HomeMy WebLinkAboutProcedure for the Election of Mayor and Mayor Pro Tem ?lGt Oy a 2000 Main Street,
Huntington Beach, CA
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City of Huntington Beach 92648
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File #: 22-1029 MEETING DATE: 12/6/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Estanislau, CMC, City Clerk
VIA: Robin Estanislau, CMC, City Clerk
PREPARED BY: Patty Esparza, CMC, Assistant City Clerk
Subject:
Procedure for the election of Mayor and Mayor Pro Tern
Statement of Issue:
The City Charter provides that at the Council meeting at which any Councilmember is installed
following any general or special municipal election, the City Council shall meet and elect one of its
members as its presiding officer, who shall have the title of Mayor.
The Charter also provides that the City Council shall designate one of its members as Mayor Pro
Tempore, who shall serve in such capacity at the pleasure of the City Council.
To ensure that each Councilmember had the opportunity to serve as Mayor, the City Council adopted
Resolution 6320 and Resolution 2019-09 (Council Manual) establishing a procedure to rotate the
position. Essentially, the Mayor Pro Tem is chosen based upon years of service and number of votes
received by the electorate, and then becomes Mayor the following year. Also, to ensure that repeat
Mayors occur as infrequently as possible, Councilmembers who have served as Mayor during the
previous four years are not eligible for election as Mayor Pro Tem.
Financial Impact:
No Financial Impact
Recommended Action:
A) Follow procedure as established in City Council Resolution No. 6320 and Resolution No. 2019-09
for the election of the next Mayor and Mayor Pro Tem; - OR-
B) Set aside City Council Resolution No. 6320 and Resolution No. 2019-09 and establish different
procedures.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 11/30/2022
poweredl Legistar
File #: 22-1029 MEETING DATE: 12/6/2022
The City Council resolutions are adopted policy, not law, and is binding upon the Council only to the
extent that the Council chooses to follow its own previously established policies.
Environmental Status: None
Strategic Plan Goal: Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 6320
2. Resolution No. 2019-09 - Council Manual
City of Huntington Beach Page 2 of 2 Printed on 11/30/2022
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City Council/Public Financing AGENDA December 6, 2022
Authority
COMMENTS BY CURRENT AND OUTGOING COUNCILMEMBERS
Comments provided by: Peterson, Posey, Carr, Kalmick, Bolton, Moser
CITY CLERK'S REPORT
5. 22-975 Adopted Resolution No. 2022-69 Reciting the Facts of the General Municipal
Election of November 8, 2022, and Declaring Results
Recommended Action:
Adopt Resolution No. 2022-69, "A Resolution of the City Council of the City of Huntington
Beach, California, Reciting the Facts of the General Municipal Election held on November 8,
2022, Declaring the Results and Such Other Matters as Provided by Law."
Approved 7- 0
ADMINISTER OATHS OF OFFICE
6. 22-985 Oath of Office to City Councilmembers
Oath of Office administered by Senator Janet Nguyen to newly elected
officers as follows:
Councilmember Pat Burns
Councilmember Tony Strickland
Councilmember Gracey Van Der Mark
Councilmember Casey McKeon
ROLL CALL
Burns, Bolton, McKeon,Strickland,Van Der Mark, Moser, Kalmick
All present
7. 22-986 Oath of Office to City Attorney
Oath of Office administered by Senator Janet Nguyen to the re-elected City
Attorney, Michael E. Gates
CONDUCT ELECTION OF MAYOR/MAYOR PRO TEMPORE
City Clerk's Office
8. 22-1029 Procedure for the election of Mayor and Mayor Pro Tern
Recommended Action:
A) Follow procedure as established in City Council Resolution No. 6320 and Resolution
No. 2019-09 for the election of the next Mayor and Mayor Pro Tern; - OR-
PrniON
City Council/Public Financing AGENDA December 6, 2022
Authority
B) Set aside City Council Resolution No. 6320 and Resolution No. 2019-09 and establish
different procedures.
Substitute Motion by Bolton, second by Moser to approve Recommended Action "A"
Failed 3-4 (Van Der Mark, Burns, Strickland, McKeon- No)
Motion by Burns, second by Strickland to approve Recommended Action "B"
Passed 4-3 (Bolton, Moser, Kalmick- No)
Motion by McKeon/second by Burns to set aside the City Council Manual and authorize the
Mayor to assign council chambers dais seating, and councilmember office and parking spaces.
