government-basics-videos.
By resolution,the City Council is bound by the rules and processes established hereto. Any information
contained in the Council Manual that conflicts with Federal,State or Huntington Beach law is superseded
by the conflicting law.
The Council Manual is a living document, updated as necessary to ensure its contents remain current and
relevant. Council may request to revise the Council Manual at any time,and staff will present such
requests in the form of a Resolution for Council approval.
The Council Manual located at https://huntingtonbeachca.pov/government/elected officials/city council/
is accessible from City-issued Wads or personal devices used by Council to review agenda-related material.
Staff will make efforts to keep the Council Manual a convenient size,but realizes that Councilmembers will
define its depth and breadth.
It is our hope that this living document will assist Council to successfully conduct business in a prescribed,
qualified and ethical manner while representing the citizens of Huntington Beach.
Sean Joyce, Interim City Manager Robin Estanislau,CIVIC,City Clerk
Sister City. Anjo, Japan
549
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550
City Charter
Formatting of the original Council Manual adopted in 1976 and revised versions thereafter
outlined language taken directly from the City Charter and referenced section numbers.
This revised Council Manual includes the City Charter in its entirety (attached) as a complete
reference guide that includes the topics outlined in prevision versions:
✓ Rules of Office of Councilpersons (Charter § 300)
✓ Duties and Limitations of the City Council (Charter§ 301, 303, 304, 307, 308,
311, 313, 400, 401, 403, 405, 500, 602, 603, 604, 608, 610, 615, 616)
✓ Duties of the Mayor (Charter§ 303, 305, 613)
✓ Duties of the Mayor Pro Tempore (Charter§ 306)
✓ Compensation of Councilpersons (Charter § 302; HBMC § 2.28.010)
551
CITY HUNTINGTON BEACH
C 0 y I
ity Charter
Incorporated February 17, 1909
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CITY OF HUNTINGTON BEACH
CITY CHARTER
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e
Incorporated,February 17, 1909
(Election February 9, 1909; 94 votes cast for incorporation and 25 votes against)
CHARTER AMENDMENTS
Effective Dates
Charter Election Certified- Res. 773 Results 5/3/37....................5/17/37
Amendments...................................................................2/2/40
Amendments.................................................................1/29/47
Amendments.................................................................1/27/49
Amendments...................................................................5/9/49
Revised..................................................................................5/1/5 0
New Charter..................................................................2/10/66
Amendments.................................................................1/18/71
Amendments...................................................................6/5/7 5
Amendments................................................................12/10/76
Amendments.................................................................7/17/78
Amendments..(Consolidation November)................................12/9/82
Amendments.................................................................12/7/84
Amendments.................................................................12/7/90
Amendments..................................................................4/22/02
Revised........(Certified by the Secretary of State 116111)............12/6/10
City of Huntington Beach City Charter Page 1 of 20
12/6/10
553
CITY CHARTER
TABLE OF CONTENTS
ARTICLE I. INCORPORATION AND POWERS OF THE CITY
Section 100.Name
Section 101. Seal
Section 102. Boundaries
Section 103. Powers of City
Section 104. Construction
Section 105. Intergovernmental Relations
ARTICLE II. FORM OF GOVERNMENT
Section 200. Council-Manager Form of Government
ARTICLE III. ELECTIVE OFFICES
Section 300. City Council, Attorney, Clerk and Treasurer. Terms
Section 301. Powers Vested in City Council
Section 302. Compensation
Section 303. Meetings and Location
Section 304. Quorums, Proceedings and Rules of Order
Section 305. Presiding Officer
Section 306. Mayor Pro Tempore
Section 307.Non-interference with Administration
Section 308. Official Bonds
Section 309. City Attorney. Powers and Duties
Section 310. City Clerk. Powers and Duties
Section 311. City Treasurer. Powers and Duties
Section 312. Vacancies, Forfeitures and Replacement
Section 313. Conflict of Interest,Nepotism
ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL
Section 400. City Manager. Composition, Term, Eligibility,Removal
Section 401. Powers and Duties
Section 402. Acting City Manager
Section 403. Personnel
Section 404. Retirement System
Section 405. Boards, Commissions and Committees
ARTICLE V. ORDINANCES AND RESOLUTIONS
Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When
Effective and Codification
Section 501. Emergency Ordinances
Section 502. Resolutions
Section 503. Publishing of Legal Notices
City of Huntington Beach City Charter Page 2 of 20
12/6/10
554
ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget,Preparation by the City Manager
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
Section 617. Infrastructure Fund
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704.Nomination Papers
ARTICLE VIII. MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
Section 803. Property Rights Protection Measure
Section 804. Charter Review
City of Huntington Beach City Charter Page 3 of 20
12/6/10
555
CHARTER
We,the people of the City of Huntington Beach, State of California believe fiscal responsibility and the
prudent stewardship of public funds is essential for confidence in government,that ethics and integrity are
the foundation of public trust and that just governance is built upon these values. Through the enactment
of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State
of California,we do hereby exercise the privilege of retaining for ourselves,the benefits of local
government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the
governance and operation of our City.
It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington
Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense,to assure
the continued success and well-being of our fair City.
ARTICLE I
INCORPORATION AND POWERS OF THE CITY
Section 100. NAME. The municipal corporation now existing and known as the City of Huntington
Beach shall remain and continue to exist as a municipal corporation under its present name of"City of
Huntington Beach."
Section 101. SEAL. The City shall have an official seal which may be changed from time to time by
ordinance. The present official seal shall continue to be the official seal of the City until changed in the
manner stated.
Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed
in the manner authorized by law.
Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter or in the Constitution of the State of California.
Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be
construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to
be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid,
the remainder of the Charter and the application of such provision to other persons or circumstances, shall
not be affected thereby.
Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by
contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United
States or any agency thereof.
ARTICLE II
FORM OF GOVERNMENT
Section 200. COUNCIL-MANAGER FORM OF GOVERNMENT. The municipal government
provided by this Charter shall be known as the Council-Manager form of government.
City of Huntington Beach City Charter Page 4 of 20
12/6/10
556
ARTICLE III
ELECTIVE OFFICES
Section 300. CITY COUNCIL,ATTORNEY, CLERK AND TREASURER.TERMS. The elective
officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a
City Attorney, all to be elected from the City at large at the times and in the manner provided in this
Charter and who shall serve for terms of four years and until their respective successors qualify. Subject
to the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. Four members of the City Council shall be elected at the general municipal election
held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the
general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a
member of the City Council for more than two consecutive terms and no person who has been a member
for more than two years of a term to which some other person was elected a member shall be elected to
the City Council more than one further consecutive term. Subject to the provisions of this Charter,the
City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue
in office until the expiration of their respective terms and the qualification of their successors. A City
Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth
year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following the certification of the election. Ties in voting among
candidates for office shall be settled by the casting of lots.
If no candidate meets the qualifications for office of the City Clerk, City Treasurer,or City Attorney,the
City Council shall fill that position by appointment until the next municipal general election in which a
qualified candidate is elected.
Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the
City Council except as otherwise provided in this Charter.
Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as
compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars
per month. In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty upon submission of
itemized expense accounts therefor. In addition, members shall receive such reasonable and adequate
amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to
them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their
serving as City Councilpersons.
Section 303. MEETINGS AND LOCATION.
(a) Regular Meetings. The City Council shall hold regular meetings at least twice each
month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular
meeting to a date and hour certain which shall be specified in the order of adjournment and when so
adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for
holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall
be held on the next business day.
(b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a
majority of the members of the City Council, by written notice to each member of the City Council and to
each local newspaper of general circulation,radio or television station requesting notice in writing. Such
City of Huntington Beach City Charter Page 5 of 20
12/6/10
557
notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted.No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace, health or safety,a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the
City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,
flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for
the duration of the emergency at such place within the City as is designated by the Mayor, or, if he should
fail to act,by a majority of the members of the City Council.
(d) Open Meetings. All regular and special meetings of the City Council shall be open and
public, and all persons shall be permitted to attend such meetings,except that the provisions of this
section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council
meetings,no person shall be denied the right to be heard by the City Council.
(e) Dissemination of Information. The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER.
(a) Quorum. A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same
adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned, or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings. The City Council shall judge the qualification of its members as set forth
by the Charter. It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses,to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk. They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon
other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same
manner as violations of this Charter are punishable. The City Council shall have control of all legal
business and proceedings and all property of the legal department, and may employ other attorneys to
take charge of or may contract for any prosecution, litigation or other legal matter or business.
(c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon
adoption of any ordinance,resolution, or order for payment of money, or upon the demand of any
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member,the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be
entered in the minutes of the meeting.
Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed
following any general or special municipal election, and at any time when there is a vacancy in the office
of Mayor, the City Council shall meet and shall elect one of its members as its presiding officer,who
shall have the title of Mayor. The Mayor may make and second motions and shall have a voice and vote
in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes; shall
have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of
the City government to the people,and as occasion requires,may inform the people of any major change
in policy or program; and shall perform such other duties consistent with the office as may be prescribed
by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the
pleasure of the City Council.
Section 306. MAYOR PRO TEMPORE. The City Council shall also designate one of its members as
Mayor Pro Tempore,who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's
request.
Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in
this Charter, no member of the City Council shall order, directly or indirectly, the appointment by the
City Manager,or by any of the department heads in administrative service of the City, of any person to
any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the
members of the City Council shall deal with the administrative service under the jurisdiction of the City
Manager solely through the City Manager, and no member of the City Council shall give orders to any
subordinate of the City Manager, either publicly or privately.
No elected department head or staff of the Office of the elected department head shall be a member of the
management negotiation team for the purposes of negotiations of memorandums of understanding with
the employee bargaining units.
Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and
terms of the official bonds of all officials or employees who are required by this Charter or by ordinance
to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be
paid by the City. A blanket bond may be used if it provides the same protection as the required separate
bond would provide.
In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall
be no personal liability upon, or any right to recover against, the employee's superior officer or other
officer or employee or the bond of the latter, unless such superior officer, or other officer or employee is a
party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss.
Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City
Attorney the person elected or appointed shall have graduated from a law school accredited by the
American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of
California,shall have been engaged in the practice of law in this State for at least five years prior to their
election or appointment. The City Attorney shall have the power and may be required to:
(a) Represent and advise the City Council and all City officers in all matters of law
pertaining to their offices.
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(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to
prosecute, unless otherwise provided by the City Council.
(c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee,or former City officer
or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or
is a party for any act arising out of their employment or by reason of their official capacity.
(d) Attend all regular meetings of the City Council, unless excused,and give their advice or
opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or
officers of the City.
(e) Approve in writing the form of all contracts made by and all bonds and insurance given
to the City.
(f) Prepare any and all proposed ordinances and City Council resolutions and amendments
thereto.
(g) Devote such time to the duties of their office and at such place as may be specified by the
City Council.
(h) Perform such legal functions and duties incident to the execution of the foregoing powers
as may be necessary.
(i) Surrender to their successor all books,papers,files, and documents pertaining to the
C ity's affairs.
0)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor's Degree in business, public administration, or a
related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office. The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy, and as to an ordinance requiring publication, stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
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(f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
(g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment of property and the
collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise.
(h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
0) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist
them or act for them, at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311. CITY TREASURER. POWERS AND DUTIES. To become and remain eligible for City
Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience, and have either:
A Master's Degree in accounting, finance,business, or public administration; or
A Bachelor's Degree in accounting, finance,business, or public administration with certification
by the California Municipal Treasurer's Association, or their successor,within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of
the City, or for the collection of which the City is responsible, and receive all taxes or other money
receivable by the City from the County, State or Federal governments,or from any court, or from any
office,department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office, department or agency of the City government and deposit or cause to be deposited all funds
coming into their hands in such depository as may be designated by resolution of the City Council, or, if
no such resolution be adopted,then in such depository designated in writing by the City Manager, and in
compliance with all of the provisions of the State Constitution and laws of the State governing the
handling,depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this
Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts,
disbursements and fund balances,and shall file copies of such reports with the City Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of the City Council.
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(f) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to
assist them or act for them, at such salaries or compensation as the Council may by ordinance or
resolution prescribe.
Section 312.VACANCIES,FORFEITURES AND REPLACEMENT.
(a) Vacancies. A vacancy in the City Council or in any other office designated as elective by
this Charter, from whatever cause arising, shall be filled by appointment by the City Council.
(b) Forfeiture. If a member of the City Council is absent from all regular meetings of the
City Council for a period of thirty consecutive days from and after the last regular City Council meeting
attended by such member, unless by permission of the City Council expressed in its official minutes,the
office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a
felony or any crime of moral turpitude, or ceases to be an elector of the City,the office shall become
vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who
shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed
thereby to have vacated the office under the City Government.
(c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill
such vacancy for the remainder of the unexpired term.
Section 313. CONFLICT OF INTEREST,NEPOTISM.
(a) Conflict of Interest. The City Council shall adopt or approve rules and regulations
regulating conflicts of interest and promoting fair dealing in all City business.
(b) Nepotism. The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree of any one or more
of the members of such City Council,nor shall the City Manager or any department head or other officer
having appointive power appoint any relative of such person or of any Council member within such
degree to any such position.
This provision shall not affect the employment or promotional status of a person who has attained a
salaried position with the City prior to the existence of a situation contemplated by this provision;
however,Council members or officers with appointive powers in such a situation shall disqualify
themselves from all decisions affecting the employment and promotional status of such person.
ARTICLE IV
APPOINTIVE OFFICES AND PERSONNEL
Section 400. CITY MANAGER. COMPOSITION,TERM,ELIGIBILITY,REMOVAL.
(a) Composition. There shall be a City Manager who shall be the chief administrative officer
of the City.
(b) Term. The City Manager shall be appointed by the affirmative vote of at least a majority
of the members of the City Council and shall serve at the pleasure of the City Council;provided,
however,that the person occupying the office shall not be removed from office except as herein provided.
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(c) Eligibility. The City Manager shall be chosen on the basis of executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted
practice as regards the duties of the office as herein set forth. No person shall be eligible to be appointed
City Manager or Acting City Manager while serving as a member of the City Council nor within one year
following the termination of membership on the City Council.
(d) Removal. The City Manager shall not be removed from office during or within a period
of ninety days next succeeding any municipal election at which a member of the City Council is elected.
At any other time the City Manager may be removed only at a regular meeting of the City Council and
upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to
the effective date of removal,the City Manager shall be furnished with a written notice stating the
Council's intentions and, if requested by the City Manager, the reasons therefor. Within seven days after
receipt of such notice,the City Manager may by written notification to the City Clerk request a public
hearing before the City Council, in which event the Council shall fix a time for a public hearing which
shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.
The City Manager shall appear and be heard at such hearing. After furnishing the City Manager with
written notice of the intended removal,the City Council may suspend the City Manager from duty,but his
compensation shall continue until removal as herein provided. In removing the City Manager,the City
Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and
the City Manager to present to each other and to the public all pertinent facts prior to the final action of
removal.
Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Manager
shall be responsible to the City Council for the proper administration of all affairs of the City. Without
limiting this general grant of powers and responsibilities,the City Manager shall have the power and be
required to:
(a) Appoint,promote, demote, suspend or remove department heads,officers and employees
of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or
removed until the City Manager shall first have reviewed such appointment or removal with the City
Council and have received approval for such appointment or removal by a majority vote of the full City
Council.
(b) Prepare the budget annually, submit it to the City Council, and be responsible for its
administration upon adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report
on the finances of the City, and annually or more frequently, a current report of the principal
administrative activities of the City.
(d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem desirable.
(e) Maintain a centralized purchasing system for all City offices, departments and agencies.
(f) Prepare,administer and enforce rules and regulations recommended to and adopted by
the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and
disposal of all supplies, materials and equipment required by any office, department or agency of the City
government.
(g) Be responsible for the compliance by the City with the laws of the State pertaining to the
City,the provisions of this Charter and the ordinances, franchises and rights of the City.
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Subject to policy established by the City Council, exercise control of all administrative offices and
departments of the City and of all appointive officers and employees, and prescribe such general rules and
regulations as deemed necessary or proper for the general conduct of the administrative offices and
departments of the City under their jurisdiction.
(h) Perform such other duties consistent with this Charter as may be required by the City
Council.
Section 402.ACTING CITY MANAGER. During any temporary absence or disability of the City
Manager,the City Manager shall appoint one of the other officers or department heads of the City to
serve as Acting City Manager. In the event the City Manager fails to make such appointment, such
appointment may be made by the City Council.
Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer, a City
Attorney and City Manager,the officers and employees of the City shall consist of such other officers,
assistants, deputies and employees as the City Council may provide by ordinance or resolution. The City
Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance
or resolution for such offices,officials and employees except as herein provided.
The City Council shall maintain by ordinance a comprehensive personnel system for the City. The City
Manager and any officers designated as elective by the Charter shall be exempt. The system shall consist
of the establishment of minimum standards of employment and qualifications for the various classes of
employment and procedures to be followed in advancement,demotion, suspension and discharge of
employees included within the system, as the City Council shall determine to be for the best interest of
the public service. The ordinance shall designate the appointive officers and employees who shall be
included within the system. By subsequent ordinances the City Council may amend the system or the list
of appointive officers and employees included within the system. The system shall comply with all other
provisions of this Charter.
It shall be the duty of all department heads,whether appointed or elected, to assist and cooperate with the
City Manager in administering the affairs of the City in the most efficient, fiscally responsible,and
harmonious manner consistent with the duties as prescribed by law,City Charter, or by ordinance.
Section 404. RETIREMENT SYSTEM. The City shall participate in a retirement system.
Section 405. BOARDS,COMMISSIONS AND COMMITTEES. The City Council shall establish such
boards,commissions and committees as are deemed necessary for the orderly functioning of the City. All
such boards, commissions and committees shall report directly to the City Council.
ARTICLE V
ORDINANCES AND RESOLUTIONS
Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION,
AMENDMENT,WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this
Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as
follows: "The City Council of the City of Huntington Beach does ordain as follows:"No order for the
payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon
introduction, an ordinance shall be read by title only. Unless a higher vote is required by other provisions
of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment
of any ordinance or for the making or approving of any order for the payment of money. All ordinances
shall be signed by the Mayor and attested by the City Clerk.
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(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its introduction. In the event that any ordinance is altered after its
introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than
five days after the date it was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places
designated by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the
County or the City and circulated in the City,which is selected by the City Council for that purpose.
Current technology shall be used to ensure the widest possible dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by the re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the
date of its adoption,except the following, which shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an election;
(2) An improvement proceeding ordinance adopted under some special law or
procedural ordinance relating thereto;
(3) An ordinance declaring the amount of money necessary to be raised by taxation,
or fixing the rate of property taxation,or levying the annual tax upon property.
(4) An emergency ordinance adopted in the manner provided in this Charter.
(f) Codification. Detailed regulations pertaining to any subject and comprehensive
codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in
the manner set forth herein;however, such regulations and codifications need not be published in the
manner required for other ordinances,but not less than three copies thereof shall be filed for use and
examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be
repealed as of the effective date of the codification. Amendments to the code shall be enacted by
ordinance.
Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the public peace,health, or safety,
and containing a statement of the reasons for its urgency, may be adopted in the manner provided in
Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the
same regular or special meeting and shall take effect immediately upon adoption if passed by at least five
affirmative votes. An emergency ordinance shall expire automatically after 120 days.
Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not
required by this Charter to be taken by ordinance.
Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all
legal notices and other matters required to be published by law in a daily, semiweekly or weekly
newspaper published in the County or the City and circulated in the City which is selected by the City
Council for that purpose and using current technology.No defect or irregularity in proceedings taken
under this section shall invalidate any publication where it is otherwise in conformity with this Charter or
law or ordinance.
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ARTICLE VI
FISCAL ADMINISTRATION
Section 600. FISCAL YEAR. The fiscal year of the City shall be as set forth by resolution of the City
Council.
Section 601.ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the
City Manager shall determine, each board or commission and each department head shall furnish to the
City Manager,personally, or through the Director of Finance, estimates of the department's, board's or
commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be
prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the
estimates,hold conferences thereon with the respective department heads, boards or commissions as
necessary, and may revise the estimates as may be deemed advisable.
Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager
shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each
fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the
City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal
year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk at least
ten days prior to said hearing.
Section 603.ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned,the City Council shall hold a public
hearing on the proposed budget, at which interested persons desiring to be heard shall be given such
opportunity.
Section 604.ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the
conclusion of the public hearing the City Council shall further consider the proposed budget and make
any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall
adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members
of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies
thereof, certified by the City Clerk, shall be filed with the City Manager, Director of Finance, City
Treasurer and the person retained by the City Council to perform the post audit function, and a further
copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for
public inspection. The budget so certified shall be reproduced and copies made available for the use of the
public and of departments, offices and agencies of the City.
Section 605.ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the
several amounts stated therein as proposed expenditures shall be and become appropriated to the several
departments, offices and agencies for the respective objects and purposes therein named; provided,
however,that the City Manager may transfer funds from one object or purpose to another within the same
department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that
they shall not have been expended or lawfully encumbered.
At any public meeting after the adoption of the budget,the City Council may amend or supplement the
budget by motion adopted by the affirmative vote of at least a majority of the total members of the City
Council.
Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by
ordinance for the assessment, levy and collection of taxes upon property which is taxable for municipal
purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the
rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall
be deemed to have been levied on all taxable property in the City for the current fiscal year.
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Section 607.TAX LIMITS.
(a) The City Council shall not levy a property tax for municipal purposes in excess of One
Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except
as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the
electors voting on a proposition to increase such levy at any election at which the question of such
additional levy for municipal purposes is submitted to the electors. The number of years that such
additional levy is to be made shall be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above
limitation, if no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City of principal and interest of all
bonds and judgments due and unpaid,or to become due during the ensuing fiscal
year,which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City for the retirement system in
which the City participates, due and unpaid or to become due during the ensuing
fiscal year.
(c) Special levies, in addition to the above and not subject to the above limitation,may be
made annually,based on City Council approved estimates, for the following specific purposes, but not to
exceed the following respective limits for those purposes for which limits are herein set forth, to wit:
parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to
exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per
One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred
Dollars. The proceeds of any special levy shall be used for no other purpose than that specified.
Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax, or other measure
whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied,
enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of
the City Council; provided,however,that any tax levied or collected pursuant to Section 607(b)of this
Charter shall be exempt from the minimum voting requirement of this section.
This section shall not apply to any license, permit, or any other fee or charge whose principal purpose is
to pay or reimburse the City for the cost of performing any regulatory function of the City under its police
power in connection with the City's duty to preserve or maintain the public peace,health, safety and
welfare.
This section shall not apply to any user or service fee or charge provided such fee or charge is directly
related to such use or service, is charged to the user or person receiving such service, and is to pay or
reimburse the City for the costs of providing such use or service.
This section shall not apply to any fee or charge relating to any franchise or proprietary function of the
City.
Section 609. REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer
or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of
the electors voting on a proposition submitted to the electors to authorize such tax at a general or special
election.
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Section 610. BONDED DEBT LIMIT. The City shall not incur an indebtedness evidenced by general
obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation,
for purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless
authorized by the affirmative vote of the majority required by law of the electors voting on such
proposition at any election at which the question is submitted to the electors.
Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes,
as may be specified in such bonds, may be issued when the City Council by ordinance shall have
established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall
not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues
shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the
same at an election at which such proposition shall have been duly submitted to the registered voters of
the City.
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of
such fund, and other appropriate covenants. Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated
by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course,driving range, road, building over three thousand square feet in floor area
nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority of
the electors voting on such proposition at a general or special election at which such proposition is
submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable
project description has been completed and widely disseminated to the public. Effective January 1, 2011,
and each year thereafter,the maximum cost will be adjusted by the Consumer Price Index for the Los
Angeles-Riverside-Orange County area.
(c) Section 612(a)and 612(b)shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise,concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach
AND
- such act was being performed or service provided at the same location prior to
January 1, 1989 AND
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- the proposed lease, franchise,concession agreement or other contract would
not increase the amount of parkland or beach dedicated to or used by the party
performing such act or providing such service.
(3) to above ground public works utility structures under 3,000 square feet;
(4) to underground public works utility structures if park or beach use is not
impeded;
(5) to any public works construction,maintenance or repair mandated by state or
federal law that does not negatively impact recreational opportunities; or
(6) to renewable energy projects that do not negatively impact recreational
opportunities.
(d) If any section, subsection, part, subpart,paragraph, clause or phrase of this amendment,
or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,
the remaining sections, subsections, parts, subparts,paragraphs,clauses or phrases shall not be affected
but shall remain in full force and effect.
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound
by a contract only if it is made in writing,approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Manager or other
officer to bind the City,with or without a written contract, for the acquisition of equipment, materials,
supplies, labor, services or other items included within the budget approved by the City Council, and may
impose a monetary limit upon such authority.
(b) By ordinance or resolution,the City Council may provide a method for the sale or
exchange of personal property not needed in the City service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
(c) Contracts for the sale of the products, commodities or services of any public utility
owned,controlled or operated by the City may be made by the manager of such utility or by the head of
the department or City Manager upon forms approved by the City Manager and at rates fixed by the City
Council.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided,every
contract involving an expenditure as set forth by ordinance of the City Council for the construction or
improvement(excluding maintenance and repair) of public buildings,works, streets, drains, sewers,
utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same, where
the expenditure required for such purchase shall exceed the amount set by ordinance, shall be let to the
lowest responsible bidder after notice by publication in accordance with Section 503 by two or more
insertions,the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After
rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract
or project is below the amount set by ordinance,the City Council may declare and determine that in its
opinion,the work in question may be performed better or more economically by the City with its own
employees, or that the materials or supplies may be purchased at lower price in the open market, and after
the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the
City of Huntington Beach City Charter Page 17 of 20
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City Council, it may proceed to have said work done or such materials or supplies purchased in the
manner stated without further observance of the provisions of this section.
All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life,health, or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension,replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant to the City Council, one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public, and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5, 2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund."
The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years. They include storm drains, storm
water pump stations, alleys, streets, highways, curbs and gutters, sidewalks,bridges, street trees,
landscaped medians, parks,beach facilities, playgrounds,traffic signals, streetlights, block walls along
arterial highways, and all public buildings and public ways. Interest earned on monies in the
Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance, including construction, design,engineering,
project management, inspection, contract administration and property acquisition. Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance, for the five- (5)year period of 1996 to 2001, is and was 14.95%. Expenditures for
infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of
general fund revenues based on a five-(5)year rolling average.
(c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the
City Council prior to adoption of the following fiscal-year budget.
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ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even-numbered year.
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by
authority of this Charter, or of any law, shall be known as special municipal elections.
Section 702.PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance
with the provisions of the Elections Code of the State of California,as the same now exists or hereafter
may be amended, for the holding of municipal elections, so far as the same are not in conflict with this
Charter.
Section 703. INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California, as the same now exists or hereafter may
be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704. NOMINATION PAPERS.Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter. All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year,whichever occurs first. All lawful ordinances,resolutions, rules and regulations, and
portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed, amended,changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this
Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Huntington Beach and "department," "board," "commission,"
"agency," 'officer," or "employee" is a department,board, commission, agency, officer or
employee,as the case may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
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(g) "Person" includes firm and corporation.
Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor.
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by
the owner of real property. Any such measure is hereby repealed.
(b) The word "mandates" as used in subsection(a) includes any measure taken by ordinance,
resolution, administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real
property" as used in subsection(a)refer to any parcel of land or site, either improved or unimproved, on
which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations, excluding those caused by disasters,for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its
related agencies,to accept a financial contribution or other tangible benefit
including without limitation, assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain,purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property, whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a
citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
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Return to Table of Contents
City ofHuntington Beach
Organizational Chart
Adapted Budget—FY 2021/22
Of
THE PEORE
CITY CITY CLERK CITY COUNCIL CITY
TREASURER
A?TCtRNEY Mayor
Mayor Pro4em
AdminL�Uration. City Council Members Investments
Advisery Pabr�cSupport
&Elections
Ltiigation Records Iffy
Management
MANAGER
Community
Prosecution
ASSISTANT
Ct
C
OLICE COPAMUNITY CITY MANAGER
L�RARY SERVES
Professional Admin` re Facilities& PUBLIC CITY COUNCIL
Standards Operations Events INFORMATION SUPPORT SUSTAINABti ITY
Emergency Q Programs&
Response Investigations Services
Marine Library&
Salty Unibrm Cultural Services
FINANCE COMMUNITY PUBLIC ADDMINISTRATNE
DEVELOPMENT WORKS SERVICES
Accounting Planning Main�nan� Pertbrmance
Se
rvices Operations Management
Budget Human Resources
Management Uttii6es &Risk
Epe
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Management
Revenue Buikling Transport ion Information
Services I I Services
Housing Engineering
Code Enforcement
Economic
Development
VII
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Council Meetings
(All meetings are subject to the Brown Act)
Regular Council Meetings. Regular meetings of the City Council/Public Financing Authority are
held on the first and third Tuesday of each month, and typically begin on or preceding the hour
of 4:00 P.M in the Council Chambers. A Study Session used to present information to Council
for discussion purposes only with no objection being taken or Closed Session may be convened
subject to the Brown Act, and may be scheduled prior to the main, public meeting that
convenes at 6:00 P.M. in the Council Chambers. If a regularly scheduled meeting falls on a
holiday, the meeting will be held on the next business day.
Special Council Meetings. Special meetings including meetings to adjourn to Closed Session
may be called by the Mayor or a majority of the members of the Council, and noticed
accordingly to identify the time and place of the special meeting.
Public Input. Each regular meeting shall provide an opportunity for members of the public to
address the Council on items that are within the subject matter jurisdiction of the Council. The
Mayor, subject to appeal as a decision of the chair, may establish time limits for particular issues
and individual speakers. Members of the public wishing to speak shall follow public comment
instructions provided within the agenda, and will be called to speak at the appropriate time to
provide comments within a 3-minute time limit. No person may donate his or her time to
another speaker.
Parliamentary Procedure
Roberts Rules of Order. In all matters of parliamentary procedure not expressly provided for in
the City Charter or the ordinances or resolutions of the City of Huntington Beach, the procedure
contained in the current edition of Roberts Rules of Order, as it now exists or future revisions
thereof, shall control. Failure to comply with technical procedural rules shall not affect the
Council's ultimate decision except to the extent the failure violates due process.
Parliamentarian. The City Attorney is parliamentarian for the City Council, and upon the
request of the Mayor or upon his own initiative, shall make rulings on points of parliamentary
procedure.
Motions. Motions may be made by any member of the Council and require a second, except
when a second is not required by Roberts Rules of Order. A motion may be withdrawn by the
mover with the consent of the second and in the absence of objection from any other member
of the Council.
The Vote. The vote on all motions shall be by roll call, and recorded by electronic or other
means necessary to record the vote.
576
Division of Question ("Split Vote"). If the question contains two (2) or more divisible
propositions,the Mayor may, and at the request of any Councilperson shall, divide the question
(also called "split vote"). Example:
1. Waive further reading of ordinance/resolution (requires unanimous vote)
2. Adopt
Tie votes. If a vote results in a tie,the motion fails except that on appellate matters a tie vote on
a motion to sustain the lower body's decision has the effect of sustaining the decision of the
lower body. A tie vote on a negative motion does not approve the affirmative side of the
motion. Thus, a tie vote on a motion to disapprove or not to do something does not
automatically adopt the opposite. After such tie vote,the question should be made in the
affirmative mode.
Rights of Mayor. Each member of Council including the Mayor may make motions, second
motions and vote on motions. The practice of some deliberative bodies where the Chairman
does not vote except to break a tie does not apply to the Council.
Other Actions. Actions which are not required by the City Charter or City ordinances to be in
the form of ordinances or resolutions may be effectuated by minute action.
Minute Actions. In all situations where an action of the Council under the express provisions of
the City Charter or ordinances shall or may be by resolution, a "minute action" of the Council
adopted by at least four (4) affirmative votes shall be deemed a resolution for all purposes, and
such action shall not fail merely because it lacks the form or title of a resolution.
Minute actions require the affirmative votes of a majority of Councilpersons present and voting,
but not less than three (3), except when less than a quorum is present, the lesser number may
adjourn from time to time.
Motion to Reconsider. A motion to reconsider,when appropriate under the Brown Act and
Roberts Rules of Order, may be made at the same meeting or no later than the next regular
meeting if the item is placed on the agenda of the City Council by a Councilperson who voted on
the prevailing side of the motion to which it applies.
• The vote required to adopt a motion to reconsider shall be a simple majority of
Councilpersons present and voting, except that such motion shall require four (4)
affirmative votes in order to reconsider any motion which required four (4) affirmative
votes for adoption.
• A motion to reconsider may be made only once with respect to any motion to which it
applies. However, a motion to reconsider a main motion does not preclude the making
577
of a motion to which it applies.
• A motion to reconsider a main motion does not preclude the making of a motion to
reconsider the main motion as amended.
• A motion to amend may be reconsidered.
• A motion to reconsider a motion to reconsider is not permitted. The vote on the motion
to reconsider shall be taken at the time the motion to reconsider is made except that the
vote on a motion "to reconsider and enter upon the minutes" shall be taken at the next
regular meeting of the City Council if said minutes are on the agenda.
• The effect of the adoption of a motion to reconsider is to vacate the vote taken on the
motion to which it applies and to present the motion to which it applies to the body for
action as if no vote had been taken on it. The new vote on the motion to which it applies
neither sustains nor overrules such motion because the old vote is vacated, and the new
vote is taken as though no previous vote had been taken.
Vote Required on Appellate Matters. Where action has been taken by a lower body that would
be final if not appealed, such as decisions by the Zoning Administrator or the Planning
Commission, and is subsequently appealed to the higher body,the following procedure applies:
1. If the motion is to sustain the lower body's decision, a majority of those present and
voting is sufficient (four (4) affirmative votes not required). It is not necessary to make a
motion to overrule. When there is a tie vote,the lower body is sustained. However, if
the motion to sustain gets less than a tie vote, a motion to overrule must be made.
2. If the motion is to overrule the decision of the lower body, four (4) affirmative votes are
required. If there are less than four (4) affirmative votes, the decision of the lower body
is deemed sustained and no further vote is required.
3. If a motion is made to modify the decision of the lower body,two separate steps must
be taken:
a) First,the motion to modify requires four (4) affirmative votes.
b) Second, if the motion to modify is adopted, a motion to sustain the decision of the
lower body as modified requires the same vote as the motion to sustain.
c) A motion to overrule the decision of the lower body, as modified, requires four (4)
affirmative votes. If there are less than four affirmative votes, the decision of the
lower body, as modified, is deemed sustained without further vote.
578
d) If a motion to modify fails,the next motion is either to sustain or to overrule the
subordinate body.
Doing Business After 11:00 P.M. No meeting shall continue beyond 11:00 P.M. without a
majority vote of the Council (Resolution No. 2015-46).
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The Agenda Process
The Agenda Process is a schedule of activities that occur prior to placing an item on the City
Council/Public Financing Authority agenda. In March 2003, Council approved a policy that
provided a timeline for agenda-related activities to facilitate timely compilation and delivery of
the agenda packet to Council, staff, and the public. Agenda activities include creation of a
Request for Council Action (RCA/staff report), and depending upon the type of request, may
require scheduling a public hearing, submitting a Request for Legal Service (RLS) to the City
Attorney(legal review of a document or request to prepare a resolution or ordinance), review of
fiscal impact information by the Finance Department, and others.
All RCAs must be submitted to the City Manager for review and approval. The City Manager may
request department modifications to the RCA, and once approved,the RCA is forwarded to the
City Clerk for additional review for complete materials and final placement on a future agenda.
The City Clerk prepares a draft agenda and presents it to the City Manager, City Attorney,
department heads and select Councilmembers at Agenda Review, a meeting held each Monday
afternoon the week preceding a regularly scheduled City Council meeting. This meeting is
designed to provide staff and the Mayor an opportunity to share information, ask questions or
make recommendations to the agendized items. Agenda Review is also the last day a
Councilmember can place an item on the agenda. Exceptions can be made for a time-sensitive
item that cannot be delayed to a future Council meeting. Items placed on the agenda by
individual Councilmembers will be agendized for future action by the City Manager.
Following Agenda Review, agenda packet material is finalized and electronically compiled into
iLegislate,the application used by Council and staff to review agenda-related materials on City-
issued iPads or personal e-devices. At 5:00 p.m. on the Wednesday preceding a regularly
scheduled City Council meeting, Council is advised by email communication that the e-packet is
accessible and ready for downloading onto their City-issued iPads or personal e-devices.
Following release to Council, agenda material is made visible to staff and the public at
https://huntingtonbeach.legistar.com/Calendar.aspx. If a holiday occurs on the Monday or
Tuesday prior to Wednesday's scheduled agenda packet release, delivery of packet material to
Council and the public may delayed by one additional day.
Please refer to the 2022 City Council Agenda Deadline Schedule (attached) as an outline of the
agenda process schedule for staff and Councilmembers.
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2022 CITY COUNCIL AGENDA DEADLINE SCHEDULE
MEETING PUBLIC RCA DUE TO RCA DUETO CITY PACKET
DATE HEARING FINANCE CITY MANAGER'S RELEASE
NOTICE MANAGER AGENDA
DUE TO MON. 5 PM REVIEW WED. 5 PM
CITY CLERK (Councilmember
(15 Days Prior) WED. 5 PM Items Due) (6 Days Prior)
(20 Days Prior) MON. 4 PM
(13 Days Prior)
(8 Days Prior)
01/18 12/29/21 01/03 01/05 01/10 01/12
02/01 01/12 *01/18 01/19 01/24 01/26
02/15 01/26 01/31 02/02 02/07 02/09
03/01 02/09 02/14 02/16 02/22 02/23
03/15 02/23 02/28 03/02 03/07 03/09
04/05 03/16 03/21 03/23 03/28 03/30
04/19 03/30 04/04 04/06 04/11 04/13
05/03 04/13 04/18 04/20 04/25 04/27
05/17 04/27 05/02 05/04 05/09 05/11
06/07 05/18 05/23 05/25 05/31 06/01
06/21 06/01 06/06 06/08 06/13 06/15
07/05 06/15 06/20 06/22 06/27 06/29
07/19 06/29 *07/05 07/06 07/11 07/13
08/02 07/13 07/18 07/20 07/25 07/27
08/16 07/27 08/01 08/03 08/08 08/10
09/06 08/17 08/22 08/24 08/29 08/31
09/20 08/31 *09/06 09/07 09/12 09/14
10/04 09/14 09/19 09/21 09/26 09/28
10/18 09/28 10/03 10/05 10/10 10/12
11/01 10/12 10/17 10/19 10/24 10/26
11/15 10/26 10/31 11/02 11/07 11/09
12/06 11/16 11/21 11/23 11/28 11/30
12/20 11/30 12/05 12/07 12/12 12/14
*Holiday
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Procedure for Selection of Mayor Pro Tem
The procedure for selection of the Mayor Pro Tem, pursuant to Resolution No. 6320, Charter
Sections 305 and 306, shall be as follows:
1. At the City Council meeting following any general or special municipal election at which
any Councilmember is installed, or as soon thereafter as the results of the election are
certified,the Council shall elect a Mayor and a Mayor Pro Tem. In non-election years,
the selection of Mayor and Mayor Pro Tem shall be made at the first regular meeting
held in December.
2. The Mayor and Mayor Pro Tem shall serve terms of one year.
3. The member of the Council serving as Mayor Pro Tem shall become the Mayor upon the
expiration of the seated Mayor's term.
4. The member of the Council having the longest consecutive City Council service shall
become the Mayor Pro Tem.
a) In the event that two Councilmembers have the same length of service,then the
member who received the greatest number of votes in the last Council election in
which such member was elected shall become Mayor Pro Tem.
b) If any member declines his/her term as it arises in rotation,that member shall
remain in the same place in the rotation cycle as if he/she had served.
c) Any Councilmember who has served as Mayor within the last four years will not be
eligible for election as Mayor Pro Tem.
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Code of Ethics
In October 1993, the City Council adopted a City Code of Ethics by ordinance and resolution that
would set a standard of conduct for all elected officials, officers, employees, and members of
advisory boards, commissions, and committees of the City of Huntington Beach.
The most recent revision to the Code of Ethics was approved in November 2016. Resolution No.
2016-73 requires that the City Council, City Departments, and all boards, commissions and
committees are to formally review the Code of Ethics with their members on an annual basis. In
January of each year, the Mayor presents the Code of Ethics to the City Council, and "directs the City
Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council,
City Manager, Chairpersons, and City Department Directors for their review and distribution as
required by Resolution No. 2016-73."(1)
The Council also finds that "Any official found to be in violation of the Code of Ethics may be subject
to censure by the City Council. Any member of an advisory board, commission or committee found
to be in violation may be subject to dismissal. In the case of an employee, appropriate action shall
be taken by the City Manager or by an authorized designee."(2)
MResolution 2016-73
P)Resolution Nos. 6524 (10/93); 6540 (11/93)
586
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council, adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• I understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
• I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
- I promote consistency, equity and non-discrimination in public agency decision-making.
I make decisions based on the merits of an issue, including research and facts.