Approved 4-3 (Bolton, Moser, Kalmick- No)
9. 22-987 City Clerk called for motion to elect new Mayor
Oath of Office administered by Senator Janet Nguyen to new Mayor,
Tony Strickland
Presentation of gavel by outgoing Mayor Delgleize to new Mayor Strickland
Presentation of gift by Mayor Strickland to outgoing Mayor Delgleize
Mayor Strickland presided
10. 22-988 Mayor Strickland called for motion to elect new Mayor Pro Tempore
Oath of Office administered by Senator Janet Nguyen to new Mayor Pro
Tempore, Gracey Van Der Mark
Mayor Strickland announced the City Council Special Meeting scheduled on Thursday,
December 8, 2022 at 6:00 PM is cancelled due to lack of quorum
INVOCATION
11. 22-1028 Pastor Joe Pedick of Calvary Chapel of the Harbour
MUSICAL TRIBUTE
COUNCILMEMBER ITEMS
**ITEM WITHDRAWN FOR COUNCIL CONSIDERATION**
RESOLUTION NO. 6320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTER 1.04, SECTION 1.04. 12
OF RESOLUTION NO. 6085 - "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
ADOPTING A REVISED COUNCIL MANUAL"
The City Council of the City of Huntington Beach does
hereby amend Chapter 1.04 , Section 1. 04 . 12 of Resolution No.
6085 to read as follows:
CHAPTER 1. 04
Parliamentary Procedure
1 . 04 . 12 Procedure for Selection of the Mayor
and Mayor Pro Tempore
The procedure for selection of the Mayor and Mayor Pro
Tempore, pursuant to Charter Sections 305 and 306, shall be as
follows:
(a) At the City Council meeting following any general or
special municipal election at which any council member is
installed, or as soon thereafter as the results of the
election are certified, the City Council shall elect a
Mayor and a Mayor Pro Tempore. In non-election years, the
selection of Mayor and Mayor Pro Tempore shall be made at
the City Council meeting date closest to the anniversary
date of the selections in the election years.
(b) The Mayor and Mayor Pro Tempore shall serve terms of one
year .
-1- 18
(c) The member of the City Council serving as Mayor Pro Tempore
shall become the Mayor on the expiration of the Mayor' s
term.
(d) The member of the City Council having the longest
consecutive City Council service shall become the Mayor Pro
Tempore.
(1) In the event that two City Council members have the
same length of service, then the member who received
the greatest number of votes in the last Council
election in which such member was elected shall
become Mayor Pro Tempore.
(2) If any member declines his/her term as it arises in
rotation, that member shall remain in the same place
in the rotation cycle as if he/she had served.
(3) Any City Council member who has served as Mayor
within the last four years will not be eligible for
election as May Pro Tempore.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of September , 1991.
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Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney
-2- 19
6320
Res. No. 6320
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 3rd day
of September , 19 91 , by the following vote:
AYES: Councilmembers:
winchell. aLlma,__Green, Kelly. Rrhitai 1 iP, Moulton-Patterson
NOES: Councilmembers:
MacM 11ist r
ABSENT: Councilmembers:
None
21d;%/46i0 r
tity Gierk and ex-offici• Jerk
of the City Council of the City
of Huntington Beach, California
111
20
RESOLUTION NO. 2019-09
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING A
REVISED COUNCIL MANUAL
WHEREAS,on September 20, 1976,the City Council approved a Council Manual by the
adoption of Resolution No. 4330. Amendments to the Council Manual have been approved by
resolution; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
The revised Council Manual attached hereto for the City of Huntington Beach be
adopted.
This Resolution shall take effect immediately upon its adoption by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of March 2019.
Mayor
REVIEWED AND APPROVED INITIATED AND APPROVED
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Ci Mana er City Clerk
APPROVED AS FORM
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Table of Contents
CITY OFHUNTINGTON BEACH INFORMATION
Foreward 4
City Charter 5
Organization Chart—Adopted FY 2018/19 Budget 28
Council Meetings and Parliamentary Procedure 30
The Agenda Process 35
Procedure for Selection of Mayor Pro Tem 38
Code of Ethics 40
Required Trainings(AB 1234 Ethics;AB 1661 Sexual Harassment Prevention) 45
Statewide Ballot Propositions,Appeal of Planning Decisions
Guidelines for Representing the City at Conferences or Other Such Meetings 52
Appointments to Boards,Commissions and Committees 60
Statement of Economic Interests—Form 700 Reporting .72
Conflict of Interest Map 103
General Rules for Gifts and Honoraria 105
New Mayor Protocol Handbook(includes current Council Liaison List) 107
MG 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
PUBLIC TRUST&TRANSPARENCY
The Ethics of Speaking One's Mind
The ABCs of Open Government Laws(Brown Act)
Ethics Law Principles for Public Servants:KevThinnstoKnow
MAKINGDECISwONS
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 ofPmo|ectReview
WORKING WITH Snum"
Board/Executive Staff Communications Strategies
Elected Official Direction toStaff
WORKING mmm 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 tob*Aware nf
Taking the Bite Out ofB|oRs Ethics in[vbenpace
WHEN HAD THINGS HAPPEN
Saving Your Sorry
A Leader's Role When Tragedy Strikes
City of Huntington Beach
r° i 2O00 Main Street ♦ Huntington Beach, C.A.92648
`.� _e (714) 536-52.27 ♦ www.huntingtonbeachca.gov
s.