I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and
others.
I am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
• Itake responsibility for my actions, even when it is uncomfortable to do so.
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGEMENT OF RECEIPT FORM
Name
Title
Board/Department
Date
Signature
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Required Trainings for Council Members
AB 1234— Ethics; AB 1661 — Sexual Harassment Prevention
Ethics Training
In addition to the City Code of Ethics, effective January 1, 2016, each local official of cities,
counties, and special districts in California are mandated by state law to receive at least two
hours of training in general ethics principles and ethics laws relevant to his or her public service
every two years.
The City Attorney's Office runs training sessions in compliance with the requirements of AB 1234
approximately every six months. An online training program by FPPC on a cost-free basis can be
accessed via their website at http://www.fppc.co.gov/learn/public-officials-and-employees-rules-
/ethics-training.html. The Institute of Local Government (ILG) also offers two one-hour self-study
exercises (https://www.ca-ilp.orglethics-education-and-training-ab-1234) as an option for local
officials to satisfy AB 1234 requirements.
Sexual Harassment Prevention Training and Education
State law requires all city officials in California to complete at least 2-hours of sexual harassment
prevention training and education if the local agency provides any type of compensation, salary,
or stipend to those officials. This training content includes federal and state statutes outlawing
sexual harassment, solutions available to victims, and "practical examples"to teach officials how
to prevent sexual harassment, discrimination, and retaliation in the workplace.
Thus, City Council member must receive training within the first six months of taking office and
renew at least once every two years. Attendance to this training is aligned with the City's
commitment to preventing inappropriate conduct at all times and creating a work environment
that is safe, respectful, and free of any types of harassment, discrimination and retaliation.
See Administrative Regulation 412 (attached)for more details.
Training and/or education may be offered internally through the City Attorney's Office, or by ILG,
nonprofits, or commercial organizations -- please consult with the City Clerk's office. Costs
related to attend such trainings can be reimbursed by the City.
NOTE: When these trainings are finished,you must print the Certification of Completion (both)
provided at the end of such trainings and submit a copy of the certificate to the City Clerk in a
timely manner.
These laws require the City Clerk to retain training records for five (5) years minimum as these
public records are subject to disclosure under the California Public Records Act, as specified.
591
•�� ADMINISTRATIVE REGULATION
HUMINGiON BEACH
Office of the City Administrator
Number: 412
Sections: 1-8
Effective Date: March 1, 1991
Revised Date: October 5, 1999
March 21, 2005
SUBJECT: Harassment in Employment Policy
1. Purpose:
1.1 To establish a City policy regarding the prohibition of harassment in the
workplace and/or while engaged in any activity on behalf of the City of
Huntington Beach.
1.2 To fully inform all elected officials, officers, members of advisory boards,
commissions and committees of the City of Huntington Beach, employees,
department heads, managers, supervisors ,of the City, that any form of
harassment in the workplace will not be tolerated or condoned.
1.3 To inform,elected officials, officers, members of advisory boards, commissions
and committees of the City of Huntington Beach and all City employees of their
rights if they believe they have been a victim of harassment and,
1.4 To provide a means for prompt reporting and a full and effective investigation of
all complaints and provide for remedial action against those who engage in
harassment as prohibited by this regulation.
2. Authority:
Section 401, Huntington Beach Charter. City of Huntington Beach Code of Ethics.
Title Vll of the United States Civil Rights Act. Guidelines of the Equal Employment
Opportunity Commission and the California Fair Employment and Housing Act
Commission (Government Code subsection 12900-12940 et. seq..Fair Employment and
Housing Act). '
State of California Department of Fair Employment and Housing Commission
28 Civic Center Plaza, Room 538
Santa Ana, CA 92701-4010
(714) 558-4159 -
3. Application:
This regulation applies to all elected officials, members of advisory boards,
commissions and committees of the City of Huntington Beach and all departments, and
employees of the City of Huntington Beach.
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Administrative Regulation Page 2
Office of the City Administrator
4. Definition of Harassment. Harassment includes, but is not limited to:
4.1 Verbal Harassment — Epithets, derogatory comments, slurs and lewd
propositioning on the basis of race, religious creed, color, national origin,
ancestry, disability, medical conditions, marital status, sex, sexual orientation, or
age. Examples include, but are not limited to, inappropriate sexually-oriented
comments on appearance, including dress or physical features, or race-oriented
stories and jokes.
4.2 Physical Harassment - Assault, impeding or blocking movement, or any physical
interference with normal work or movement when directed at an individual on the
basis of race, religious creed, color, national origin, ancestry, disability, medical
conditions, marital status, sex, sexual orientation, or age. Examples include, but
are not limited to, pinching, grabbing, patting, propositioning, leering, or making
explicit or implied job threats or promises in return for submission to physical
acts.
4.3 Visual Forms of Harassment— Derogatory posters, notices, bulletins, cartoons or
drawings on the basis of race, religious creed, color, national origin, ancestry,
disability, medical conditions, marital status, sex, sexual orientation, or age.
4.4 Sexual Favors — Unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature which is conditioned upon an
employment benefit, unreasonably interferes with an individual's work
performance or creates an offensive work environment. By definition, sexual
harassment is not within the course and scope of an individual's appointment
and/or employment with the City of Huntington Beactr:
4.5 Definition of Employee - An employee shall be defined as any individual,
regardless of classification, employed by the City of Huntington Beach, person
providing services pursuant to a contract, or volunteers working under the
supervision of the City.
5. Policy:
Harassment of an applicant or employee by an elected official, officer,- member of
advisory boards, commissions and committees of the City of Huntington Beach,
management employee, supervisor or co-worker on the basis of race, religious creed,
color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual
orientation, or age is prohibited and will not be tolerated.
This policy applies to all terms and conditions of employment,.including but not.limited
to hiring, .placement,, promotion, disciplinary action, layoff, recall, transfer, leave of
absence, training opportunities, and compensation. The policy also applies to outside
contractors, customers, and constituents.
AR412
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Administrative Regulation Page 3
Office of the City Administrator
Employees who violate this Policy will be subject to disciplinary action, up to and
including termination from employment. Any official found to be in violation of this
Policy may be subject to censure by the City Council. Any member of an advisory
board, commission, or committee found to be in violation of this Policy may be subject
to dismissal from appointment.
6. Responsibility:
The City Administrator, department heads and their designated representatives shall be
responsible for implementation of this policy against harassment in the workplace.
A copy of this Policy shall be provided to all elected officials, officers, members of
advisory. boards, commissions and committees of the City of Huntington Beach and all
City employees.
A copy of the information sheet on sexual harassment prepared by the Department of
Fair Employment and Housing is available to all elected officials, officers, members of
advisory boards, commissions and committees of the City of Huntington Beach and all
City employees upon request.
The Human Resources Manager shall make available upon request information from
the Department of Fair Employment and Housing and the . Equal Employment
Opportunity .Commission about filing claims of discriminatory harassment with these
entities..
A copy.of this Policy shall appear in any publication,which sets forth the comprehensive
rules, regulations, procedures, and standard of conduct for employees.
All City officials, officers, members of advisory boards, commissions and committees of
the City of Huntington Beach and all City employees shall receive periodic training on
this Policy.
Supervisors and manager shall take corrective action up to and including
recommending termination from employment, if they learn of a subordinate employee
who is violating this Policy.
7. Complaint Procedure:
An employee who has been harassed on the job should inform his/her employer, its
agents or supervisors or the Human Resources Manager of the alleged harassment.
The employee may first notify any of the following persons: his/her supervisor, his/her
department head, the City Administrator. These officials will treat the. complaint
confidentially-and immediately forward any written complaint to the Human Resources
Manager for investigation and action.
AR412
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Administrative Regulation Page 4
Office of the City Administrator
To accommodate the unique nature of harassment complaints, a process is provided for
.the primary purpose of resolution of a complaint at the earliest possible date. Elements
of this process are as listed below.
Upon notification of a complaint, the Human Resources Manager will:
7.1 Inform the complainant of his/her right to initiate a complaint.
7.2 Notify the appropriate department head of the complainant and authorize the
investigation of the complaint and supervise and/or investigate the complaint. All
investigations should be conducted as confidentially as possible and will include
interviews with:
A. The complainant.
B. The alleged harasser.
C. Any other persons the Human Resources Manager has reason to believe have
relevant knowledge concerning the complainant, such as witnesses and victims
of similar conduct.
D. Review factual information gathered through the investigation to determine
whether the alleged conduct constitutes harassment, giving consideration to all
factual information including the nature of the verbal, physical, visual or sexual
circumstances surrounding the conduct and the circumstances in which the
alleged incidents occurred.
7.3 Report the results of the investigation and the determination, as to whether
harassment occurred to appropriate persons including the complainant, the alleged
harasser, the supervisor, department head, and the City Administrator.
7.4 If it is determined that harassment occurred, recommend to the appointing
authority the appropriate disciplinary and remedial action to be taken. The
appropriate action will be commensurate with the severity of the offense and will be
communicated to the compiainant/victim.
7.5 Reasonable steps will be taken to protect the victim and other potential victims
from further harassment.
7.6 Reasonable steps will be taken to protect the victim from any retaliation, as a result
of communicating the complainant.
7.7 Appropriate action will be taken to remedy the victim's loss, if any, which resulted
from the harassment.
AR412
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Administrative Regulation Page 5
Office of the City Administrator
8. Dissemination of Policy: This Policy will be disseminated to all elected officials, officers,
members of advisory boards, commissions and committees of the City of Huntington
Beach and all managers, supervisors, and employees.
I have read and understand the Harassment in Employment Policy, AR 412. 1
understand that harassment in the workplace.on the basis .of race, religious creed,
color, national origin, ancestry, disability, medical conditions, marital status, sex,
sexual orientation, or age will. not be tolerated by the City of Huntington Beach.
Date:
(Signed)
Printed Name:
Penelolfe Culbreth-Graft, City Administrator
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raj- ADMINISTRATIVE REGULATION
City of Huntington Beach
Number AR 509
Sections 1 -4
Effective Date May 3, 2021
Responsible Dept. City Manager's Office
Review Date May 3, 2021
SUBJECT: Social Media Policy for Elected and Appointed Officials
1. Purpose and Application:
The City of Huntington Beach regards social media as a useful tool to communicate and engage
with its citizens. The purpose of this policy is to establish a formal process for the use of social
media by individual elected and appointed City officials.
2. Authority:
Charter of the City of Huntington Beach, Section 401.
3. Definitions:
3.1 Elected Official: Any individual elected to serve the City through a vote of Huntington
Beach residents, including the Mayor, City Council Members, the City Attorney, the City
Clerk, and the City Treasurer.
3.2 Appointed Official: Any City representative appointed by the City Council, including but not
limited to the City Manager, City Commissioners, City Board Members, City Task Force
Members, or any other individual appointed to serve in any official capacity for the City by
the City Council.
3.3 Social Media: Internet-enabled applications and web sites that are used to share
information and enables users to provide feedback.
3.4 Third Party System: Any social media platform maintained by another entity. This
includes but is not limited to Twitter, Facebook, Instagram, Next Door, Tik Tok, WordPress,
and Google.
3.5 Packingham v. North Carolina: The United States Supreme Court decision that prescribed
social media platforms as "the modern public square," and that such social media
platforms afford users with the opportunity to "petition their elected representatives and
otherwise engage with them in a direct manner."
AR 509- Social Media Policy for Elected and Appointed Officials Page 1
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3.6 Official Social Media Account: Any social media account owned by any Elected Official or
Appointed Official that is used to routinely promote, discuss, carry out, or reference City
related business and /or activities. Any such Official Social Media Account is considered
to be a public forum, subject to First Amendment requirements. Further, content posted on
Official Social Media Accounts are considered to be a public record subject to the
provisions of the California Public Records Act.
3.7 Code of Ethics: A pledge adopted by the City Council on November 21, 2016, that
establishes a standard of ethical behavior to which the City's elected and appointed
officials aspire to abide by.
4. Policy:
4.1 Per"Packingham v. North Carolina," and subsequent court decisions, any Elected or
Appointed Official who utilizes a social media account to promote, discuss, carry out, or
reference City related business and /or activities may have created an Official Social
Media Account, which is considered to be a public forum where Elected and Appointed
Officials must abide by First Amendment requirements.
4.2 To that end, content posted by Elected or Appointed Official to any Official Social Media
Account is subject to the following provisions:
4.2.1 Elected and Appointed Officials are prohibited from blocking anyone attempting to
access the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.2 Elected and Appointed Officials are prohibited from deleting any comments on
the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.3 Such content may be considered to be an official public record, subject to the
provisions of the California Public Records Act.
4.2.4 All provisions related to the Ralph M. Brown Act apply to Official Social Media
Accounts.
4.3 Deviations from Section 4.2 of this Policy, as it relates to content which can be removed
from an Official Social Media Account, are allowable in the following instances:
4.3.1 Comments not related to the topic being discussed in a post.
4.3.2 Profane language.
4.3.3 Discriminatory comments.
4.3.4 Solicitations of commerce.
4.3.5 Sexual content, or links to sexual content.
AR 509—Social Media Policy for Elected Officials Page 2
599
4.3.6 Encouragement of illegal activity.
4,17 Information that could compromise the safety or security of the public,
4,3,8 Content that violates a legal ownership of any party.
4.4 Content posted on the Official Social is Account of any Elected or Appointed Official
should be made in compliance with the City of Huntington Beach Code of Ethics(Exhibit
A).
4.5 It is the Elected and Appointed Official's responsibility to ensure compliance with this
policy.
"--Travis Hopkins, Assistant City Managerm
Michael Gates, City Attorney
Approved As to Form
Oliver Chi, City Wa�nager
AR 509-dial Media Policy itr d Oftals Page 3
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EXHIBIT A
City of Huntington Beach
Code of Ethics
l ..
Cityof Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible,fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly,the Huntington
Beach City Council,adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders,city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On the City Council of the Clty of Huntington Beach adopted a Code of
Ethics,which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
I understand that the community expects me to servewith dignity and respect,aswell
as bean agent of the democratic process.
tavoid actions that might cause the public to question my independent judgment.
- I do not use my oft ice or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
promote consistency,equity and non-discrimination in public agency decisior>-making.
make decisions based on the merits of an issue, including research and facts.
• Iencourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
Itreat my fellow city officials,staff,commission members and the public with patience,
courtesy, civility,and respect,even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials,staff,commission members,boards,the public and
others.
• I am prepared to make decisions when necessary for the public's best interest,whether
those decisions are popular or not.
• I take responsibility for my actions,even when it is uncomfortable to do so.
AP 509—Social Media Policy for Elected Officials Page 4
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Statewide Ballot Propositions
The City Council shall take no stand, either pro or con, with respect to any statewide ballot
proposition. (Resolution 4344— 10/76)
Appeal of Planning Decisions
A City Council member may appeal a decision of the director, Design Review Board,
Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning
Administrator. The appeal shall be processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed for an appeal. (HBZSO §248.28)
The City Council member appealing the decision is not disqualified by that action from
participating in the appeal hearing and the deliberations nor from voting as a member of the
reviewing body. (HBZSO §248.28)
The time limit for filing the appeal is ten (10) calendar days after the decision. The appeal must
specify in detail the reasons for the appeal, and the hearing is limited to the specific reasons.
Guidelines for Councilpersons representing the
City at conferences or other such meetings
At any conference or other such meeting where the City is represented by one or more
members of the City Council,the following guidelines shall be followed per Resolution 4366-
12/76:
1. Whenever possible, Councilpersons shall represent the City as "instructed delegates by
majority vote of the City Council."
2. In the event no prior instructions or directions have been given, a poll shall be taken of the
delegates attending such conference, or other such meeting, so that any vote or action
taken by such Councilpersons shall reflect the wishes of a majority of delegates.
3. In the event no prior instructions or directions have been given delegates, or in the event
that the City of Huntington Beach is not represented at a conference or other such meeting,
but the matter at issue is one on which the Orange County League of Cities has taken a
stand concurred in by the City of Huntington Beach,the City Council shall be bound by the
action taken on such issue by the Orange County League of Cities.
Additional guidelines include:
4. Members of the Council should avoid discussion or comment on the City matters at
conferences or other such meetings or on social media, other than as part of the
scheduled program. Discussions where 4 or more City Councilmembers are present could
603
inadvertently create a "serial meeting" of a majority of the members of the Council in
violation of the Brown Act.
5. Each Councilmember has a travel budget used for expenses when attending conferences
or training. The Council's Administrative Assistant can verify each year the amount
budgeted for travel, and guidelines for use of funds can be found in Resolution No. 2006-
79 (attached). A per diem allowance is available for each full day of out-of-town travel to
a conference or training, and/or on official business authorized by the Council. If/when a
Councilmember depletes allocated travel funds, additional travel may be funded by
another Councilmember who still has travel funds available.
6. If any more than 3 Councilmembers want to attend the same conference, then seniority
would determine who attends. Seniority is determined by the Councilmember position
with the Mayor having first right of refusal and the immediate past Mayor placed at the
bottom of the list.
604
RESOLUTION NO. 2006-79
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A BUSINESS
EXPENSE POLICY FOR ELECTED AND APPOINTED OFFICIALS
WHEREAS, AB 1234 mandates the adoption of a business expense policy for elected
and appointed officials; and
The City Council desires to establish an expense policy, as authorized by City Charter
Section 401 and Minute Action of the City Council, for all elected and appointed officials of the
City who attend approved meetings, schools, conferences,training programs, and seminars,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Business Expense Policy shall be as follows:
BUSINESS EXPENSE POLICY:
1. POLICY
La. This policy shall apply to all elected and appointed officials of the City.
Lb. The City Administrator and / or the Director of Finance shall be responsible for
the proper administration of this policy for all elected/ appointed officials.
l.c. Any exceptions from this policy must have prior written approval of the City
Council.
2. ALLOWED EXPENSES. Whenever possible, group rates shall be used.
2.1 Registration
2.1.a. Approved schools and training exercises specifically related to the functions and
responsibilities of the elected/appointed official in his/her present job classification.
2.1.b. Approved participation in meetings that provide specific job-related information
or input for City programs.
2.1.c. Approved participation in meetings that affect department or City programs so
that the value to the City warrants attendance.
2.1.d. Attendance at non-budgeted meetings may be granted at the expense of the
elected/appointed official provided the above criteria are met.
2.1.e. Registration fees normally payable in advance shall be obtained through the
regular requisition and purchasing process.
06-606/4957 1
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Kesoiuzion i4a . cuuo- iv
2.2 Travel
2.2.a. Expense for local transportation shall be allowed when necessary to conduct City
business.
2.2.b. Air travel at coach fare by the most direct route. Air transportation costs normally
payable in advance shall be obtained through the regular requisition and purchasing process.
2.2.c. Car rental shall have prior approval by Administration and a City discount credit
card shall be used.
2.2.d. Personal cars may be used, with prior approval of Administration, at the amount
per mile as allowed by the most recent Internal Revenue Service Allowance, or the equivalent
amount of round trip air coach by the most direct route for one passenger, whichever is the lesser
amount.
2.2.e. Travel time, when allowed, will be based on the most cost-effective mode of
travel. The approving authority shall make such determination.
2.3 Lod in
2.3.a. Lodging shall be obtained at the single room rate or at government rates when
available. Government rates shall be requested on all lodging reservations.
2.3.b. Rates shall not be higher than any special rate offered for the meeting location.
2.3.c. Whenever practical, lodging shall be arranged and paid for by the City.
2.4. Miscellaneous Allowable Fees and Costs
2.4.a. Telephone expense shall be allowed for City business only.
2.4.b. Costs necessary for school or meeting supplies which cannot be obtained by the
City prior to such school or meeting.
2.4.c. Costs of miscellaneous items may be allowed when it is specifically shown that
such items were necessary to conduct City business.
2.4.d. All additional charges incurred shall be at the expense of the attending elected /
appointed official.
3. PER DIEM ALLOWANCE
3.1.a. Per Diem will be allowed in lieu of A detailed accounting of expenses: This will
ordinarily be forty-five dollars ($45) for each full day during the travel period.' On official
business authorized by the City Council, Councilmembers shall be allowed, in lieu of detailed
accounting, a per diem of fifty dollars ($50). It is recognized that certain cities (e.g. New York)
are "high cost" areas. Accordingly, a supplemental allowance of up to twenty dollars ($20) per
06-606/4957 2
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day for a total of sixty-five dollars ($65) may be allowed if approved by the City Administrator
in advance. Per diem for the following cities shall be as indicated: New York $65; Washington
D.C. $65; San Francisco $65;Monterey$55, Palm Springs $55.
3.1.b. The per diem requirements shall be 1) for days actually spent on City business; 2)
for programmed days of a conference meeting, and 3) for time spent in travel (limited to the
shortest travel time available).
3.1.c. Separate reimbursement will not be made for items identified as being covered by
the per diem allowance. Per diem expense will include, but not be limited to, the following
items:
1) Meals purchased during the inclusive dates of the trip.
2) Tips and gratuities of reasonable amounts for meals, hotels and
transportation purposes.
3) Miscellaneous items of expense otherwise unclassified will be included in
this category. Personal items and entertainment, unless such entertainment is necessary to
conduct City business, will be included under this category and will not be reimbursed if in
excess of per diem allowance.
4) Exceptions: Per diem allowance will not apply to official travel for
meetings, conferences and conventions which: a) do not require an overnight or out-of-town
attendance; b) takes place within the County of Orange limits; and c) one day meetings,
conferences and conventions which are within commuting distance will not be allowed per diem
allowance but will be subject to reimbursement based on reasonable, actual and itemized
expenses for purposes listed in this paragraph.
4. ADVANCES.
Request for advances should be submitted for approval at least ten (10) days prior to departure.
The approving authority may grant one hundred percent (100%) of the approved estimate of
expenses. Advances shall be paid in accordance with procedures established by the Finance
Director. In no case shall any money be advanced for expenses to be incurred by any person
other than the authorized elected/ appointed official.
5. RECORDS
Records of expenses as outlined above shall be maintained on a City form. . The elected
appointed official shall provide itemized expense receipts on prescribed forms for the following:
5.1.a. All travel for which tickets must be purchased, lodging, parking; all meals; all
other expenses for which receipts can be obtained.
5.1.b. Date, amount, purpose and reason for failure to furnish receipt(s) shall itemize all
expenses for which receipts cannot be obtained.
5.1.c. All expenses, with or without accompanying receipt, shall be reported on the
appropriate City form, approved for such purposes. Expense reports shall be submitted to the
approving authority within ten (10) working days upon return. Any elected / appointed official
who fails to comply with this provision shall forfeit his/her right to future advances.
06-606/4957 3
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5.1.d. The elected / appointed officials shall be responsible for all personal record
keeping which may be necessary to meet Internal Revenue Service requirements relative to his or
her taxes.
5.Le. Elected / appointed officials shall comply with this policy and insure that all
requests are approved in advance and proper reports and receipts are submitted.
6. * BROWN ACT MEETINGS
Elected / appointed officials shall report on any Brown Act meeting attended at the expense of
the City/Agency at the next regular meeting of the legislative body.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 t h day of December. , 20 06 -
r
REVIEWED AND APPROVED: JPPROVED,
AS TO FORM:
ity Ad nistrator y Attorney /6t—
T IATED AND APPROVED::ity Attorne
06-606/4957 4
608
Res. No. 2006-79
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at an regular meeting thereof held on the 18th day of December, 2006 by the
following vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Verk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California
609
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e
610
Appointments to Boards, Commissions and Committees
When a vacancy occurs for any reason on any board or agency over which Council has
power to fill by appointment, subject to the provisions of the Maddy Act (Government Code
§ 54970),the following procedure shall be used to fill such vacancy:
1. On or before December 31 of each year, the City Clerk shall prepare and bring
before Council for approval the Maddy Act Local Appointments List(attached), that
alerts citizens of vacancies scheduled to occur on regular and ongoing boards,
commissions and committees appointed by Council in the following year.
2. The Local Appointments List will be published and remain on the City's website for
the entire year, and shall also be posted at bulletin board locations accessible to the
public.
3. When an unscheduled vacancy occurs, a special Notice of Vacancy (NOV) shall be
published and posted not earlier than twenty (20) days before, or not later than
twenty (20) days after,the vacancy occurs. A final appointment shall not be made
for at least ten (10) working days after a posting of vacancy. If Council finds that an
emergency exists, it may fill the vacancy immediately provided that the person
appointed shall serve only on an acting basis until the final appointment is made.
4. The Council shall, as soon as is reasonably possible, fill any such vacancies, but
nothing herein shall be construed to limit its choice to a person who has submitted
an application, as outlined above.
Based on applications received per each board, commission or committee, Council and staff
liaisons will work together to evaluate each applicant's qualifications, and put forth a
recommendation to the City Council for approval.
611
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City of Huntington Beach
LOCAL APPOINTMENTS LIST - 2022
Opportunity for Public Service on
City Boards, Commissions, Committees
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCUR/NG IN CALENDAR YEAR 2022
This list is prepared to inform members of the community of opportunities to serve on City boards,
commissions, committees, and to invite applications from interested parties per Chapter 11,
Section 54970, Part 1, Division 2, Title 5 of the California Government Code.
Please note that the following information pertains to openings that will be available in 2022 because
of expiration of members' terms. Very often during the year there will be openings on boards,
commissions and committees because members resign. These openings are posted separately at
the Civic Center and Huntington Central Library, and are listed on the city's website at:
hftps://www.huntingtonbeachca.goy/ciovernment/boards commissions/notice of vacancies.cfm.
Applications for public service on a City Board, Commission, Committee can be accessed here:
https:Hhuntingtonbeachca.gov/government/boards commissions/.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
2000 Main Street, 2"d Floor
714-536-5227
612
(Ad-hoc Committee with Individual Council Appointees: See Notices of Vacancies for Potential
Openings)
Current Appointee Date of Appointment Appointed By
Cynthia Benton 10-05-2021 Rhonda Bolton
Casey McKeon 09-21-2021 Erik Peterson
Scott Miller 10-19-2021 Dan Kalmick
Damon Mircheff 10-05-2021 Natalie Moser
Leonie Mulvihill 09-21-2021 Kim Carr
Charles Ray 09-21-2021 Mike Posey
Dianne Thompson 10-05-2021 Barbara Delgleize
Mission/Purpose: Charter Revision Committees periodically review the City Charter and
potentially recommend amendments to improve the structure, transparency, and efficacy of City
operations. Amendments should reflect the systems, culture, and needs of the community as
they evolve over time.
Members and Appointments: The Charter Revision Committee includes seven members who are
individually appointed by a City Councilmember. Each member's term also coincides with the term
of their appointing Council Member. This is an ad-hoc committee formed by Council action and
may be disbanded once its mission/purpose are achieved. Committee Members
Meeting Dates and Times: The Charter Revision Committee meets the second and fourth
Thursday of each month at 6:00 p.m. in Room B-7 of the Civic Center; additional meetings may
be scheduled, as necessary. All meetings are open to the public, and special meetings may be
called in conformance with the Ralph M. Brown Act. Staff support is provided by the City
Manager's Office at (714) 536-5553.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach. Basic knowledge about the City Charter and the revision process is
desirable.
Vacancies: In the event a member retires or is unable to complete his /her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
613
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
David Gins, Chair 12-21-2020 Natalie Moser
Karla Tucker, Vice Chair 01-06-2019 Kim Carr
David Cicerone 01-18-2017 Erik Peterson
Michael Elliott 02-19-2019 Kim Carr
Jaclyn Ferlita 03-01-2020 Mike Posey
Cory Johnson 12-21-2020 Dan Kalmick
Quang Nguyen 01-18-2017 Barbara Delgleize
Alex Schlosser 07-06-2015 Mike Posey
Steven Shepherd 01-19-2021 Dan Kalmick
Stacy Taylor 02-01-2021 Barbara Delgleize
John Villa 11-16-2021 Rhonda Bolton
Mission/Purpose: The mission of the CIAB/Public Works Commission is to review and make
recommendations related to Public Works capital improvement projects and programs. In 2021,
the City Council voted in favor of consolidating the Citizens' Infrastructure Advisory Board,
Beautification, Landscape, and Trees (BLT) Committee, and the Public Works Commission.
Members and Appointments: All current members of the Citizens Infrastructure Advisory
Board (CIAB) and Public Works Commission members in good standing will continue to serve
until their terms sunsets. The Commission will thereafter consist of seven (7) members made
by direct appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Members may have no interest in any contract with the City, either during their term or for a
period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service. Appointments to this board must file
California Form 700 - "Statement of Economic Interests."
Meeting Times and Dates: The CIAB/Public Works Commission holds regular monthly
meetings on the third Wednesday of each month at 5:00 PM at the Utilities Yard located on
19021 Huntington Street. All meetings are open to the public and special meetings may be
called in conformance with the Ralph M. Brown Act. Staff support is provided by the Public
Works Department at (714) 375-5055.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach with special interest, training, and/or experience in the field of Public Works.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
'Pending City Council approval on 1212112021.
614
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Peter Andres 02-01-2017 Barbara Delgleize
Parna Ghosh 01-01-2021 Dan Kalmick
Gigi Jackson 08-01-2020 Kim Carr
Macey Lachman 01-01-2021 Natalie Moser
Mike Massie 01-01-2020 Erik Peterson
VACANT TBD Rhonda Bolton
VACANT TBD Mike Posey
Mission/Purpose: The mission of the Citizens Participation Advisory Board (CPAB) is to review
and submit recommendations to City Council on allocations for Community Development Block
Grant (CDBG) funds.
Members and Appointments: The CPAB includes seven members made by direct appointment of
each City Councilmember to a term that coincides with the City Councilmember's term.
Meeting Dates and Times: The CPAB holds regular meetings January through March, per a
schedule determined annually. Meetings begin at 6:00 p.m. in Room B-8 of the Civic Center;
additional meetings may be required depending on the number of grant applications received or
as other issues arise. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by Community Enhancement
at (714) 536-5470.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach; members shall have an interest in assessing the needs of the community,
particularly that of low- and moderate-income households. Low-income and disadvantaged
persons are encouraged to apply.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
615
Y
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Pat Burns 01-21-2021 Erik Peterson
Laura Costelloe 12-21-2020 Natalie Moser
Dr. Richard Harrison 10-19-2021 Dan Kalmick
Lisa Kemmerer 12-17-2018 Kim Carr
Janis Mantini 12-13-2017 Barbara Delgleize
Elaine Parker 09-03-2019 Library Board of Trustee
Rev. James Pike 05-18-2020 Mike Posey
Faith Vogel 04-06-2009 Library Board of Trustee
Mission/Purpose: The mission of the Community and Library Services Commission is to make
recommendations to City Council on matters relating to development, acquisition, and renovation
of parks, beach, libraries, and recreational facilities. In 2021, the City Council voted in favor of
consolidating the Community Services Commission and the Library Board.
Members and Appointments: All current members of the Community Services Commission
and the Library Board members in good standing will continue to serve until their terms sunsets.
The Commission will thereafter consist of seven (7) members made by direct appointment of
each City Councilmember to a term that coincides with the City Councilmember's term.
The Commission cooperates with other governmental agencies and civic groups in the
advancement of sound parks, recreational planning, and library services under the direction of
the City Council. Commissioners study, report and interpret the needs of the public to the City
Council, including conducting public meetings to garner community input on projects and facilities.
The Commission reviews the annual Capital Improvement Projects budget as presented to the
City Council and advises them on the current needs and long-range plans.
Meeting Dates and Times: The Commission meets regularly on the second Wednesday of each
month at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, CA. All
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the Community and Library Services Department
at (714) 536-5486.
Necessary Requirements: Must be a U.S. citizen and elector/resident of the City of Huntington
Beach; interested in recreational programming, development of parks and the operation and
conduct of City libraries
Vacancies: In the event a member retires or is unable to complete their term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please
visit the Notice of Vacancies webpage.
"Pending City Council approval on 1212112021.
616
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Kathie Schey, October 2012 June 2025
Historic Resources Board Rep.
Connie Mandic, August 2021 December 2022
Planning Commission Rep.
Jeffery Dahl November 2016 July 2023
At-Large Member
VACANT Pending CC Appointment N/A
At-Large Member
VACANT Pending CC Appointment N/A
At-Large Member
Mission/Purpose: The Design Review Board (DRB) assists the Community Development
Director, Zoning Administrator, and Planning Commission in reviewing development plans and
architectural drawings within designated geographic areas of the City, makes recommendations
and may impose conditions or modifications on projects reviewed.
Specifically, the DRB reviews design, colors and materials for projects located within Specific
Plan Areas, and areas designated by City Council, City facilities or projects abutting or adjoining
City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and General Plan
primary and secondary entry nodes. This process ensures that the aesthetic values of the
adopted Urban Design Guidelines are implemented through high quality architectural style,
superior landscaping and compatibility of design with surrounding properties.
Members and Appointments: The DRB is comprised of five members: one Planning
Commission member, one Historic Resources Board member, and three at-large members that are
recommended by two Council liaisons, and appointed by a majority of the City Council. At-large
members serve four-year terms.
Appointments to this board must file California Form 700 - "Statement of Economic Interests."
Meeting Dates and Times: The DRB meets regularly on the second Thursday of each month
at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. All meetings are open to the
public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff
support is provided by the Community Development Department at (714) 536-5271.
Necessary Requirements: Must be a U.S. citizen and a elector/ resident of the City of
Huntington Beach; interested in guiding, encouraging and promoting the maintenance of
harmonious, compatible, attractive and aesthetic developments within special and unique areas
of the City. Members must have training, education or work experience in design-related fields
including, but not limited to, architecture, landscaping, art, urban/environmental design and
aesthetics.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies please visit the Notice of Vacancies webpage.
7 7a� .air
617
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Tony Soriano, Chair 10-21-2019 06-30-2023
Bud Benneman, Vice-Chair 10-21-2019 06-30-2023
KC Fockler 10-21-2019 06-30-2023
Kathleen McGowan 10-21-2019 06-30-2023
Joan Siegal 10-21-2019 06-30-2023
Mission/Purpose: The Environmental & Sustainability Board has the duty to provide advice and
monitor the City's comprehensive Sustainability Master Plan that incorporates water and energy
conservation, resource recovery/waste management, renewable/recycle products, air quality,
mobility and other pertinent issues that affect the overall sustainability of Huntington Beach.
Members and Appointments: The Board consists of seven (7) voting members including five
individuals that are recommended by two Council liaisons and appointed by the City Council, and
plus two City Council liaisons. The City Council liaisons shall serve as chair and vice chair of the
Board.
Meeting Dates and Times: The Board meets regularly on the second Wednesday of the
month at 6:00 pm in Room B-8, Lower Level of City Hall. All meetings are open to the public.
Staff support is provided by the Community Development Department at (714) 536-5271.
Necessary Requirements: Must be a U.S. citizen and elector/resident of the City of Huntington
Beach; have a general interest in the environment and protecting its quality, state and federal
environmental legislation and its impact upon the community, energy conservation, and solid
waste disposal.
Vacancies: In the event a member retires or is unable to complete his/her term, an appointment
shall be made to fill the remainder of the unexpired term. For current vacancies, check out
the Notice of Vacancies page.
'Pending City Council approval on 1212112021.
618
I1r1tVCE C ?M [SStQt
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Frank Lo Grasso 12-04-2017 Erik Peterson
Jamie Craver 12-23-2020 Natalie Moser
Stephanie Gledhill 01-22-2019 Kim Carr
Janet Michels 09-07-2021 Rhonda Bolton
Lawrence Owen 03-02-2020 Barbara Delgleize
Robert Sternberg 12-14-2020 Dan Kalmick
Tony Strickland 09-21-2021 Mike Posey
Mission/Purpose: The purpose of the Finance Commission is to act in an advisory capacity to
the City Council in matters pertaining to financial planning, specifically:
• Mid-Year Budget Review & Budget Kickoff
• Year End Audit, Single Audit, and new GASB Standards Review
• CIP & Infrastructure Calculation Review
• Adopted Budget Review
• Investment Update & Debt and Refinancing Opportunities
• Year-End Review
Members and Appointments: The Commission includes seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Meeting Dates and Times: The Finance Commission holds regular meetings on the fourth
Wednesday of every other month (6x per year) at 5:00 PM in Meeting Rooms B-7/ B-8 of City
Hall. All meetings are open to the public, and special meetings may be called in conformance with
the Ralph M. Brown Act. Staff support is provided by the Finance Department at (714) 536-5630.
Note: Appointments to this board must file California Form 700 - "Statement of Economic
Interests."
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his/ her term, an
appointment shall be made to fill the remainder of the unexpired term. For current vacancies,
check out the Notice of Vacancies page.
619
EXEC
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Andi Hamamoto-Kowal March 2011 TBD upon reappointment
Pat Love TBD upon reappointment
Karen Pedersen December 2002 TBD upon reappointment
Linda Virks December 2008 TBD upon reappointment
Chris Young December 2008 TBD upon reappointment
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
VACANT TBD 12/31/2025
Mission/Purpose: The Fourth of July Executive Board assists in the production of the Fourth of
July Parade and festivities.
Members and Appointments: The Board shall consist of nine to fifteen members,
recommended for appointment by two City Council liaisons, and approved by a majority of the
City Council. The Executive Board serves as an advisory body to the City Council, implementing
policy as set by the City Council, and shall work with staff and volunteers to assist in
coordinating the City's annual Fourth of July parade (fundraising, coordination and presentation
of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run, and
related entertainment).
Meeting Dates and Times: The Board meets monthly on the 1st Wednesday at 6:00 pm year-
round, with two meetings in May and weekly or as-needed meetings in June. All meetings are
open to the public, and special meetings may be called in conformance with the Ralph M. Brown
Act. Staff support is provided by the Community and Library Services Department at (714) 536-
5486.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach. Preferred candidates will have experience in one or more of the following
areas: fundraising, event planning, public relations, marketing, and volunteer coordination.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
620
Mint
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
William (Bill) Larkin, Chair 3-04-2019 12-31-2022
Michael (Mike) Vanvoorhis, Vice Chair 3-04-2019 12/31/2024
Kimberley Milligan 3-04-2019 12-31-2022
Chris Nielsen 3-16-2020 12-31-2022
Craig Schauppner 3-04-2019 12-31-2022
Van Vu* 12-21-2021 12-31-2024
Diane Wood* 12-21-2021 12-31-2024
*Pending CC Appointment approval on 1212112021
Mission/Purpose: The Harbor Commission serves in an advisory capacity to the City Council in
all matters related to Huntington Beach Harbor, its beaches, facilities, and parks. The Commission
advises the City Council about waterway safety, general infrastructure (e.g. seawalls, pier
headlines, bulkheads etc.), water quality and Municipal Code amendments.
The Harbor Commission also cooperates with other governmental agencies and civic groups for
the advancement of the Huntington Harbor and recreational planning under the direction of the City
Council.
Members and Appointments: The Commission shall consist of seven (7) members,
recommended for appointment by two City Council liaisons, and approved by a majority of the City
Council.
Meeting Dates and Times: The Commission meets on the fourth Thursday of each month at 5:00
p.m. in meeting Room B-8 on the Lower Level of the Civic Center, 2000 Main Street, Huntington
Beach, CA. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by the Fire Department at
(714) 536-5411. Staff support is provided by Fire Chief Scott Haberle, Fire Division Chief Eric
McCoy and Senior Administrative Analyst Kevin Justen.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
621
HISTORIC RESOURCES BOARD
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Kathie Schey, Chair 7-01-2021 6-30-2025
Amory Hanson 7-01-2021 6-30-2025
Susan Nguyen 7-01-2021 6-30-2025
Joe Santiago 7-01-2019 6-30-2023
Dave Wentworth, Sr. 7-01-2019 6-30-2023
Duane Wentworth 7-01-2021 6-30-2025
Mark Zambrano 7-01-2021 6-30-2025
Mission/Purpose: The purpose of the Historic Resources Board is to encourage and promote
programs and activities that enhance public awareness of historic resources. The Board shall
serve as an advisory body to City Council, as well as a liaison to Council for local, state and federal
groups and agencies whose interest involves historic issues.
Members and Appointments: The Board includes not less than seven (7) nor more than nine (9)
members, recommended for appointment by two City Council liaisons, and approved by a majority
of the City Council.
Meeting Dates and Times: The Board meets as needed on the 3rd Wednesday of each month at
5:00 p.m. in Room B-7 (lower level) of Civic Center. All meetings are open to the public, and
special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is
provided by the Community and Library Services Department at (714) 960-8836.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach; preferably general interest in local history.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
622
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
V.C. Rhone, Chair 12-18-2017 12-31-2023
Chris Hoff, Vice Chair 03-15-2021 12-31-2025
Debbi Parrott, Secretary 03-15-2021 12-31-2023
Antonio Benitez 01-21-2020 12-31-2025
Teresa Carlisle 01-21-2020 12-31-2023
Elaine Keeley 10-05-2021 12-31-2025
Hemesh Patel 01-21-2020 12-31-2025
Jonathan Smith 10-05-2021 12-31-2023
Timothy Stuart 01-21-2020 12-31-2023
Mission/Purpose: The Human Relations Committee's mission is to inspire and promote mutual
understanding, respect, safety, and the wellbeing of all in our community through education and
engagement.