,�..�• � Foreward
Honorable Mayor and City Council,
On September 20,1976,the Huntington Beach City Council adopted Resolution No.4330,adopting a Council
Manual that provided resource information on a number of processes,duties and responsibilities related to
local government service. The most significant update to the Council Manual occurred in 1989. in recent
years,attempts to update the Council Manual remained unfinished,but in late 2018,the project became a
priority.
In an effort to enhance the experience of our elected officials and provide a wealth of solid,relevant,easily
accessible information,staff is pleased to present the newly revised Council Manual, The Council Manual
begins with items germane to Huntington Beach,and then incorporates a variety of webpage links to public
domain offerings by the Institute for Local Government (ILG). ILG is a nonprofit research and education
affiliate of the League of California Cities and the California State Association of Counties,whose mission is
to promote good government at the local level throughout California. In addition to the linked publications
provided in the Council Manual,videos covering basic Government 101 topics are accessible at www,ca--
ilg.orglpostllocal-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 anytime,and staff will present such
requests in the form of a Resolution for Council approval.
The Council Manual will be loaded on City-issued iPads or personal devices used by Council to review
agenda-related material. Staff will make efforts to keep the Council Manual a convenient size,but realizes
that Councilmembers will define its depth and breadth. Any electronic updates made by staff to City-issued
iPads or personal devices used by Council to review agenda-related material will incorporate any and all
annual or Council-directed revisions made to the Council Manual.
It is our hope that the newly revised Council Manual will assist Council to successfully conduct business in a
prescribed,qualified and ethical manner while representing the citizens of Huntington Beach.
Fred Wilson,City Manager Robin Estanislau,CMC,City Clerk
Page 4
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Page 5
City Charter
Formatting of the original Council Manual adopted in 1976 and revised versions thereafter
outlined language taken directly from the City Charter and referenced section numbers.
This revised Council Manual includes the City Charter in its entirety(attached)as a complete
reference guide that includes the topics outlined in previous versions:
✓ Rules of Office of Councilpersons(Charter§300)
✓ Duties and Limitations of the City Council(Charter§ 301,303,304, 307,308,
311, 313,400,401,403,405,500,602, 603,604,608,610, 615,616)
✓ Duties of the Mayor(Charter§303,305,613)
✓ Duties of the Mayor Pro Tempore(Charter§306)
I Compensation of Councilpersons(Charter§302; HBMC§2.28.010)
Page 6
CITY IUNTINGTON BEACH
City Charter
Incorporated February 17, 1909
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CITY OF HUNTINGTON BEACH
CITY CHARTER
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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 .519/49
Revised 5/1/50
New Charter 2/10/66
Amendments .1/18/71
Amendments 6/5/75
Amendments .12/10/76
Amendments 7/17/78
Amendrnents.,(Consolidation November) 12/9/82
Amendments 12/7/84
Amendments 12/7/90
Amendments _4/22/02
Revised,,......(Certified by the Secretary of State 1/6/11).,..—..._12/6/10
City of Huntington Beach City Charter Page 1 of 20
12/6/10
Page 8
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
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Page 9
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
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Page 10
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
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Page 11
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
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Page 12
notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting
as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted.No other business shall be considered at such meeting. If any person entitled to such written
notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice
requirement shall be considered fulfilled as to any person who is actually present at the meeting at the
time it convenes. In the event of an emergency affecting the public peace,health or safety,a special
meeting may be called as provided in this section with less than twenty-four hours written notice by the
Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the
Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the
meeting.
(c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the
City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire,
flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for
the duration of the emergency at such place within the City as is designated by the Mayor,or,if he should
fail to act,by a majority of the members of the City Council.
(d) Open Meetings.All regular and special meetings of the City Council shall be open and
public,and all persons shall be permitted to attend such meetings,except that the provisions of this
section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council
meetings,no person shall be denied the right to be heard by the City Council.
(e) Dissemination of Information.The City Council shall adopt rules to ensure thorough
and timely dissemination of information via current technology by resolution.
Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER.