Members and Appointment: The Committee shall consist of nine (9) members recommended
for appointment by two City Council liaisons, and approved by a majority of the City Council.
The Committee sponsors community events through the year and serves as a resource to the
community in promoting human dignity and cooperation.
Meeting Dates and Times: The Human Relations Committee meets monthly on the 2"d Tuesday
of each month at 6:45 p.m. at Huntington Beach City Hall, Lower Level Meeting Room B-7. All
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the City Manager's Office at (714) 536-5910.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach; interested in promoting cultural diversity and inclusion efforts within the
community. Fundraising and public information work experience is beneficial.
Vacancies: In the event a member retires or is unable to complete his/ her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
623
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Syndia Attardo, Chair December 2018 Kim Carr
Scott Dowds December 2014 Barbara Delgleize
Mark Ellett April 2017 Erik Peterson
Sean Heymann December 2020 Dan Kalmick
Dennis Kelly December 2020 Natalie Moser
Rita Pitcher September 2020 Mike Posey
VACANT TBD Rhonda Bolton
Mission/Purpose: The purpose of the Investment Advisory Board (IAB) is to act in an advisory
capacity to the City Treasurer and the City Council in matters pertaining to the financial planning
and the City's investments as per Municipal Code Chapter 2.109.
Members and Appointments: The IAB currently consists of seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Meeting Dates and Times: The IAB meets on a quarterly basis (January, April, July, October)
on the third Thursday of the month at 6:00 PM via ZOOM teleconference. All ZOOM meetings
are open to the public, and special meetings may be called in conformance with the Ralph M.
Brown Act. Staff support is provided by the City Treasurer's Office at (714) 536-5200.
Necessary Requirements: Must be a U.S. citizen and elector/resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
624
JET N�itIS� '' ,h. ...,.
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Jeff Morin, Chair 2-04-2019 12-31-2022
Phillip Burtis, Vice Chair 2-04-2019 12-31-2022
Keith Bohr 2-04-2019 12-31-2022
Michael Bourgeault 2-04-2019 12-31-2022
Christopher Kunze 2-04-2019 12-31-2022
David Porter 2-04-2019 12-31-2022
Mario Tabernig 2-04-2019 12-31-2022
Mission/Purpose: The Jet Noise Commission (JNC) was formed to monitor issues related to
jet noise from commercial aviation traffic flying over the City. The Commission acts as an
advisory body to the Council on matters pertaining to jet noise from commercial aviation traffic
over the City and engages with neighboring cities, regulatory bodies, airlines, and staff
regarding the impact of air traffic activities on the quality of life in Huntington Beach.
Members and Appointments: The JNC shall consist of seven at-large members recommended
by two Council liaisons, and appointed by a majority of the City Council.
Meeting Dates and Times: The JNC holds regular monthly meetings, generally on the fourth
Monday at 5:30 PM in B-7 of the lower level of City Hall or via Zoom. All meetings are open to the
public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff
support is provided by the City Manager's Office at (714) 536-5202.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach. Members shall hold no paid office or employment in the City government
while serving on the JNC.
Vacancies: In the event a member retires or is unable to complete his / her term, an
appointment shall be made to fill the remainder of the unexpired term. To find out the current
vacancies, please visit the Notice of Vacancies webpage.
625
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Donald Hart, Chair March 2020 August 2024
Terrance Pham, Chair Elect June 2021 August 2025
Mary Jo Baretich October 2020 August 2024
Jerry Bleiweiss October 2020 August 2024
Chris Houser July 2021 August 2025
Allison Plum March 2020 August 2025
Eric Silkenson Mary 2021 August 2025
Vickie Talley July 2021 August 2025
VANCANT TBA August 2024
Mission/Purpose: The Mobile Home Advisory Board (MHAB) ensures the quality of life in
mobile home parks and to review matters concerning mobile home parks in the City of
Huntington Beach, through healthy communication with park owners, manufactured home
owners and the City Council. The Board acts in an advisory capacity to the City Council on
matters concerning the mobile home community.
Members and Appointments: Nine members, three each as follows: Park representatives,
Resident/Owner representatives, and citizens at-large who have no affiliation or relationship
with mobile home parks. All members are recommended by two Council liaisons and appointed
by a majority of the City Council.
Meeting Dates and Times: The MHAB meets quarterly at 5:00 p.m. on the 4th Monday of the
month in January, April, July, and October at a Civic Center, Lower level B-8 and via Zoom. All
meetings are open to the public, and special meetings may be called in conformance with the
Ralph M. Brown Act. Staff support is provided by the City Manager's Office at (714) 536-5910.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach, except park representative. Depending on type of vacant membership
position, one has to be a mobilehome owner in the City or park representative.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
626
ERSd
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
George Rivera, Chair 6-15-2021 6-30-2023
Cindy Vellucci, Vice-Chair 6-15-2021 6-30-2023
Katherine Elford 1-19-2021 6-30-2022
Dianne Thompson 6-15-2021 6-30-2023
Patricia Quintana 1-19-2021 6-30-2022
Mission/Purpose: The primary focus of the Personnel Commission is employee arbitration
issues. The Commissions function and duties include:
• Hear appeals on grievance matters for final decision except for such matters as may be
submitted to final and binding arbitration;
• Hear appeals from decisions of the City Manager or his/her designee made pursuant to
the employer-employee relations resolution;
• Determine hearing procedures and select hearing officers and advisory arbitrators for
hearings (subject to provisions of the MOU);
• Review impasse matters as provided in the employer employee relations resolution; and
• Perform such other functions as may be prescribed by ordinance or resolution.
Members and Appointments: The Personnel Commission consists of five members, each of
which are recommended by two Council liaisons and appointed by a majority of the City
Council. The members serve a two-year term, and are limited to serve two consecutive terms.
No member shall hold any paid office or employment with City during, or for a period of one year
after terminating service as a member of the Commission.
Meeting Dates and Times: Meetings take place at least quarterly and on an as-needed
basis. All meetings are open to the public, and special meetings may be called in conformance
with the Ralph M. Brown Act. Staff support is provided by Brittany Mello, Administrative
Services Department at (714) 536-5537.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach. Experience with human resources and/or labor law is beneficial.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
627
PLAWNG
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Appointed By
Alan Ray, Chair 04-03-2017 Erik Peterson
Brendon Perkins 01-23-2019 Kim Carr
Kayla Acosta-Galvan 01-12-2021 Dan Kalmick
Ian Adam 10-27-2021 Rhonda Bolton
Connie Mandic 01-13-2015 Mike Posey
Oscar Rodriguez 01-12-2021 Natalie Moser
John Scandura 12-13-2016 Barbara Delgleize
Mission/Purpose: In addition to power and duties specified in the Government Code, the
Planning Commission shall have the power and duties to:
• Recommend to the City Council after a public hearing thereon, the adoption, amendment
or repeal of a master or general plan, or any part thereof, for guidance in the physical
development of the City;
• Exercise such functions with respect to land subdivisions as shall be provided by the
Subdivision Map Act, and by ordinance not inconsistent with the provisions of the Charter;
• Exercise such functions with respect to zoning, building, land use, precise plans, specific
plans, and related matters which may be prescribed by ordinance not inconsistent with the
provisions of the Charter; and
• Perform such other functions not inconsistent with the Charter as may be delegated to it
by the City Council.
Projects typically acted upon by the Planning Commission are major development proposals,
tentative tract maps, zoning map amendments, zoning text amendments, general plan
amendments, and various similar applications.
Members and Appointments: The Planning Commission, a quasi-judicial body that is
empowered by State law and the City Council, consists of seven members made by direct
appointment of each City Councilmember to a term that coincides with the City
Councilmember's term.
Appointments to this board must file California Form 700 - "Statement of Economic Interests."
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 6:00 p.m. in the Council Chambers. Study sessions are frequently
held at 5:15 p.m. prior to the meeting in Council Chambers. All meetings are open to the public,
and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support
is provided by the Community Development at (714) 536-5276.
Necessary Requirements: Must be a U.S. citizen and elector/ resident of the City of
Huntington Beach.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
628
BOAS,,
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Acacia Bartel 09-07-2021 05-31-2022
Luke Blankenbaker 07-20-2020 05-31-2022
Vivian Bui 07-20-2020 05-31-2022
Faith Nguyen 09-07-2021 05-31-2022
Kenady Osborne 07-20-2020 05-31-2022
Colin Parrott 09-07-2021 05-31-2022
Sarah Rizvi 09-07-2021 05-31-2022
Adam Vo 09-07-2021 05-31-2022
Emma Weston 07-20-2020 05-31-2022
Mission/Purpose: The objective of the Huntington Beach Youth Board is to act as a voluntary
advisory board to the Huntington Beach City Council regarding youth achievements, problems
and needs. The board will represent, involve and promote youth participation in community affairs.
Members and Appointments: The Youth Board shall consist of nine (9) members composed
in the following manner: One member each representing four Huntington Beach public high
schools (Edison, Huntington Beach, Marina and Ocean View), and five members chosen from
the community at large. Members at-large are recommended by two Council liaisons and
appointed by a majority of the City Council Members of the Youth Board shall be appointed
annually in June and shall serve a term of one year. After serving they must be reappointed by
the City Council in order to continue serving on the Youth Board.
Meeting Dates and Times: The board meets on the second Monday of each month at 3:30
p.m. in the Community & Library Services Department, 5th Floor, 2000 Main Street, Civic
Center. All meetings are open to the public, and special meetings may be called in
conformance with the Ralph M. Brown Act. Staff support is provided by the Community &
Library Services Department at (714) 374-5312.
Necessary Requirements: Must be enrolled in public schools (grades 8th- 12th) and residents of
the City of Huntington Beach during their service on the board. No board member may be a full
or part-time officer or employee of the City.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. To find out the current vacancies,
please visit the Notice of Vacancies webpage.
629
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630
Statements of Economic Interests - Form 700 Reporting
WThe Political Reform Act(Act)prohibits a public official from using his or her official position to
influence a governmental decision in which he or she has a financial interest. Every state and
local agency must adopt a conflict of interest code that identifies all officials and employees
within the agency who make governmental decisions based on the positions they hold. The
individuals in the designed positions must disclose their financial interests as specified in the
agency's conflict of interest code.
To help identify potential conflicts of interest, the law requires public officials and employees in
designated positions in a conflict of interest code to report their financial interests on a form
called Statement of Economic Interests—Form 700. The conflict of interest codes and the Form
700s are fundamental tools in ensuring that officials are acting in the public's best interest and
not their own.
The Fair Political Practices Commission (FPPC) is the agency responsible to provide public
officials with answers to questions related to the content they report on their Form 700.
Frequently asked questions and other resource information including an online advice system
can be accessed at.http://www.fppc.ca.gov/Form700.html.
The City's Conflict of Interest Code (Resolution No. 2018-58, attached), details provisions, filing
of statements, designation of positions, exclusions, and level of disclosure by category.
All designated filers must file Form 700 information electronically through NetFile,the City's
online portal certified by the FPPC to accept Form 700 and FPPC campaign disclosure
documents. The City Clerk's office administers the NetFile application, and keeps in contact
with all new and existing filers to provide account information, alert filers of deadlines, and
assist them with navigational issues. The filer portal is located at https://netfile.com/Filer/.
Form 700 information is also used by City staff to create a conflict of interest map for each
public official who is responsible to make policy decisions for the City.
iIihttp://www.fppc.ca.gov/learn/rules-on-conflict-of-interest-codes.htmi
631
RESOLUTION NO. 2018-58
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING
ITS CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act(Government Code Section 81000 et seq.) requires
State and local government agencies to adopt and promulgate conflict of interest codes;and
The City of Huntington Beach has adopted a Conflict of Interest Code which has been
amended by various Resolutions; and
The City desires to amend the Code which was most recently amended by Resolution
2014-64;and
The Fair Political Practices Commission has adopted a regulation [2 Cal. Code of Regs.
18730] which contains the terms of a standard Conflict of Interest code, which may be adopted
by local agencies and constitutes the agency's Conflict of Interest Code,
NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves
as follows:
SECTION 1. Regulation Section 18730. The term of 2 California Code of Regulations
Section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incotpotated by reference and attached hereto as Exhibit A. This
regulation, and the attached Exhibit B designating officials and employees and their respective
disclosure categories, and the attached Exhibit C establishing Disclosure Categories, shall
constitute the conflict of interest code of the City of Huntington Beach.
SECTION 2. Filings of Statements. Designated officials and employees shall file their
statements with the City Clerk which will make the statements available for public inspection
and reproduction. [Gov. Code Section 81008.] Statements for all designated officials and
employees will be retained by the City Clerk.
SECTION 3. Designation of Positions. The persons holding the position set forth in
Exhibit B are designated officials and employees. The Council determines that such persons
make or participate in the making of decisions which may foreseeably have a material effect on
any financial interest as defined in Government Code Section 87103.
SECTION 4. Exclusions. This Code shall not apply to:
(a) Public officials specified in Government Code Section 87200,as is or may
be. amended, including, but not limited to, members of the City Council, Planning
Commissioners, the City Manager, City Attorney, City Treasurer, and other public officials who
manage public investments who are required to file Statements of Economic Interests pursuant to
State law;
18-6837/188598 1
632
RESOLUTION NO. 2018-58
(b) Persons required to file Statements of Economic Interests pursuant to
regulations which have been or may be adopted by the Fair Political Practices Commission;
(c) Clerical,secretarial,manual,and ministerial employees.
SECTION 5. Disclosure Required. Designated officials and employees as set forth in
Exhibit B shall file conflict of interest statements listing financial interests as required by the
applicable Disclosure Category for their position set forth in the attached Exhibit"C."
SECTION 6. Disqualification. Designated officials and employees must disqualify
themselves from making or participating in the.making of any decisions which will foreseeably
have a material financial effect, distinguishable from its effect on the public generally, on any
reportable interest of that employee, No designated employee shall be prevented from making or
participating in the making of a decision to the extent his or her participating is legally required
for the decision to be made.
SECTION 7. Manner of Disqualification, A designated employee required to disqualify
himself or herself shall notify his or her supervisor in writing, This notice shall be forwarded to
the City Clerk who shall record the employee's disqualification. Upon receipt of such statement,
the supervisor shall immediately reassign the matter to another employee,
In the case of a designated employee who is a member of a City Board, Commission or
Committee,notice of disqualification shall be given at the meeting during which consideration of
the decision takes place and shall be made part of the official record of said Board, Commission,
or Committee, The member shall then refrain from participating and shall attempt in no way to
use his or her official position to influence any other person with respect to the matter.
SECTION 8. Previous Resolutions Repealed. City Council Resolution 2014-64, 2016-
4E and any other Resolution or provision thereof in conflict herewith is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15 th day of October ,2018.
m
Mayor
REVIE APPROVED: INITIA ED AND APPROVED:
l_ �,,�' 1
L, at,-
City anag r Assistant City Manager
APPROV AS TO FORM:
V..Pity Attorney AW
18-6887/188598 2
633
Resolution 2018-58 Ex. A
(Regulations of the Pair Political Practices Commission,Title 2, Division 6, California
Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes,
(a)incorporation by reference of the terms of this regulation along with the
designation of employees and the formulation of disclosure categories In the Appendix
referred to below constitute the adoption and promulgation of a conflict-of Interest code
within the meaning of Section 87300 or the amendment of a conflict of Interest code
within the meaning of Section 87306 If the terms of this regulation are substituted for
terms of a conflict of interest code already In effect. A code so amended or adopted and
promulgated requires the reporting of reportable Items in a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Sections 81000,at seq .The requirements of a conflict of interest code are in addition to
other requirements of the Political Reform Act, such as the general prohibition against
conflicts of interest contained In Section 87100,and to other state or local laws
pertaining to conflicts of interest.
(b)The terms of a conflict of Interest code amended or adopted and promulgated
pursuant to this regulation are as follows;
(1)Section 1. Definitions.
The definitions contained in the Political Reform Act of 1874, regulations of the
Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments
to the Actor regulations, are Incorporated by reference Into this conflict of Interest code.
(2)Section 2. Designated Employees.
634
The persons holding positions listed In the Appendix are designated employees.
It has been determined that these persons make or particlpate in the making of
decisions which may foreseeably have a material effect on economic Interests.
(3)Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated
employees who are also specified In Section 87200 if they are designated in this code in
that same capacity.or if the geographical jurisdiction of this agency Is the same as or is
wholly included within the jurisdiction In which those persons must report their economic
erests pursuant to arUde'2 of chapter 7 of the Political Reform Act, Sections 87200,
et seq .
In addition, this code does not establish any disclosure obligation'for any
designated employees who are designated in a conflict of interest code for another
agency, if all of the following apply:
(A)The geographical jurisdiction bf this agency is the same as or is wholly
included within'the jurisdiction of-the other agency,
(B)The disclosure assigned In the-code of the other agency-is the same as that
required under article 2 of chapter 7 of the Political Reform Act,Section 87200,and
(C)The filing officer is the same for both agencies.9
Such persons are'covered-by this code for disqualification purposes only. \Mth
respect to ali other designated employees,the disclosure categories set forth in the
Appendix specify which kinds of economic Interests are reportable; Such a designated
employee shall disclose in his or her statement of economic interests those economic
interests he or she has which are of the kind described In the disclosure categories to
635
which he or she is assigned In the Appendix..It has been determined that the economic
interests set forth in a designated employee's disclosure categories are the kinds of
economic interests which he or she foreseeably can affect materially through the
conduct of his or her office,
(4)Section 4,Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct aff designated employees within its code
to file statements of economic Interests-with the agency or with the code reviewing
body, as provided by the code reviewing body in the agency's conflict of interest code.2
(5)Section 5. Statements of Economic Interests:Time of Filing.
(A)Initial Statements.All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the
code reviewing body, shall file statements within 30 days after the effective date of this
code, Thereafter, each person already In a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the effective
date of the amendment.
(B)Assuming Office Statements,All persons assuming designated positions after
the effective date of this code shall file statements within 30 days after assuming the
designated positions, or If subject to State Senate confirmation, 30 days after being
nominated or appointed,
(C)Annual Statements.All designated employees shall file statements no later
than April 1. If a person reports for military service as defined in the Servicemember's
Civil Relief Act, the deadline for the annual statement of economic interests is 30 days
following his-or her return to office, provided the person, or someone authorized to
636
represent the person's interests, notifies the filing officer In writing prior to the applicable
filing deadline that he or she is subject to that federal statute and is unable to meet the
applicable deadline, and provides the filing officer verification of his or her military
status.
(D)Leaving Office Statements.All persons who leave designated positions shall
file statements within 30 days after leaving office.
(5.5)Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of Initial appointment, or within 30 days
of the date of notice provided by the filing officer to file an assuming office statement, Is
not deemed to have assumed office or left office,provided he or she did not matte or
participate in the making of, or use his or her position to influence any decision and did
not receive or become entitled to receive any form of payment as a result of his or her
appointment. Such persons shall not file either an assuming or leaving office statement.
(A)Any person who resigns a position within 30 days of the date of a notice from
the filing officer shall do both of the following:
(1)File a written resignation with the appointing power;and
(2) File a written statement wlth the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or she did not
make, participate in the making, or use the position to influence any decision of the
agency or receive, or become entitled to receive, any form of payment by virtue of being
appointed to the position,
(6)Section 6: Contents of and Period Covered by Statements of Economic
Interests.
637
(A),Contents of initial Statements.
Initial statements shall disclose any reportable investments, interests in real
property and business positions held on the effective date of the code and Income
received during the 12 months prior to the effective date of the code,
(B)Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests
In real property and business positions held on the date of assuming office or,if subject
to State Senate confirmation or appointment, on the date of nomination, and Income
received during the 12 months prior to the date of assuming office or the date of being
appointed or nominated, respectively,
(C)Contents of Annual Statements. Annual statements shall disclose any
reportable investments,Interests in real property, Income and business positions held or
received during the previous calendar year provided, however, that the period covered
by an employee's first annual statement shad begin on the effective date of the code or
the date of assuming office whichever Is later, or for a board or commission member
subject to Section 87302.6, the day after the closing date of the most recent statement
filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements,
Leaving office statements shall disclose reportable investments, Interests in real
property, Income and business positions'held or received during the period between the
closing date of the-last statemeht filed and the date of leaving'of8ce,
(7)Section 7. Manner of Reporting.
638
Statements.of economic Interests shalt be made on forms prescribed by the Fair
Political Practices Commission and supplied by the agency, and shall contain the
following information:
(A)Investment and Real Property Disclosure,
When an investment or an interest in real property3 Is required to be reported,4
the statement shall contain the fallowing:
1.A statement of the nature of the Investment or interest;
2.The name of the business entity in which each investment is held, and a
general description of the business activity In which the business.entity is engaged;
3.The-address or other precise location of the real property;
4.A statement whether the fair market value.of the Investment or interest In real
property equals or exceeds $2,000, exceeds$10,000, exceeds$100,000, or exceeds
$1,000,000.
(B) Personal Income Disclosure,When persona(Income Is required to be
reported,5'the statement shall contain.
1.The name and address of each source of income aggregating$500 or more In
value, or$50 or mare In value If the income was a gift, and a general description of the
business activity,:if any, of each source,
2.A statement whether the aggregate value of income from each source, or in
the case of a loan, the highest amount owed to each source, was$1,000 or less,
greater than$1,000, greater than$10,000, or greater than$100,000;
3.A description of the consideration,if any,for which the Income was received;
639
4. In the case of a gift, the name, address and business activity of the donor and
any intermediary through which the gift was made; a description of the gift;the amount
or value of the gift;and the date on which the gift was received;
5, In the case of a loan, the annual interest-rate and the security,if any, given for
the loan and the term of the loan.
(C)Business Entity Income Disclosure.When income of a business entity,
including Income of a sole proprietorship, is required to be reported,6 the statement
shall contain:
1,The name, address, and a general description of the business activity of the
business entity;
2.The name of every person from whom the business entity received payments
if the filer's pro rata share of gross receipts from such person was equal to or greater
than$10,000.
(D)Business Position Disclosure.When business positions-are required to be
reported, a designated employee shall list-the name and address of each business
entity In which he or she is a director,officer, partner,trustee, employee, or in which he
or she holds any position of management,a description of the business activity in which
the business entity is engaged, and the designated employee's position wi(h the
business entity.
(E)Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement,if an Investment or an interest in real property was partially or
wholly acquired or disposed of during the period covered by the statement,the
statement shall contain the date of acquisition or disposal.
640
(8)Section B. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated-employee of
a state or local government agency,shall accept'any honorarium from any source, If the
member or employee would be required to report the receipt of Income or gifts from that
source on his or her statement of economic Interests.This section shall not apply to any
part-time member of the governing board of any public institution of higher education,
unless the member is also an elected official.
Subdivisions(a), (b), and (c)of Section 89501 shall apply to the prohibitions In
this section.
This section shall not limit or prohibit payments, advances,or reimbursements for
travel and related lodging and subsistence authorized by Section 89606.
(8.1)section 8.1,Prohibition on Receipt of Gifts In Excess of$440.
(A) No member of a state board or commission, and no designated employee of
a state or local government agency,shall accept gifts with a total value of more than
$440 In a calendar year from any single source, If the member or employee would be
required to report the receipt of income or gifts from that source on his or,her statement
of economic interests. This section shall not apply to any part-time member of the
governing board of any public Institution of higher education,unless the member Is also
an elected official.
Subdivisions(e), (0, and(g) of Section 89503 shall apply to the prohibitions in
this section.
(8.2) Section 8.2. Loans to Public Officials.
641
(A)No elected officer of a state or local government agency shall,from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any officer, employee, member, or consultant of the state or local
government agency in which the elected officer holds office or over which the elected
officer's agency has direction and control
(B) No public official who Is exempt from the state civil service system pursuant
to subdivisions (c), (d), (e), (f), and(g)of Section 4 of Article Vil of the Constitution shall,
while he or she holds office, receive a personal loan from any officer, employee,
member, or consultant of the state or local government agency In which the public
official holds office or over which the public official's agency has direction and control,
This subdivision shall not apply to loans made to a public official whose duties are solely
secretarial,clerical,or manual.
(C)No elected officer of a slate or local government agency shall,from the date
of his or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected officer's
agency has direction and control.This subdivision shall riot apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan Is made or the indebtedness created In
the lenders regular-course of business on terms available to members of the-public
without regard to the elected officer's officla!status.
(D)Na public official who is exempt from the state civil service system pursu atit
to subdivisions (c), (d), (e), (f), and(g)of Section 4 of Article VII of the Constitution shall,
642
while he or she holds office, receive a personal loan from any person who has a
contract with the state or local government agency to which that elected officer has
been elected or over which that elected officer's agency has direction and control. This
subdivision shall not apply to loans made by banks or other financial Institutions or to
any indebtedness created as part of a retail Installment or credit card transaction, If the
loan is made or the indebtedness created In the lender's regular course of business on
terms available to members of the public without regard to the elected officer's official
status,This subdivision shall not apply to loans made to a public official whose duties
are solely secretarial, clerical, or manual,
(E)This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for
elective office,
2. Loans made by a public official's spouse, child, parent,grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,nephew, niece,
aunt, uncle,or first cousin, or the spouse of any such persons,provided that the person
making the loan Is not acting as an agent or Intermediary for any person not otherwise
exempted under this section.
3. Loans from a person which, In the aggregate, do'tot exceed five hundred
dollars($600)at any given time.
4. Loans made, or offered in writing, before January 1, 1998,
(8.3)Section 8.3, Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government-agency shall, from the date of his or her election to office through the date
643
he or she vacates office,receive a personal loan of$500 or more, except when the loan
Is in writing and clearly states the terms of the loan,including the parties to the loan
agreement,date of the loan, amount of the loan, term of the loan,date or'dates when
payments shall be due on the loan and the amount of the payments, and the rate of
Interest paid on the loan.
(B)This section shall not apply to the following types of loans,
1. Loans made to the campaign committee of the elected officer.
2, Loans made to the elected officer by his or her spouse, child, parent,
grandparent, grandchild, brother, sister, parent-In-law, brother-In-law,,sister-in-law,
nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided
that the person making the loan is not acting as an agent or intermediary for any person
not otherwise exempted under this section.
S. Loans made, or offered In writing, before January 1, 1998.
(C)Nothing In this section shall exempt any person from any other provision of
Title 9 of the Government Code,
(8.4)Section 8.4. Personal Loans.
(A) Except as set forth in subdivision(B), a personal loan received by any
designated employee shall become a gift to the designated employee for the purposes
of this section in the following circumstances;
1. if the loan has a defined date or dates for repayment, when the statute of
Jim Itations for filing an action for default has expired.
2. If the loan has no defined date or dates:for repayment,when one year has
elapsed from the later of the following;
644
a.The date the loan was made.
b.The date'the last payment of$100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating-
to less than$250 during the previous 12 months.
(B)This section shall not apply to the following types of loans:
1.'A loan made to the campaign committee of an elected officer or a candidate
for elective offlce.
2.A loan that would otherwise not be a gift as defined In this title.
3.A loan that would otherwise be a gift as set forth under subdivision (A), but on
which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on
which the creditor, based on reasonable business considerations, has not undertaken
coilecflon action. Except In a criminal action, a creditor who claims that a loan is not a
gift on the basis of this paragraph has the burden of proving that the decision for not
taking collection action was based on reasonable business considerations.
5:A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged 1p bankruptcy.
(C) Nothing In this section shall exempt any-person from any other provisions of
Title 9 of the Government Code.
(9)Section 9. Disqualification,
No designated employee shall make, participate in making,or In any way attempt
to use his or her official position to.lnfluence the making of any governmental decision
which he or she knows or has reason to know will-have a reasonably foreseeable
645
material financial effect,distinguishable from its effect on the public generally, on the
official or a member of his or her immediate family or on:
(A)Any business entity in which the designated employee has a direct or Indirect
Investment worth $2,000 or more;
(0)Any real property In which the designated employee has a direct or Indirect
interest worth $2,000 or more;
(C)Any source of Income, other than guts'and other than loans by a commercial
lending institution In the regular course of'business on terms available to the public
without regard to official status, aggregating$500 or more in value provided to, received
by or promised to the designated employee within 12 months prior to the time when the
decision is made;
(D)Any business entity in which the designated employee is a director,officer,
partner, trustee, employee, or holds any position of management;or
(E)Any donor of,or any intermediary or agent for a donor of, a gift or gifts
aggregating$440 or more provided to, received by,or promised to the designated
employee within 12 months prior to the time when the decision Is made.
(9.3)Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating In the
making of any decision to the extent his or her participation is-legally required for the
decision to be made.The fact that the vote of a designated employee who is on a voting
body is needed to break a tie does not make his or her pariiclpafion legally required for
purposes of this section.
(9.5) Section 9.5:Disquaitfication of State Officers and Employees.
646
In addition to the general disqualification provisions of section 9, no state
administrative official shall make, participate in making, or use his or her official position
to Influence any governmental decision directly relating to any contract-where the state
administrative official knows or has reason to know that any party to the contract Is a
person with whom the state administrative official, or any member of his or her
immediate family has,within 12 months prior to the time when the official action-is to be
taken:
(A)Engaged In a'businese transaction or transactions on terms not-available to
members of the public, regarding any investment or interest in real property; or
(B) Engaged In a business Iransactlon*or transactions on terms not available to
members of the public regarding the rendering of goods or services totaling in value
$1,000 or more.
(10) Section 10. Disclosure of.Dlsqualifying Interest.
When a designated employee determines that he or she should not make a
governmental decision because he or she has a disqualifying Interest in it, the
determination not to act may be accompanied by disclosure of the disqualifying interest.
(11)Section 11.Assistance of the Commission and Counsel,
Any designated employee who is unsure of his or her duties under this code may
request assistance from the Fair Poliflcat Practices Commission pursuant to 5ectian
83114 and Regulations 18329 and 18329.5 or from the attorney for his qr her agency,
provided that nothing In this section requires the attorney for the agency to issue any
formal-or informal opinion.
(12)Section 92.Violations.
647
This code has the force and effect of law. Designated employees violating any
provision of this code are subject to the administrative,criminal and civil sanctions
provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in
relation to which a.violatlon•of the disqualification provisions of this code or of Section
87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic Interests
under any other agency's conflict of interest code,or under article 2 for a different
jurisdiction, may expand their statement of economic interests to cover reportable
interests In both jurisdictions, and file copies of this expanded statement with both
entities in lieu of filing separate and distinct statements, provided that each copy of such
expanded statement flied in place of an original is signed and verified by the designated
employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons
.In agendes who make and retain copies of statements and forward the originals to the
Ming officer.
3 For the purpose of disclosure only(not disqualification), an interest In real property
does not include the principal residence of the filer,
4 investments and Interests in real propertywhich have a fair market value of less than
$2,000 are not investments and Interests in real property within ft meaning.of the
Political Reform A&However, investments or interests in real property of an individual
Include those held by the Individual's spouse and dependent children as well as a pro
rata share of any investment or interest In real property of any business entity or trust in
648
which the individual, spouse and dependent children own, In the aggregate,a direct,'
Indirect or beneficial Interest of 10 percent or greater.
5 A designated employed!-.Income Includes his or her community property interest in
the Income of his or her spouse but does not include salary or reimbursement for
expenses.received from a state, local or federal government agency.
6 Income of a business entity Is reportable if the direct, Indirect or beneficial Interest of
the filer and the filer's spouse In the business entity aggregates a 10 percent or greater
Interest. In addition,the disclosure of persons who are clients or customers of a
business entity is required only If the clients or customers are within one of the
disclosure categories of the filer.
Note:Authority cited; Section 83112,Government Code, Reference; Sections 87103(e),
87300-87302,89501, 89502 and 89503, Government Code.
HISTORY
1.New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14),
Certificate of Compliance Included.
2. Editorial correction (Register 80, No:29).
3. Amendment of subsection(b)filed 1-9-81; effective thirtieth day thereafter
(Register 81, No, 2).
4.Amendment of subsection (b)(7)(13)1.flied 1-26.83;effective thirtieth day thereafter
(Register 83, No.5y.
5.Amendment of subsection (b)(7)(A)filed 11-10.83;effective thirtieth day thereafter
(Register 83, No.46).
e,Amendment filed 4-13-87;operative 5-13-87 (Register 87, No. 16).
649-
7.Amendment of subsection(b)filed 10-21-88; operative 11-20-88 (Register 88,
No. 46).
8.Amendment of subsections (b)(8)(A)and(b)(8)(B)and numerous editorial changes
filed 8-28-90;operative 9-27-90(Reg.90, No.42),
9.Amendment of subsections(b)(3), (b)(8) and renumbering of following subsections
and amendment of Note filed 8-7-92;operative 9-7-92 (Register 92, No. 32),
10.Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2)filed
2-4-93;operative 2-4-93 (Register 93, No. 6).
11, Change without regulatory effect adopting Conflict of Interest Code for California
Mental Health Planning Council filed 11-22-93 pursuant to title 1.,section 100, California
Code of Regulations(Register 93, No. 48).Approved by Fair Political Practices
Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for
California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94
pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection(b)(8),designation of subsection (b)(8)(A), new
subsection (b)(8)(B), and amendment of subsections(b}(8.1)-(b)(8.I)(t3}, (b)(9)(E)and
Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343,4(d)
(Register 95, No. 11).
15. Editorial correction Inserting Inadvertently omitted language to footnote 4
(Register 96, No. 13).
650
16.Amendment of subsections(b)(8)(A)-(B)and(b)(8.1)(A), repealer of subsection
(b)(8.1)(B), and amendment of subsection(b)(12)filed 10-23.96; operative 10.23.96
pursuant to Government Code section 11343.4(d)(Register 96, No.43).
17.Amendment of subsections(b)(8,1) and(9)(E)feed 4-9-97; operative 4-9-97
pursuant to Government Code section 11343,4(d) (Register 97, No. 15).
18.Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C)and
amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code
section 11343.4(d)(Register 98, No.35).
19. Editorial correction of subsection(a)(Register 98, No. 47).
20,Amendment of subsections(b)(8.1),(b)(8.1)(A)and (b)(9)(E)filed 5-11.99; operative
5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No, 20).
21.Amendment of subsections(b)(8.1)-(b)(8.1)(A} and (b)(9)(E)filed 12-6-2000;
operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2
and Title 2, California Code of Regulations, section 18312(d) and(e) (Register 2000,
No. 49).
22.Amendment of subsections (b)(3)and(b)(10)filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for 81ing pursuant to Fair Political Practices Commission v, Office of
Adminlsfraflve Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, .
nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements)(Register 2001, No.2).
23.Amendment of subsections (b)(7)(A)4., (b)(7)(B)1,-2., (b)(8.2)(E)3,, (b)(9KA)-(C)and
footnote 4.filed 2-13-2001, Submitted to OAL for filing pursuant to Fair Polltical.
Practices Commission v. Office ofAdminktrafive Law, 3 Civil CO10924,California Court
651
of Appeal, Third Appellate District, nonpublished decision,April 27, 1992(FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaktng requirements)
(Register 2001, No. 7).
24.Amendment of subsections(b)(8.I) (b)(8.1)(A)filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Pollftcal Practices Commission v, Offlcs of
Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,
nonpubllshed decision,April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rufemaking requirements) (Register 2003, No.3).
25. Editorial correction of History 24(Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9,5)(B)
(Register.2004, No.-33).
27. Amendment of subsections(b)(2)-(3), (b)(3)(C), (b)(6)(0), (b)(8.1)-(b)(8.1)(A),
(b)(9)(E)and (b)(11)-(12)filed 1-4-2005; operative 1-1-2.005 pursuant to Government
Code section 11343.4(Register2005, No. 1).
28, Amendment of subsection(b)(7)(A)4.filed 10-11-2005;operative 11-10-2005
(Register 2006, No, 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and(b)(9)(E)flied
12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Falr Pollfical Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of
Appeal,Third Appellate District, nonpubilshed.declsion,April 27, 1992(FPPC
regulations only subject td 1974 Administrative Procedure Act ruiemaking requirements)
(Register 2006, No. 51).
652
30.Amendment of subsections (b)(8.1)-(b)(8.1)(A) and(b)(9)(E)filed 10.31-2008;
operative 11-30-2008. Submitted tb CAL for filing pursuant to P'akPoIII/Ca/Practices
Commission v. Once of Administrative Law, 3 Civil C010924, California Court of
Appeal,Third Appellate District, nonpubitshed decision,April 27, 1992(FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking requirements
and not subject to procedural or substantive review by CAL) (Register 2008,No,44).
31, Amendment of section heading and section flied 11.15-2010;operative 12-15.2010,
Submitted to CAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,
nonpub(ished decision, April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by CAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C),
(b)(8,1)-(b)(8.1)(A)and(b)(9)(E)and amendment of footnote 1 filed 1-8-2013;operative
2>7-2013. Submitted to•OAL for filing pursuant to Fair Political Practices Commission v,
Office of.Administrative Law,3 Civil C010924, California Court of Appeal,Third
Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject
to 1974 Administrative Procedure Act rulemaking requirements and not subject to
procedural or substantive review by OAL) (Register 2013, No.2).
653
Resolution 2018-58
EXHIBIT B
DESIGNATED OFFICIALS AND EMPLOYEES
WITH DISCLOSURE CATEGORIES
Job Type Description Category
0089 Admin Analyst Senior 3
0025 Administrative Analyst 5
0078 Assistant City Attorney 1
0132 Assistant City Clerk 1
0592 Assistant City Manager 1
0595 Assistant Fire Marshal 4
0057 Assistant to the City Manager 1
0044 Beach Operations Supervisor 3,4
0064 Budget Analyst Senior 3
0598 Building Manager 1
0112 Buyer 2
0593 Chief Asst City Attorney 1
0518 Chief Financial Officer 1
0479 chief information Officer 1
0016 City Attorney 1
0017 City Clerk 1
0024 City Engineer 1
0591 City Manager 1
0018 City Treasurer 1
0125 Code Enforcement Supervisor 2
0589 Community Development Director 1
0471 Community Relations Officer 2,3
0353 Community Services Manager 1
0258 Community Srvcs Rec Supv 3
0097 Construction Manager 2
0085 Contract Administrator 3,4, 5,6
0081 Deputy City Attorney 1 3,5, 6
0080 Deputy City Attorney it 3,5,6
0079 Deputy City Attorney ill 3,5,6
0699 Deputy Community Prosecutor 3,5,6
0840 Deputy Dir of Community Development 1.
0571 Deputy Dir of Econ Development .1
0486 Detention Administrator 3,4
0014 Director of Community Services 1
0574 Director of Human Resources 1
0007 Director of library Services 1
0010 Director of Public Works 1
0039 Econ Development Proj Mgr 4,5
0580 Energy Project Manager 4,5
0050 Facilities Maint Supervisor 3,4
0879 Finance Manager-Accounting 1
0889 Finance Manager-Budget 1
18-6887/188602
654
0899 Finance Manager-Fiscal Services 1
0869 Finance Manager-Treasury 1
0031 Fire Battalion Chief 4
0015 fire Chief 1
0026 Fire Division Chief 1
-0131 Fire Medical Coordinator 2
0590 Fleet Operations Supervisor 3,4
0581 General Services Manager 1
0006 Human Resources,Manager 1
0499 Senior Information Technology Analyst 3,4
0489 Information Tech Manager-Infrastructure 1
0200 Information Tech Manager-Operations 1
0500 Information Tech Manager-Systems 1
0075 Inspection Manager 1
0073 Inspection Supervisor 3,4
0049 Landscape Maint Supervisor 3,4
0572 Liability Claims Coordinator 6
0030 Maintenance Operations Mgr 1
0032 Marine Safety Division Chief 1
0105 Marine Safety Lieutenant 3,4
0490 Network Systems Administrator 2
0209 Permit&Plan Check Supervisor 3,4
0453 Personnel Analyst 3,6
0060 Personnel Analyst Principal 3,6
0464 Personnel Analyst Senior 3,6
0444 Planning Manager 1
0625 Police Admin Div Srvcs Manager 1
0233 Police Captain 1
0011 Police Chief 1
0022 Police Communications Manager 3,4
0234 Police Lieutenant 3,4
0094 Police Records Administrator 3,4
0096 Principal Civil Engineer 3,4
0072 Principal Electrical Inspector 3,4
0076 Principal Inspector Plb/Meth 3,4
0482 Principal Librarian 3
0579 Project Manager 3
0839 Real Estate&Project Manager 2,5
0054 Risk Manager 1
0110 Senior Accountant 3
0069 Senior Civil Engineer 2,4
0484 Senior Deputy City Attorney 2
0868 Senior Finance Analyst 3
0036 Senior Planner 2,4
0579 Senior Risk Management Analyst 3,6
0575 Senior Supv Cultural Affairs 3,4
0578 Senior Supv Human Services 3,4
0034 Senior Traffic Engineer 2,4
18-6887/188602
655
0457 Special Events Coordinator 2
0488 Street Maint Supervisor 3,4
0133 Supv Parking/Camping Facility 3,4
0333 Senior Trial Counsel 3
0033 Transportation Manager 1
0051 Tree Maintenance Supervisor 3,4
0483 Utilities Manager 1
0487 Wastewater Supervisor 3,4
0052 Water Distribution Supervisor 3,4
0053 Water Production Supervisor 3,4
0056 Water Quality Supervisor 3,4
BOARDS,COMMISSIONS,AND COMMITTEES
City Council 1
Visit Huntington Beach 1
Design Review Board 1
Planning Commission 1
Citizens Infrastructure Board 1
Finance Commission 1
CONSULTANTS
Consultants shall be included in the list of designated officials and employees in
Disclosure Category 1 and shall disclose such interests subject to the following
limitation: The City Manager may determine in writing that a particular consultant,
although a•"designated position,"is hired to perform a range of duties that is limited
In scope and thus is not required to fully comply with the disclosure requirements
described above. Such written determination shall include a description of .