(a) Quorum.A majority of the members of the City Council shall constitute a quorum to do
business but a lesser number may adjourn from time to time. In the absence of all the members of the City
Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same
adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by
less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at
least twenty-four hours before the time to which the meeting is adjourned,or such notice may be
dispensed with in the same manner as specified in this Charter for dispensing with notice of special
meetings of the City Council.
(b) Proceedings.The City Council shall judge the qualification of its members as set forth
by the Charter.It shall judge all election returns. Each member of the City Council shall have the power
to administer oaths and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of witnesses,to examine
them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the
name of the City and be attested by the City Clerk.They shall be served and complied with in the same
manner as subpoenas in civil actions. Disobedience of such subpoenas,or the refusal to testify(upon
other than constitutional grounds),shall constitute a misdemeanor,and shall be punishable in the same
manner as violations of this Charter are punishable.The City Council shall have control of all legal
business and proceedings and all property of the legal department,and may employ other attorneys to
take charge of or may contract for any prosecution,litigation or other legal matter or business.
(c) Rules of Order.The City Council shall establish rules for the conduct of its proceedings
and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon
adoption of any ordinance,resolution,or order for payment of money,or upon the demand of any
City of Huntington Beach City Charter Page 6 of 20
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Page 13
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
City's affairs.
(j)Assist and cooperate with the City Manager consistent with Section 403 of the City Charter.
(k) Provide advice related to compliance with the City Charter to all elected and appointed
officials of the City.
Section 310.CITY CLERK. POWERS AND DUTIES.To become and remain eligible for City Clerk,
the person elected or appointed shall have a Bachelor's Degree in business,public administration,or a
related field,and hold a certification as a Municipal Clerk or obtain such certification within the first three
years in office.The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused,and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City Council in records
that shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all ordinances and
resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or
a correct copy,and as to an ordinance requiring publication,stating that the same has been published or
posted in accordance with this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all records in their possession properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the City.
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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.
(j) Assist and cooperate with the City Manager consistent with Section 403 of the City
Charter.
The City Clerk may,subject to the approval of the City Council,appoint such deputy or deputies to assist
them or act for them,at such salaries or compensation as the Council may by ordinance or resolution
prescribe.
Section 311.CITY TREASURER. POWERS AND DUTIES.To become and remain eligible for City
Treasurer,the person elected or appointed shall have a minimum of five years of financial and/or treasury
experience,and have either:
A Master's Degree in accounting,finance,business,or public administration;or
A Bachelor's Degree in accounting, finance,business,or public administration with certification
by the California Municipal Treasurer's Association,or their successor,within three years of election or
appointment.
The City Treasurer shall have the power and shall be required to:
(a) Receive on behalf of the City all taxes,assessments,license fees and other revenues of
the City,or for the collection of which the City is responsible,and receive all taxes or other money
receivable by the City from the County,State or Federal governments,or from any court,or from any
office,department or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City or
any office,department or agency of the City government and deposit or cause to be deposited all funds
coming into their hands in such depository as may be designated by resolution of the City Council,or,if
no such resolution be adopted,then in such depository designated in writing by the City Manager,and in
compliance with all of the provisions of the State Constitution and laws of the State governing the
handling,depositing and securing of public funds.
(c) Pay out moneys only on proper orders or warrants in the manner provided for in this
Charter.
(d) Prepare and submit to the Director of Finance monthly written reports of all receipts,
disbursements and fund balances,and shall file copies of such reports with the City Manager and City
Council.
(e) Perform such other duties consistent with this Charter as may be required by ordinance or
resolution of 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;
(I) 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
I2/6/10
Page 24
City Council,it may proceed to have said work done or such materials or supplies purchased in the
manner stated without further observance of the provisions of this section.
All public works contracts exceeding the amount set by ordinance may be let and purchases exceeding the
amount set by ordinance may be made without advertising for bids if such work or the purchase of such
materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of
life,health,or property and shall be authorized by at least five affirmative votes of the City Council.
Projects for the extension,replacement or expansion of the transmission or distribution system of any
existing public utility operated by the City or for the purchase of supplies or equipment for any such
project or any such utility may be excepted from the requirements of this section by the affirmative vote
of a majority of the total members of the City Council.
Section 615.GRANTING OF FRANCHISES.The City Council shall by ordinance regulate the
granting of franchises for the City.
Section 616.INDEPENDENT AUDIT.The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits
shall be made by a certified public accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or any of its officers.The Council may,
without requiring competitive bids,designate such accountant or firm annually provided that the
designation for any particular fiscal year shall be made no later than thirty days after the beginning of
such fiscal year.As soon as practicable after the end of the fiscal year,a final audit and report shall be
submitted by such accountant to the City Council,one copy thereof to be distributed to each member.
Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be
available for inspection by the general public,and a copy of the financial statement as of the close of the
fiscal year shall be published in the official newspaper.
Section 617. INFRASTRUCTURE FUND.
(a)All revenue raised by vote of the electors or imposed by vote of the City Council on or after
March 5,2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure,
as said term is defined in this paragraph,shall be placed in a separate fund entitled"Infrastructure Fund."
The term"Infrastructure"shall mean long-lived capital assets that normally are stationary in nature and
normally can be preserved for significantly greater number of years.They include storm drains,storm
water pump stations,alleys,streets,highways,curbs and gutters, sidewalks,bridges, street trees,
landscaped medians,parks,beach facilities, playgrounds,traffic signals, streetlights, block walls along
arterial highways,and all public buildings and public ways.Interest earned on monies in the
Infrastructure Fund shall accrue to that account.Monies in said Fund shall be utilized only for direct costs
relating to infrastructure improvements or maintenance,including construction,design,engineering,
project management,inspection,contract administration and property acquisition.Monies in said Fund
shall not be transferred, loaned or otherwise encumbered for any other purpose.
(b)Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding.
The average percentage of general fund revenues utilized for infrastructure improvements and
maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%.Expenditures for
infrastructure improvements and maintenance,subsequent to 2001,shall not be reduced below 15%of
general fund revenues based on a five-(5)year rolling average.
(c)The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to
conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the
City Council prior to adoption of the following fiscal-year budget.
City of Huntington Beach City Charter Page 18 of 20
12/6/10
Page 25
ARTICLE VII
ELECTIONS
Section 700.GENERAL MUNICIPAL ELECTIONS.General municipal elections shall be held in the
city on the first Tuesday after the first Monday in November in each even-numbered year.
Section 701.SPECIAL MUNICIPAL ELECTIONS.All other municipal elections that may be held by
authority of this Charter,or of any law,shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS.All elections shall be held in accordance
with the provisions of the Elections Code of the State of California,as the same now exists or hereafter
may be amended,for the holding of municipal elections,so far as the same are not in conflict with this
Charter.
Section 703.INITIATIVE,REFERENDUM AND RECALL.There are hereby reserved to the electors
of the City the powers of the initiative and referendum and of the recall of municipal elective officers.
The provisions of the Elections Code of the State of California,as the same now exists or hereafter may
be amended,governing the initiative and referendum and the recall of municipal officers,shall apply to
the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the
provisions of this Charter.
Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City.
ARTICLE VIII
MISCELLANEOUS
Section 800.TRANSITION.Elective officers and elective officers whose offices are made appointive of
the City shall continue to hold such offices until the completion of their current terms and the election or
appointment and qualification of their respective successors under this Charter.All boards, commissions
and committees presently in existence shall continue to act in accordance with their original grant of
authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or
for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations,and
portions thereof,in force at the time this Charter takes effect and not in conflict or inconsistent herewith,
are hereby continued in force until the same shall have been duly repealed,amended,changed or
superseded by proper authority.
Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires,as used in this
Charter:
(a) "Shall" is mandatory,and "may" is permissive.
(b) "City"is the City of Huntington Beach and"department," "board," "commission,"
"agency," "officer,"or"employee" is a department, board,commission,agency, officer or
employee, as the case may be, of the City of Huntington Beach.
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(0 The singular includes the plural and the plural the singular.
City of Huntington Beach City Charter Page 19 of 20
12/6/10
Page 26
(g) "Person"includes firm and corporation.
Section 802,VIOLATIONS.The violation of any provision of this Charter shall be a misdemeanor.
Section 803,PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by
the owner of real property.Any such measure is hereby repealed.
(b) The word"mandates"as used in subsection(a)includes any measure taken by ordinance,
resolution,administrative regulation or other action of the City to establish,continue,implement or
enforce any control or system of controls on the price or other terms on which real property in the city
may be offered,sold,leased,rented,exchanged or otherwise transferred by its owner.The words"real
property"as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on
which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or
sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health,safety,fire or building code
violations,excluding those caused by disasters,for which a civil or criminal
citation has been issued by the City and remains unabated for six months or
longer;
(2) any real property owned by a public entity,and real property where the owner
has agreed by contract with the public entity,including the City and any of its
related agencies,to accept a financial contribution or other tangible benefit
including without limitation,assistance under the Community Redevelopment
Law;
(3) any planning or zoning power of the City as relates to the use,occupancy or
improvement of real property and to any real property which the City or any of
its related agencies may acquire by eminent domain,purchase,grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property,whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a
transient occupancy tax;or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804,CHARTER REVIEW.The City Council shall determine if there is a need to convene a
citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than
every ten years.
City of Huntington Beach City Charter Page 20 of 20
12/6/10
Page 27
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Page 28
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City of Huntington Beach
Organizational Chart
Adopted Budget-FY 2018/ 9
THE PEOPLE
1
CITYCITY COUNCIL crrY
ATTORNEY CITY CLERK Mayor TREASURER
Mayor Pro-Tem
Administration, City Council Members
Advisory Public Support Investments
&Elections
Records
Litigation Management CITY
MANAGER
,
ASSISTANT
CITY MANAGER
CS M NIT COI ( FIRE ) ( PUCE ) ,,
Facilities& Accounting Fire Administrative PUBUC OFFICE OF 1
Development Services Administration Operations INFORMATION BUSINESS
DEVELOPMENT)
Recreation, e
Fire
Human& MaSuag Management Prevention
Investigations]
r Cultural Servs
' Cashiering&
ncy
Collections Resporre Uniform
Services
Fiscal Marine
Services Safety
is'
COMMUNITY PUBUC HUMAN INFORMATION LIBRARY
DEVELOPMENT WORKS RESOURCES) SERVICES SERVICES
Neighborhood Benefits& Applications& 'Administration&
Preservation& Engineering Trains Database Building
Code Enforcement Support Management
'PubIc Services&
Inspection General CustomerLabor
Services Services Support Community
Outreach
Permit& 'Youth Services& €
Plan Check Maintenance Recruitment& Infrastructure
Family
Services Operations w Selection Systems programming
Risk Pubic Safety Technology&
Planning Transportation Management Systems Support
Services
Utilities Administration
V Page 29
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Page 30
Council Meetings
(All meetings are subject to the Brown Act)
Regular Council Meetings. Regular meetings of the City Council/Public Financing Authority are
held on the first and third Mondays of each month,and typically begin on or preceding the hour
of 4:00 P.M in the Council Chambers. A Study Session is used to present information to Council
for discussion purposes only with no action being taken or Closed Session may be convened
subject to the Brown Act,and may be scheduled prior to the main,public meeting that convenes
at 6:00 P.M. in the Council Chambers. if a regularly scheduled meeting falls on a holiday, the
meeting will be held on the next business day.
Special Council Meetings. Special meetings including meetings to adjourn to Closed Session may
be called by the Mayor or a majority of the members of the Council, and noticed accordingly to
identify the time and place of the special meeting.
Public Input. Each regular meeting shall provide an opportunity for members of the public to
address the Council on items that are within the subject matter jurisdiction of the Council.
Members of the public wishing to speak shall fill out a form provided by the City Clerk, and will
be called to the podium at the appropriate time to provide comments within a 3-minute time
limit. No person may donate his or her time to another speaker. The Mayor, subject to appeal
as a decision of the chair, may establish different time limits for particular issues and individual
speakers.
Parliamentary Procedure
Roberts Rules of Order. In all matters of parliamentary procedure not expressly provided for in
the City Charter or the ordinances or resolutions of the City of Huntington Beach,the procedure
contained in the current edition of Roberts Rules of Order, as it now exists or future revisions
thereof, shall control. Failure to comply with technical procedural rules shall not effect the
Council's ultimate decision except to the extent the failure violates due process.
Parliamentarian. The City Attorney is parliamentarian for the City Council,and upon the request
of the Mayor or upon his own initiative,shall make rulings on points of parliamentary procedure.
Motions. Motions may be made by any member of the Council and require a second,except when
a second is not required by Roberts Rules of Order. A motion may be withdrawn by the mover
with the consent of the second and in the absence of objection from any other member of the
Council.
The Vote. The vote on all motions shall be by roll call,and recorded by electronic or other means
necessary to record the vote.
Page 31
Division of Question ("Split Vote"). If the question contains two (2) or more divisible
propositions,the Mayor may, and at the request of any Councilperson shall,divide the question
(also called"split vote"). Example:
1. Waive further reading of ordinance/resolution (requires unanimous vote)
2. Adopt
Tie votes. If a vote results in a tie,the motion fails except that on appellate matters a tie vote on
a motion to sustain the lower body's decision has the effect of sustaining the decision of the
lower body. A tie vote on a negative motion does not approve the affirmative side of the motion.
Thus,a tie vote on a motion to disapprove or not to do something does not automatically adopt
the opposite. After such tie vote,the question should be made in the affirmative mode.
Rights of Mayor. Each member of Council including the Mayor may make motions, second
motions and vote on motions. The practice of some deliberative bodies where the Chairman does
not vote except to break a tie does not apply to the Council.