Consultant's duties and,based upon that description,a statement of the extent of
disclosure requirements. The City Manager's determination is a public record and
shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
18-6887/188602
656
Resolution 2:018-58
City OfHIEWiWorLBeach
Coaffief of raterest Code
Disclosure Cutegeries
DISdosure We Broad responsibilities.Pull Disclosure
Persons in this category shall disclose all applicable itnres hneft%business positon% and
sotircos of iacot�,including sMs,loans and travel payments,Pormans ill Vscategory
shalt lbober diaelose applicable interests iv real properly loaafed En the City,fncludi.tig
property located uitbin a two mild radius ofthe City or of atay property owned orusadby
the City,#
X}ISCI6BIIr0 C:AtO�b]•Y�; �E��`!vide Purc�.asing�espattsilyiTiEies
Persom 1ri Vs category shall disclose all applicable investments,business positions,and
income,iachiding loans and gifts,from sources which provide senlces, supplies,
matedalfi,rnachiskery, bx equipmont of the type utilized by the City.`
XD1seJosure categot-y31 llepu-finent/Divis on PurchasingResponsibff ies
persons in this category shall disclose all applicable f-wvst m.anta,bushaoss poshions, and
income,including loans and guts,from sources whioh provide son4ces, supplies,
rnatorials,machinery,or equipment of the type utilized by the designated employee's
d epadmct or divlsim
)2belosnre Cote ory 4, Regulatory Power
Persons in dais catgory shalt disclose all applicable investments,business positions,Wd
ittcam.e,lnclu&g loans siul gifts,from any source which is subject to the regulataLy,
permit,orlic w-fie autbority ofthe designated employee's department or division.
isclosure Ca L, ;, Deeisloit-Maldng Authority A.ffectiag Re$1 ?roperty
Porsous in tWa category shall disclose all,applicablo I'mc stmennts,buslaess posftlons, and
income;fnoJud;ng 1aaus and gifts,from so es t l3ich engage ha Jand drv&.1opment,
Cbnstxucfign,or the acquisition or sale ofzeal property.Persons i!z ibis catcgot'y shall
fuAher.disclose all interests in real property located in the City; slid within a two mile
radius of the City or of suy property owned Qxused by the City.
Dzgcloslurd Cate ory bt_ Decision Kaking Authority AffavOng VJohm aitcfhsr
Insut�t�ce
,14A324/112105 i
657
persons in this category shall disolose all applicable investments,business positions,and
meoni; including loans and gifts, from.'
A) 'Persons or entities Wch provide services, supplies,materials,maefiner),or
equipment of the type utilized by the City.$usillas positions fn."business entities that
wanufaoftwey sell,supply, or promote persolmel traking materials or that off brpersonuel
consuls ng services,and that do business,or expect to do business, wIthin the City.
$) Entities whioh are engaged in.the business of insurance including,but not limited
to,insurance coxnpanics,carriers,holding companies,utndei't Aters,brokers, solioitocs,
agents,adjusters,claim managers and actoailes,
C) 'Financial imstituti onb inaluding,but not limited to,banks, savings and loan
assoeiadons and atdit uniona,
b) Entities or poisons who have filed a olaim,or havo a claim pending,against thq
City which is rm icwed by the designated empioycdo dOPAdment or diYlslon.
$) Tacomo received from in-vestments in,and busimss positions is business entities
tWt OMr, self,or sei�lice group'anedical h�suran ce, giuup life Itrsurance,gr dental
insurance,pmston plans,or that wake in voshments or any wtty:nsnage funds relating
thereto,and that do business, or expect to do business,vrith n the Clty,'�-
XiYselospra Cafe�y 7s_ >�S�astreier�4�.esponSibilitl�
Patrons iri this category shall disclose all applicable ialiestments,business positions,Clod
incoma,including loans and gifts,from{financial instttatioi doing business with or
eligible to do baslucss v,M the CitSr. '
V eanklans
•11Applieable im,estnMafs"relates to i lrestmmts held by the designated employee,
spouse pad dependent cR1drrenvvifh an aggregate vaine of$2,000 or Ploxe,located or
doing business fit the jufisdiotion,It includes juvestmum held by a business onthy or
truat inA ich tho doelgaated employee,spouse and,dependent al ldxOn have as aggregate
intu:cst of 10%or greater,
ieApplIonblebusinesspasifi.tits" Itlatesto Positions inwhiob thedeAspatedemplo}°ee
)-w a dixeotor,officer,partner,trustee, employee-or held any position of managomimt
during the pmiod covered by thf$report,e)rcn if the designated employee rccetVed no
income fromthebusiness exitky diximgthe,period,
I'Appliedble binow0'.includes thr designated employee's gross incotae(includingioans)
'arul the amployeds eommzunxty property interest in.hia or her spouse's Buss itwo=
aggregating$500 or more rmcivod from any souece located ire or doing busdnuss i a the
Im-fidietion.Florio note that loans arc repmlpd on a-separate sohedule.
t4-49241112I05 2
658
"Applicable gift"u1cludes anything of value for w1flah the designated employee has not
provided equal or greater consideration to tho donor.A,gift is reportable If its fair market
value is$50 or more.In addition,multtple gifts agg-mgadng$50 or more received during
the reporting period from a single source must be repotted.Utless otherwise expressly
Xmited in the Disclosure Categorles,glN arc reportable without regard to where ft
donor is located,
„Applicable interest is real property" includes those located in the jutisdictlon is
which the employee,spouse,or dependent oiuldren had a direo�indirect,or beneficial
lnferest aggregating$2,000 or more any lime dining the reporting period.The employee
Is not requhtd to report a reside oo used exclusively as a personal resideuoe.
"Jumsdietion"means the City of Yulttington Beach,Rai propettyy is demmaed to be
"vk idrin tWo jur6diction"ifthe pt-operty or wW pat ofit is located in of within two m0.e3
of the botittdarles of the City or any property ovMed or used by the City,uuiess a smaller
area is specified in the D lseloswe Category.
14-4324A 12105 3
659
Res. No. 2018-58
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 15, 2018 by the following vote:
AYES: O'Connell, Semeta, Peterson, Posey, Qelgleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
City ClerKand ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
660
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661
CONFLICT OF INTEREST MAP
CREATED FOR EACH MEMBER OF THE
CITY COUNCIL
BY THE CITY'S G IS ANALYST
662
n
663
General Rules for Gifts and Honoraria'
$10 Lobbyist Gift Limit: Elected officials, including members of the legislature, and legislative
employees may not accept a gift or gifts totaling more than $10 in a calendar month from any
individual who is registered as a lobbyist under state law. The $10 limit also applies to gifts
received by officials and employees of state agencies if their agency is listed on the registration
statement of the lobbyist's employer or firm.
$520 Gift Limit (Effective January 1, 2021- December 31, 2022): State and local officials and
employees are prohibited from receiving a gift or gifts totaling more than $520 in a calendar year
from certain sources. For elected state officials and many others, the prohibition is applicable to
gifts from any source, although there are exceptions (for example, gifts from family members). For
state and local officials and employees who file Statements of Economic Interests (Form 700s)
under an agency's conflict of interest code, the gift limit is applicable only to individuals and
entities that would have to be disclosed on the Form 700. This gift limit is adjusted for inflation
every odd-numbered year. (Note:Judges are not subject to the Act's gift prohibitions, but are
covered by the Code of Civil Procedure.)
Honoraria: An honorarium is a payment received for making a speech, publishing an article or
attending any public or private conference, convention, meeting, social event, meal or similar
gathering. State and local elected officers and candidates for those offices and all officials holding
positions listed in Government Code Section 87200 are prohibited from receiving honoraria
payments. Likewise, an employee designated under a state or local government agency's conflict
of interest code is prohibited from receiving honoraria payments from any source of gifts or
income the employee is required to report on his or her Statement of Economic Interests (Form
700). Some limited exceptions apply, such as income earned from a bona fide business or
profession.
Exceptions for Travel: Certain payments for travel are excluded from the gift limits and
honoraria prohibition. Refer to the City's travel reimbursement policy guidelines.
Loan Restrictions: Public officials who are required to file Statements of Economic Interests
(Form 700s)or who are exempt employees may not receive any personal loan aggregating more
than $250 from an official, employee, or consultant of, or from anyone who contracts with, their
governmental agencies. In addition, elected officials may not receive any personal loan
aggregating more than $500 from a single lender unless certain terms of the loan are specified in
writing. Under certain circumstances, a personal loan that is not being repaid or is being repaid
below certain amounts may become a gift to the official who received it.
1 Retrieved from California Fair Political Practices Commission
http//www fppc ca gov/learn/public-officials-and-employees-rules-/gifts-and-honororio.htmi. For more information,
please refer to California Government Code Section 89503.
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New Mayor Protocol Handbook
The Mayor is the presiding Officer of the City Council.
The Mayor may make first and second motions and shall have both voice
and vote in all City Council proceedings.
The Mayor is the ceremonial head of the City and shall have the primary, but
not exclusive, duty to interpret the policies, programs, and needs of city
government to the people.
The Mayor may inform the people of any major change in policy or program,
as necessary.
The Mayor may call special meetings of the City Council.
The Mayor may execute contracts on behalf of the City when the contracts
have been approved by the City Council.
The Mayor shall serve in such capacity at the pleasure of the City Council.*
City Charter Sections 303, 305, & 613
Mayor Protocol
Page 1
666
IMMEDIATE ITEMS FOR ACTION
DAIS SEATING ASSIGNMENTS—Mid November
1. Mayor develops the seating chart.
2. In general, protocol calls for the Mayor Pro Tern to sit to the right of the Mayor and the Past
Mayor to the left of the Mayor.The remaining seats are assigned by the Mayor.
3. Final dais seating assignments will be relayed to the City Council Administrative Assistant
and City Clerk.
ARRANGEMENTS FOR OATH OF OFFICE MEETING - 1st Meeting in December
1. Meeting Festivities- Planned by Mayor and City Council Administrative Assistant.
a) Refreshments—Cake, punch, and coffee will be ordered by Administration in recognition
of the incoming and outgoing Mayors
b) Dinner-A light meal is provided by Administration in the Caucus Room
c) Guest Invitations- Handled by the Mayor, as desired
d) Meeting Time—Regular session begins at 6:00 PM (no study session)
e) Council Agenda—May include closed sessions but the primary objective is to maintain a
light agenda to focus on the Oath of Office ceremony.
2. Meeting Agenda
a) Meet with the Community Relations Officer, City Council Administrative Assistant, City
Clerk and outgoing Mayor to review the agenda order of events.
• Incoming Mayor presents a special "Ultimate Surfer" statue to the outgoing Mayor in
appreciation of the Mayor's service
• Outgoing Mayor presents a gavel with a wooden case to the new Mayor
• Gifts, if the Mayor, so chooses are presented by the outgoing Mayor, Council
Members, elected officials (Clerk,Attorney&Treasurer) and City Manager
• Outgoing City Council Members are given the opportunity to speak about the past term.
• Outgoing Mayor gives an end of term speech.
b) Incoming Mayor's Speech will be agendize and will signal the transition between Mayors.
c) Meet with City Clerk regarding Robert's Rules, meeting protocol, etc. (optional)
OFFICE ASSIGNMENTS
1. Relocation to Mayor's Office
a) Personal items to be moved by Mayor, with assistance from staff as requested.
b) Staff will assist in moving other items
c) Notify City Council Administrative Assistant if furniture is to be moved
Mayor Protocol
Page 2 667
2. Assignment of City Council Offices
a) Mayor coordinates office move with incoming Mayor
b) Incoming Mayor coordinates office assignments with new City Council (as needed).
Historically,the Mayor is at the far end on the south side of the fourth floor;the Mayor Pro
Tern is next to the Mayor (#6) and offices#4  are for councilmembers with more
seniority. The offices on the north side of the floor (#1-#3) are for the newer Council
Members.
c) Notify City Council Administrative Assistant of new office assignments
PARKING SPACE
Public Works staff will change parking signs following the swearing-in ceremony, moving the
immediate past Mayor to the end of the row of City Council parking spaces. This protocol is for
the Mayor to have the first space,the Mayor Pro Tern the second and the remainder of the
parking spaces to be assigned based on the anticipated succession to Mayor and Mayor Pro Tern
as described in Resolution #6320.
ASSIGNMENT OF CITY COUNCIL LIAISONS TO ADVISORY BODIES
1. The assignment of City Council Liaisons is conducted annually by the Mayor and is governed by
Resolution 99-83 (adopted 10/4/99). A summary of the process is described below:
a) In early November,the incoming Mayor distributes a memo asking that each City Council
Member advise him/her on the Council liaison assignments that are of interest to them and
for which they will be available.
b) Council responses are to be submitted to the incoming Mayor about mid-November.
c) Based on the requests received,the incoming Mayor will prepare a preliminary list of
assignments.
d) The Mayor's preliminary list of assignments will be distributed to all the City Council
Members and the City Clerk at least one week prior to the City Council meeting at which
the appointments are made.
e) Appointments are approved at the 2nd City Council Meeting in December(see attached
Council Liaison List).
2. In considering these assignments, it should be noted that the Mayor and Mayor Pro Tern are
assigned to the following bodies as prescribed by originating documents:
a) The Mayor or their represents the City at the Orange County City Selection Committee
meetings.
The Mayor, Mayor Pro Tem, and most recent Past Mayor are the prescribed members of the
Economic Development Committee and Downtown EDC. Additionally,the Mayor traditionally
participates in Visit Huntington Beach.
MAYORAL FUNCTIONS
CITY COUNCIL MEETINGS
Mayor Protocol
Page 3 668
1. Presentation of Mayor's HB Excellence Award
The purpose of the Mayor's HB Excellence Award is to recognize outstanding employee
performance.
The award is presented on a monthly basis,typically at the 2°'regular City Council meeting of
month. The only exception is the first meeting in December when the outgoing Mayor recognizes
staff members of their choice.
Presentation of"Making a Difference Award"
The award recognizes selflessness, volunteerism, and exceptional community service, and
applauds the unsung heroes in Huntington Beach. Placing tremendous value on individuals,
businesses, and grou0ps whose good work consistently improves our community, this award
brings attention to the efforts of volunteers who make a positive difference.
2. Presentations at City Council Meetings
• Requests: All requests should be submitted to the Mayor in writing with a copy to the
Community Relations Officer. Presentations may be requested by department heads,
members of the community, or other City Council Members. All requests must be approved
by the Mayor.
• Schedule: Requests should be made a minimum of two weeks prior to the date of the
City Council meeting and should include contact information for the recipient.
• Confirmation of Presentation(s): The final review of presentations is conducted at
Agenda Review (the Monday preceding the City Council meeting at 4:00 PM).
• Presentation: The Mayor is responsible for presenting and receiving all awards at City
Council meetings. The Mayor may invite other City Council Members and/or staff to
participate with him/her as desired
ONGOING MEETINGS
1. Attendance of Mayor/Mayor Pro Tern at Agenda Review Meeting
The purpose of this meeting is to allow the City Manager to review the items scheduled for the
next City Council meeting with the department heads prior to the printing of the final agenda.
Questions regarding specific items or the order of the items may be discussed here. The Mayor
and/or Mayor Pro Tern attend at their discretion.
Schedule: The Monday prior to each City Council Meeting, B-8 or Zoom, 4:00 pm.
2. City Council Meeting Preparation with the City Manager
The purpose of this meeting is to review the agenda packet materials with the City Manager prior
Mayor Protocol
Page 4 669
to the City Council meeting.
Schedule: Occurs sometime between Agenda Packet Delivery and the City Council Meeting
depending on the Mayor's schedule (to be arranged with City Manager).
LEGISLATIVE POSITIONS
The Intergovernmental Relations Committee (IRC) reviews recommendations from staff and other
agencies on the need for the city to take a position on legislation pending before either the State
or Federal governments. Recommendations of the IRC are taken to the City Council for approval.
The Mayor is authorized to send letters stating the city position on the specified legislation on
behalf of the city to the legislators.
When legislation is moving quickly and requires decisive action,the chair of the IRC, with approval
from the Mayor and the City Manager can take a position on behalf of the city. If the Mayor is
unavailable,the Mayor Pro Tern can act on the Mayor's behalf. If the Mayor is a member of the
IRC then the chair of the IRC and the Mayor Pro Tem, and the City Manager would make the
decision. When neither the Mayor nor Mayor Pro Tern is available,the senior most member of the
Council can act on their behalf. This position will subsequently be brought to the IRC and the City
Council.
The IRC is also responsible for preliminary review of the City's funding priorities and for working
with State and Federal legislators and the city's lobbyists to seek funding. To that end,the Mayor
and/or the IRC chair may travel to Washington D.C. and Sacramento each year.
CEREMONIAL FUNCTIONS
Throughout the year,there are a number of ceremonial functions to attend. While the entire City
Council is usually invited to most of these events,the public often anticipates the Mayor's
presence as the ceremonial head of the City. Generally,there are three types of functions:
• City Functions (i.e. opening of new city facilities and employee or volunteer award lunches,
etc.)
• Community Events (i.e. Miss. Huntington Beach Pageant, Chamber of Commerce Ribbon
Cuttings, Boy Scout Eagle meetings, etc.)
• Other Local, County, and Regional Agencies (Functions of the County or special district i.e.
OCTA, etc.)
1. Mayoral Ceremonial Acceptance Protocol
According to the City Charter,the Mayor is the ceremonial head of the city. Therefore,the Mayor
traditionally represents the city at community events and functions. If the Mayor is not able to
attend a particular function,the City Council's Administrative Assistant will utilize the following
order in accepting the invitation:
a) Mayor Pro Tern
Mayor Protocol
Page 5 670
b) Immediate Past Mayor
c) Remaining City Council Members as directed by the Mayor according to interest
2. Mayoral Ceremonial Absence Protocol
If the Mayor accepts an invitation to any of these events, and later finds that he/she is unable to
attend due to sickness or other reasons, staff will utilize the above protocol for identifying a
replacement. The City Council Administrative Assistant will contact the organization hosting the
event and notify them that the Mayor will be unable to attend due to extenuating circumstances.
3. Proclamations, Certificates of Recognition, &Commendations
a) Purpose of Proclamations, Commendations, Recognitions: To recognize citizens, individuals,
or organizations that have provided outstanding service to the community as leaders of
charitable or business associations or are recognized in the community for outstanding
achievements (i.e. Little League champions)
b) Presentation of: Presented by the Mayor at a City Council Meeting, an off-site ceremony, or
mailed
c) Final Draft: Prepared by the Community Relations Officer and City Council Administrative
Assistant prior to signature
d) Signature: Mayor typically signs on behalf of the City Council. At times,the Mayor may
request that the document be signed by the full City Council.
RECOMMENDED INTERGOVERNMENTAL PARTICIPATION
• League of California Cities—The Orange County Division of the Leagues holds monthly
general membership (dinner) meetings. The Mayor and other Council Members have
traditionally been active participants in these meetings as well as the League's committee
structure.
• The City Selection Committee (A Committee of the 34 Orange County Mayors) meets
monthly in conjunction with the League dinners. This committee has responsibility for
decisions relating to the county as a whole and makes appointments to powerful boards
such as the South Coast Air Quality Management District (SCAQMD), the Orange County
Transportation Authority (OCTA), and the Orange County Local Agency Formation
Commission (LAFCO). It is very important for the Mayor or their designee to attend these
meetings.
TERM EXPIRATION ACTIVITIES
• At Mayor's discretion, provide gifts to fellow City Council Members, City Treasurer, City
Clerk, City Attorney, City Manager
• Prepare outgoing "Accomplishments" Speech
• Outgoing Mayor presents gavel to incoming Mayor
Mayor Protocol
Page 6 671
Staff Contact: Community Relations Officer
MAYORAL ACTIVITIES FOR UPCOMING YEAR
APPROVED BY CITY COUNCIL
1. Code of Ethics
In January of each year,the City Council affirms the Council approved Code of Ethics (Code)for all
elected officials, officers, employees and members of advisory boards, commissions, and
committees. The current code requests that all employees and board/commission members sign
an acknowledgement indicating that they received a copy. Specifically,the code states that it
should be reviewed annually by the City Council, as well as by all employees, boards,
commissions, and committees. The Mayor, City Manager, and chairpersons shall be responsible
for accomplishing this review.