Other Actions. Actions which are not required by the City Charter or City ordinances to be in the
form of ordinances or resolutions may be effectuated by minute action.
Minute Actions. In all situations where an action of the Council under the express provisions of
the City Charter or ordinances shall or may be by resolution, a "minute action" of the Council
adopted by at least four(4)affirmative votes shall be deemed a resolution for all purposes, and
such action shall not fail merely because it lacks the form or title of a resolution.
Minute actions require the affirmative votes of a majority of Councilpersons present and voting,
but not less than three (3), except when less than a quorum is present,the lesser number may
adjourn from time to time.
Motion to Reconsider. A motion to reconsider, when appropriate under the Brown Act and
Roberts Rules of Order, may be made at the same meeting or no later than the next regular
meeting if the item is placed on the agenda of the City Council by a Councilperson who voted on
the prevailing side of the motion to which it applies.
• The vote required to adopt a motion to reconsider shall be a simple majority of
Councilpersons present and voting, except that such motion shall require four (4)
affirmative votes in order to reconsider any motion which required four (4) affirmative
votes for adoption.
• A motion to reconsider may be made only once with respect to any motion to which it
applies. However,a motion to reconsider a main motion does not preclude the making of
a motion to which it applies.
Page 32
• A motion to reconsider a main motion does not preclude the making of a motion to
reconsider the main motion as amended.
• A motion to amend may be reconsidered.
• A motion to reconsider a motion to reconsider is not permitted. The vote on the motion
to reconsider shall be taken at the time the motion to reconsider is made except that the
vote on a motion "to reconsider and enter upon the minutes"shall be taken at the next
regular meeting of the City Council if said minutes are on the agenda.
• The effect of the adoption of a motion to reconsider is to vacate the vote taken on the
motion to which it applies and to present the motion to which it applies to the body for
action as if no vote had been taken on it. The new vote on the motion to which it applies
neither sustains nor overrules such motion because the old vote is vacated,and the new
vote is taken as though no previous vote had been taken.
Vote Required on Appellate Matters. Where action has been taken by a lower body that would
be final if not appealed, such as decisions by the Zoning Administrator or the Planning
Commission,and is subsequently appealed to the higher body,the following procedure applies:
1. If the motion is to sustain the lower body's decision,a majority of those present and voting
is sufficient(four(4)affirmative votes not required). It is not necessary to make a motion
to overrule. When there is a tie vote,the lower body is sustained. However,if the motion
to sustain gets less than a tie vote,a motion to overrule must be made.
2. If the motion is to overrule the decision of the lower body, four(4) affirmative votes are
required. If there are less than four(4)affirmative votes,the decision of the lower body
is deemed sustained and no further vote is required.
3. If a motion is made to modify the decision of the lower body,two separate steps must be
taken:
a) First,the motion to modify requires four(4)affirmative votes.
b) Second, if the motion to modify is adopted, a motion to sustain the decision of the
lower body as modified requires the same vote as the motion to sustain.
c) A motion to overrule the decision of the lower body, as modified, requires four (4)
affirmative votes. If there are less than four affirmative votes,the decision of the lower
body,as modified,is deemed sustained without further vote.
d) If a motion to modify fails, the next motion is either to sustain or to overrule the
subordinate body.
Page 33
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).
Page 34
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Page 35
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:/Jhuntin€ttonbeach.legistar.com/Calendar.aspx. If a holiday occurs on the Monday or
Tuesday prior to Wednesday's scheduled agenda packet release,delivery of packet material to
Council and the public may delayed by one additional day.
Please refer to 2019 City Council Agenda Deadline Schedule(attached)as an outline of the
agenda process schedule for staff and Councilmembers.
Page 36
2019 AGENDA DEADLINE SCHEDULE
PUBLIC HEARING ITEMS DUE TO ITEMS DUE AGENDA REVIEW PAGKET
MEETING NOTICES TO CITY CLERK ADM 14 Days TO CLERK (H-ITEMS DUE) DELIVERY
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Page 38
Procedure for Selection of Mayor Pro Tern
The procedure for selection of the Mayor Pro Tern, pursuant to Resolution No.6320,Charter
Sections 305 and 306, shall be as follows:
1. At the City Council meeting following any general or special municipal election at which
any Councilmember is installed,or as soon thereafter as the results of the election are
certified,the Council shall elect a Mayor and a Mayor Pro Tern. In non-election years,
the selection of Mayor and Mayor Pro Tern shall be made at the first regular meeting
held in December.