Copies of the code, along with the acknowledgement form, will be sent to all department heads,
and board/commission staff liaisons requesting that they review the code with their
employees/members.
EXISTING PRACTICES
1. Board Appreciation or Mayor's Reception
An appreciation reception for the members of the City Council appointed board and commission
members has been held in the past. If it is an informational meeting, staff will prepare the
appropriate notices and publicize the meeting via a press release and directed mailings. This is
optional and has been funded in the past by the City.
2. Meetings with Chairs of Advisory Boards(optional)
Also at the discretion of the Mayor, meetings may be scheduled between the Mayor and the chairs
of each of the city's advisory bodies. Some Mayors have opted to schedule individual/small group
meetings with chairs and/or attend a regular meeting of each of the different citizen boards. If
preferable, a round-table meeting can be scheduled with the chairs as a group.
3. Master Calendar of Events
A master calendar of events is maintained and filed with the Administrative Assistant to the City
Council. The calendar highlights many of the annual events the Mayor and the City Council are
invited to attend or speak at. This calendar is also scheduled on the City Council's Outlook calendar
and is updated frequently to reflect any changes. The Mayor and City Council should decide how
he/she would like to respond to these invitations and advise the Administrative Assistant.
In addition to these, there are other ongoing events such as community service club meetings and
Mayor Protocol
Page 7 672
charitable organization fundraising events. The Mayor should decide how he/she would like to
respond to these invitations and advise the City Council Administrative Assistant.
OFFICE HOURS
It is recommended that regular office hours be established based on availability. This assists staff
in scheduling meetings without the need to contact the Mayor each time a meeting is required.
Consideration should also be given to scheduling a weekly block of time that may be used to meet
with the public or review documents.
RESPONDING TO CITIZEN INQUIRIES
Citizen inquiries are processed through the MyHB online content management system.
RESPONDING TO REQUESTS FOR MEETINGS BY CITIZENS
The following process is currently followed when citizens request meetings with the Mayor and
City Council.
1. Before scheduling a meeting, Administrative staff advises citizen of other available
options, such as:
a) Sending an e-mail or current technology explaining the nature of the issue
b) Speaking directly to the appropriate department staff
If this is not satisfactory to the resident, a meeting is scheduled. The City Council's
Administrative Assistant is directed to notify the department head of the meeting and schedule
the appropriate staff to meet with the resident.
Note: Meetings are not scheduled if the issue involves matters in litigation,when a claim has
been filed against the city, or when a traffic citation has been issued.
SIGNATURE PROTOCOL
1. The Mayor is required to sign the following documents in person:
a) All County, State, and Federal agreements or documents
b) Documents which must be notarized
2. A signature stamp is currently used for the following items: (per City Council Resolution)
a) All other local documents/agreements approved by City Council
3. Other documents signed by the Mayor:
a) Proclamations, etc. - signed by Mayor and/or full City Council
b) Letters to citizens applying for and receiving a board/commission appointment
c) Specific letters relating to Citizen Inquires
d) Letters on Legislative Positions as directed by City Council/Intergovernmental Relations
Mayor Protocol
Page 8 673
CITY OF HUNTINGTON BEACH
2022 COUNCIL LIAISON LIST
CITIZEN BOARDS, COMMISSIONS, AND COMMITTEES
(Citizen Members Appointed by City Council to Four-Year Terms)
Citizen Group ��runcil Liaisons 111000179 A /Piacs k* StaHing1partment
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Y 7,
1. Citizen Infrastructure Advisory Individual Appointments 31d Wed. Monthly, 5:00 PM Public Works
Board/Public Works Commission* Utilities Yard, 19021 Huntington St
2. Citizen Participation Advisory Individual Appointments 1st Thurs. Monthly, 6:00 PM, Community Development
Board (CPAB) City Hall Lower-Level B-8
3. Community& Library Services Individual Appointments 2nd Wed. Monthly, 6:00 PM, Community& Library
Commission* Zoom/City Hall Council Chamber Services
4. Design Review Board (DRB) Kalmick, Peterson 2nd Thurs. Monthly, 3:30 PM, Community Development
City Hall Lower Level, B-8
5. Environmental &Sustainability Kalmick, Moser 2nd Wed. Every other month, 6:00 PM, City Manager's Office
Board* (also served as Chair and Vice City Hall Lower Level, B-8
Chair of the Board)
6. Finance Commission Individual Appointments 4th Wed. Monthly, 5:00 PM Finance
Location varies month to month
(Zoom, B-7/13-8, Caucus Room)
7. Fourth of July Executive Board Moser, Peterson 1st Wed. Monthly, 6:00 PM, Community& Library
Zoom /City Hall Lower-Level B-8 Services
8. Harbor Commission Peterson, Posey 4th Thurs. Monthly, 5:00 PM, Fire
City Hall Lower-Level B-8
9. Historic Resources Board Bolton, Peterson 31d Wed. Monthly, 5:00 PM, Community& Library
City Hall Lower-Level B-7 Services
10. Human Relations Committee Bolton, Moser 2"d Tues. Monthly, 6:45 PM, City Manager's Office
City Hall Lower-Level B-7
11. Investment Advisory Board Individual Appointments 31d Thur. Quarterly(January, April, July, City Treasurer
October), 6:00 PM, Via Zoom
Page 1 of 6 674
2022 Council Liaison List
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12. Jet Noise Commission Bolton, Delgleize 4th Mon. Monthly, 5:30 PM, City Manager's Office
City Hall Lower Level B-7
13. Mobile Home Advisory Board Carr, Kalmick 4th Mon, 5:00 PM City Manager's Office
Quarterly(January, April, July, October),
Zoom/City Hall Lower-Level B-8
14. Personnel Commission*** Carr, Moser 31d Wed. Monthly, 5:30 PM, Administrative Services
City Hall Lower-Level B-8
15. Planning Commission Individual Appointments 2"d&4th Tues. Monthly, 6:00 PM Community Development
City Hall Council Chambers
16. Youth Board Carr, Moser 2nd Mon, Monthly, 3:30 PM (No Meetings— Community& Library
June, July, Aug.) Services
City Hall, 5th Floor Conf. Room
17. Sunset Beach N/A 2n Tues., Monthly, 7:30 PM Community Development
Local Coastal Nobles Family Community Center
Program Review Board****
18. Charter Review Committee Individual Appointments TBD City Manager's Office
(Ad-hoc)
*Pending approval of ordinances on 1212112021.
**Meeting Date/Place is subject to change.
***2-year tern
****The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. This Board is comprised of seven members
initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. The City is in the process of preparing an ordinance to
incorporate the LCPRB in the municipal code.
2 of 6 675
2022 Council Liaison List
CITY OF HUNTINGTON BEACH
COUNCIL COMMITTEES (STANDING)
(Created by City Council Action, consisting of three Council members; subject to the Brown Act)
Council Committee Committee Members Meeting Date/Place" Department
1. Communications Committee Carr, Kalmick, Moser 4th Tues. Monthly, 3:30 PM, City Manager's Office
City Hall 4th Floor, CR#1
2. Economic Development Committee Delgleize, Carr, Posey 2"d Wed., Every Other Month, 3:30 PM, Community Development
(EDC) (Mayor, Mayor Pro Tem, Immediate City Hall Lower Level B8
Past Mayor—prescribed)
3. Intergovernmental Relations Carr, Delgleize, Posey 3rd Wed. Monthly, 4:00 PM, City Manager's Office
Committee (IRC) City Hall 4th Floor, CR#2
4. Oversight Board of the Huntington Posey Twice per year and as needed. 4:30 PM, City Clerk's Office
Beach Successor Agency (Mayor's appointee, two County City Hall Lower Level, Room B-8
Board Supervisors Appointees&
OCSD rep).
5. Smart Cities &Technology Delgleize, Kalmick, Moser As needed, Public Works
Committee TBD
COUNCIL COMMITTEES (AD-HOC)
(Created by City Council Action; not subject to the Brown Act)
Council Committee Committee Members Meeting Date/Place Department
1. Downtown Urban Design Study Carr, Kalmick, Moser As Needed Community Development
(Ad-hoc)
2. Housing/RHNA Committee Bolton, Kalmick, Posey As Needed Community Development
(Ad-hoc)
3. Short Term Rental Committee Bolton, Carr, Delgleize As Needed Community Development
(Ad-hoc)
3 of 6 676
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2022 Council Liaison List
OTHER CITY AND CITIZEN COMMITTEES
(Created by City Council Action; not subject to the Brown Act, Community Meetings w/Roundtable format)
Citizen Group Council Liaisons Meeting pate/Place** Department
1. Specific Events Executive Committee Bolton,Delgleize As needed Community& Library
City Hall Lower Level, Room B-8 Services
2. Homeless Task Force Bolton, Delgleize, Moser 3rd Wednesday, 3:00 p.m., Police Department
City Hall Lower Level B-7
3. Huntington Central Park Collaborative Delgleize, Moser Last Tuesday of the Month, 4:30-6:40 PM Community& Library
City Hall Lower Level Room B-8 Services
4. Oakview Task Force/Community Bolton, Carr, Moser Quarterly, 3rd Thursday of March, June, Community & Library
Meetings September, December, 4:OOPM, Services
Oak View Elementary
5. School District/City Delgleize, Moser 2nd Mon. Quarterly, 3:30 PM, City Manager's Office
City Hall Lower Level B-7
6. Southeast Area Committee Bolton, Carr, Peterson 4th Wed., 4:30 PM, Every two month (Jan. City Manager's Office
March, May, July, September, Nov.)
City Hall Lower Level Room B8 and Zoom
7. Sunset Beach Area Committee Bolton, Delgleize, Peterson As needed, Community Development
City Hall Lower Level Room B-8
COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS
(Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appointees)
Citizen Group Council Liaisons Meeting Date/Place" Department
1. Huntington Beach Council on Aging Carr, Delgleize 15'Thurs, Monthly, 9:00 AM Senior Center Community& Library
(EMG, Room 1) Services
2. Huntington Beach Downtown Business Carr, Moser 2"d Thursday, 9:00 AM, Huntington Beach Community Development
Improvement District(Downtown BID)" Art Center
3. Neighborhood Watch Bolton, Posey 2nd Tues, 6:30 PM (No meeting in July, Police Department
Aug, Dec), Police Dept, 2nd FI. Conf. Room
4. Sister City Association Carr, Peterson 2nd Wednesday, Central Library Community & Library
(Room TBA), 6:00 PM Services
"subject to the Brown Act
4 of 6 677
o— A/C/nnnn A.- MR
2022 Council Liaison List
COMMUNITY & REGIONAL AGENCIES AND COMMITTEES
(Appointed by Mayor)
,010 of.4orl y/Con�nr�tEee Appolnte Meeting Pa * .
1. California Coastal Coalition (CalCoast) Board Bolton, Kalmick 2-3 meetings/year, various places
2. Huntington Beach Chamber of Commerce Kalmick, Posey Quarterly, meeting time varies. Golden West College,
Government Affairs Committee 15744 Golden West St., Admin Bldg. 4-Room137
4. O.C. Council of Governments (OCCOG) Posey, Bolton (Alternate) 4th Thurs, 10:30 AM, Monthly, Irvine City Hall, City Council
Chambers, 1 Civic Center Plaza, Irvine
5. Orange County Power Authority(OCPA) Posey, Kalmick (Alternate) 2"d Tues, 10 AM, Monthly, Virtual Meeting via Zoom
Term: Four(4) years
6. O.C. Sanitation District(OCSD) Carr, Kalmick(Alternate) 4th Wed of every month, 6:00 PM,
Board of Directors Virtual Meeting via Zoom/
(Plus Committee assigned by Chair) OCSD Administrative Office,
$212.50 per meeting 10844 Ellis Ave., Fountain Valley, CA
7. O.C. Mosquito &Vector Control District Posey 3rd Thurs of every month, 3:00 PM.
Board of Trustees Virtual Meeting/OCMVCD Headquarter, 13001 Garden
$100 per meeting Grove Blvd, 92843
8. Santa Ana River Flood Protection Agency Delgleize, Bolton (Alternate) Executive Committee Meetings: 41h Thurs, 4:00 PM, January,
(SARFPA) March, May, July, September Via Zoom
Full Agency Meetings: June, November
9. Southern California Association of Posey, Bolton (Alternate) 1st Thurs, 9:00 AM—2:00 PM
Governments (SCAG) (Whoever is on SCAG is also on Virtual Meeting/ SCAG Office, Downtown L.A.
Regional Council District 64 Delegate* OCCOG)
Term: Two (2) years/$120 per meeting
10. Visit Huntington Beach Delgleize, Moser (Alternate) Monthly, usually Tuesday at 3:30 PM but varies.
Advocacy Committee Virtual Meeting via Zoom/
VHB Office, 155 Fifth Street, Suite 111, Huntington Beach
11. West O.C. Water Board (WOCWB) Kalmick, Moser 3rd Wednesday, 4:00 PM, (January, April, July and October),
$100 per quarterly meeting Utilities Operations Building, 19001 Huntington St.
5 of 6 678
2022 Council Liaison List
APPOINTMENTS BY STATE & REGIONAL AGENCIES
FOR INFORMATIONAL PURPOSES ONLY
Name,Eft'aA r yl Batt �niYkee A."polntmei'
1. Association of California Cities—Orange County(ACC-OC) Board of Directors Delgleize
2. California Commission on Aging Carr(appointed by Speaker Anthony Rendon)
3. City Selection Committee-- Held with League of Cities O.C. Division Meeting Mayor or Council Member designee
(prescribed)
4. League of California Cities —Orange County Division Executive Board Carr
5. League of California Cities—Environmental Quality Board Carr
6. League of California Cities—Housing, Community and Economic Development Policy Committee
(Meetings occur quarterly Jan, Apr, June, &Sept. Thurs.
7. League of California Cities—Public Safety Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
8. League of California Cities—Community Services Policy Committee
(Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs.
9. League of California Cities—Administrative Services Policy Committee
10. League of California Cities -Coastal Cities Group/ Leadership Committee
11. Orange County Transportation Authority (OCTA) Board of Directors Delgleize (as elected by City Selection)
2nd &4th Monday, 9:00 AM,
OCTA Headquarters, 550 S. Main St., Orange, CA Conf. Room 07-08/Zoom
12. OCTA Citizen Advisory Committee Kalmick
13. Orange County Waste Management Commission (OCWMC)
Quarterly-2"d Thursday in March, June, September& December, 2:00 PM
Virtual Meeting via Zoom
14. SCAG - Energy and Environmental Policy Committee Kalmick
15. SCAG—Transportation &Communications Committee
1st Thurs, 10 am, SCAG Offices, Downtown L.A.
16. SCAG—Community, Economic, & Human Development (CEHD) Posey
1st Thurs, 10 am, SCAG Offices, Downtown L.A.
6 of 6 679
o... �icinnnn 4.c'3 MRA
Annual Appointment to the City of Huntington Beach Agencies/Authorities/Corporations
December2029-December2022
There is no remuneration for serving or attending meetings
Huntington Beach Housing Authority Public Financing Authority
Chairperson: Barbara Delgleize Chair: Barbara Delgleize
Vice Chairperson: Mike Posey Vice Chair: Mike Posey
Commissioners Rhonda Bolton, Kim Carr, Dan Kalmick, Directors: Rhonda Bolton, Kim Carr, Dan Kalmick,
Natalie Moser, Erik Peterson Natalie Moser, Erik Peterson
Executive Officer. Sean Joyce Executive Director: Sean Joyce
Authority Treasurer: Alisa Backstrom Authority Treasurer: Alisa Backstrom
Authority Clerk: Robin Estanislau Authority Secretary: Robin Estanislau
Authority Attorney: Michael E. Gates Authority Attorney: Michael E. Gates
Parkina Authority SuccessorAaenev to the Former Redevelopment Agency of
President: Barbara Delgleize the city of Huntington Beach
Vice President: Mike Posey Chairperson: Barbara Delgleize
Vice Chairperson: Mike Posey
Directors: Rhonda Bolton, Kim Garr, Dan Kalmick, Commissioners: Rhonda Bolton, Kim Carr, Dan Kalmick,
Natalie Moser, Erik Peterson Natalie Moser, Erik Peterson
Chief Executive Director: Sean Joyce Executive Director: Sean Joyce
Authority Treasurer: Alisa Backstrom Agency Treasurer: Alisa Backstrom
Authority Secretary: Robin Estanislau Agency Clerk: Robin Estanislau
Legal Advisor: Michael E.Gates General Legal Counsel: Michael E.Gates
680
Moore, Tania
From: Levin, Shannon
Sent: Tuesday, September 6, 2022 8:23 AM
To: supplementalcomm@surfcity-hb.org
Subject: FW: Natalie Moser's Agenda Item No.#34 Establishing Rules of Order for City Council
Business.
Attachments: IMG 0723.JPG
From: larry mcneely<Imwater@yahoo.com>
Sent:Saturday, September 3, 2022 6:29 PM
To:CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Natalie Moser's Agenda Item No.#34 Establishing Rules of Order for City Council Business.
Natalie would have you take away our FREE SPEACH and our First Amendment Right to address our grievances with our
local government. In her"Facilitating public comments: She will "Limit Dialog" the use of"Signs" and "Topics" and
"Distribution of Materials"and what will she will deam "Disorderly Behavior"Taking away our First Amendment Freedoms
and the Right To Free Speach. Our First Amendment gives all of us the right to express our grievances to our Local
Government. Free Speech is Not Limited to Words it includes Signs and Banners. This Agenda Item is ILLEGAL by every
measure and will be contested in the court and public opinion. This will bring needed attention to our community when it
hits the press and the media gets ahold of it, exposing the corruption of this city council for all to see.
Natalie how can you justify this Agenda Item when you have used these same protections to justify your actions and
sign that read RESIST, AGITATE, ORGANISE, and PROTECT and acting Disorderly, when the actions you are trying to
exclude are the very same ones that protected you in your protest. If find that Disengenous and Ironic at best, and a
Double Standard.
The question for you our City Council Members will you support our Constitution that each of you swore to uphold and
our First Amendment Freedoms or side with Natalie Moser and her efforts to Strip Our Rights Away?we will see
Tuesday.
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Moore, Tania
From: Janet Bean <janetbeandesigns@gmail.com>
Sent: Tuesday, September 6, 2022 10:36 AM
To: CITY COUNCIL; supplementalcomm@surfcity-hb.org
Subject: Protecting Free Speech
Natalie Moser is at it again, trying to push her progressive agenda on the citizens of Huntington Beach. Her
recommended action, limits the ability for the citizens that council is supposed to be serving in
voicing their opposition to the actions of the council.
Ms. Moser, if you can't take the heat, get out of the kitchen. You were elected to serve the citizens, not
silence them. If you cannot take the opposition, then you are not worthy of serving this city.
There will be all sorts of legal actions if the council is not smart enough to vote this down. Do you want this
drug though the courts, wasting more of the taxpayers dollars as they do what is in the best interest of the city?
It is clear that Moser is worried about the upcoming election and her progressive cohorts are no longer in the
majority, otherwise she would not be trying to push this through before the upcoming election.
This is a no brainer, it must be a no vote for all if you actually believe in free speech.
Tonight's vote will be a clear indication as to who is in favor of silencing their constituents. November cannot
come fast enough!
Fed Up Citizen,
Janet Bean
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Mwft Date:
1Ager4a ftm No.-—��Y a
Moore, Tania
From: Levin, Shannon
Sent: Tuesday, September 6, 2022 1:22 PM
To: supplementalcomm@surfcity-hb.org
Subject: FW: 9/5/2022 Agenda Item 34
-----Original Message-----
From: Cathey Ryder<the4ryders@gmail.com>
Sent:Tuesday,September 6, 2022 12:36 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: 9/5/2022 Agenda Item 34
Mayor and Council Members,
Over the years, I have attended HB City Council meetings numerous times.Sometimes I am supporting an issue and
sometimes I am vehemently against an issue. But to my knowledge, I have never knowingly disrespected any elected
official,city staff or member of the public in attendance.
Over the past 4-5 years, the level of rancor and disrespect has certainly gotten out of hand. I have even had my hair
pulled and gum rubbed into it while sitting in the audience
I fully support Agenda Item 34. It is time to not silence the public, but to firmly establish a level of decorum and respect
not only to the elected officials and city staff, but also towards HB voters and members of the community who care
enough to attend.
Cathey Ryder
Homeowner and Voter in Huntington Beach since 1985.
Sent from my Whone
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