2. The Mayor and Mayor Pro Tern shall serve terms of one year.
3. The member of the Council serving as Mayor Pro Tern shall become the Mayor upon the
expiration of the seated Mayor's term.
4. The member of the Council having the longest consecutive City Council service shall
become the Mayor Pro 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 Tern.
b) If any member declines his/her term as it arises in rotation,that member shall
remain in the same place in the rotation cycle as if he/she had served.
c) Any Councilmember who has served as Mayor within the last four years will not be
eligible for election as Mayor Pro Tern.
Page 39
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Page 40
Code of Ethics
In October 1993,the City Council adopted a City Code of Ethics by ordinance and resolution that
would set a standard of conduct for all elected officials,officers,employees,and members of
advisory boards,commissions,and committees of the City of Huntington Beach.
The most recent revision to the Code of Ethics was approved in November 2016. Resolution No.
2016-73 requires that the City Council, City Departments,and all boards, commissions and
committees are to formally review the Code of Ethics with their members on an annual basis. In
January of each year,the Mayor presents the Code of Ethics to the City Council, and "directs the City
Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council,
City Manager, Chairpersons, and City Department Directors for their review and distribution as
required by Resolution No. 2016-73."(1)
The Council also finds that"Any official found to be in violation of the Code of Ethics may be subject
to censure by the City Council. Any member of an advisory board,commission or committee found
to be in violation may be subject to dismissal. in the case of an employee,appropriate action shall
be taken by the City Manager or by an authorized designee."(2)
(1)Resolution 2016-73
(2)Resolution Nos.6524(10/93); 6540(11/93)
Page 41
i
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.
• !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.
i
w .
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.
rage as
r1w+.r
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGEMENT OF RECEIPT FORM
Name
Title
Board/Department
Date
Signature
Page 44
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Page 45
Required Trainings for Council Members
AB 1234 Ethics;AB 1661 Sexual Harassment Prevention
Ethics Training
In addition to the City Code of Ethics,effective January 1,2016,each local official of cities,
counties,and special districts in California are mandated by state law to receive at least two
hours of training in general ethics principles and ethics laws relevant to his or her public service
every two years.
The City Attorney's Office runs training sessions in compliance with the requirements of AB 1234
approximately every six months.An online training program by FPPC on a cost-free basis can be
accessed via their website(http://www.fppc.ca.pov/learn/public-officials-and- employees-rules-
/ethics-trainina.html). The Institute of Local Government(ILG)also offers two, one-hour self-
study exercises as an option for local officials to satisfy AB 1234 requirements.
Sexual Harassment Prevention Training and Education
State law requires all city officials in California to complete at least 2-hours of sexual harassment
prevention training and education if the local agency provides any type of compensation, salary,
or stipend to those officials. This training content includes federal and state statutes outlawing
sexual harassment, solutions available to victims, and "practical examples"to teach officials how
to prevent sexual harassment,discrimination,and retaliation in the workplace.
Thus, City Council member must receive training within the first six months of taking office and
renew at least once every two years. Attendance to this training is aligned with the City's
commitment to preventing inappropriate conduct at all times and creating a work environment
that is safe, respectful,and free of any types of harassment,discrimination and retaliation.
See Administrative Regulation 412(attached)for more details.
Training and/or education may be offered internally through the City Attorney's Office,or by ILG,
nonprofits,or commercial organizations--please consult with the City Clerk's office. Costs
related to attend such trainings can be reimbursed by the City.
NOTE: When these trainings are finished,you must print the Certification of Completion(both)
provided at the end of such trainings and submit a copy of the certificate to the City Clerk in a
timely manner.
These laws require the City Clerk to retain training records for five(5)years minimum as these
public records are subject to disclosure under the California Public Records Act,as specified.
Page 46
�a. eDADMINISTRATIVE REGULATION
ire
Office of the City Administrator
EACK
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 andtor while engaged in any activity on behalf of the City of
Huntington Beach.
1.2 To fully inform all elected officials, officers, members of advisory boards,
commissions and committees of the City of Huntington Beach, employees,
department heads, managers, supervisors of the City, that any form of
harassment in the workplace will not be tolerated or condoned.
1.3 To inform,elected officials, officers, members of advisory boards, commissions
and committees of the City of Huntington Beach and all City employees of their
rights if they believe they have been a victim of harassment and,
1.4 To provide a means for prompt reporting and a full and effective investigation of
all complaints and provide for remedial action against those who engage in
harassment as prohibited by this regulation.
2. Authority: •
Section 401, Huntington Beach Charter. City of Huntington Beach Code of Ethics.
Title VII of the United States Civil Rights Act. Guidelines of the Equal Employment
Opportunity Commission and the California Fair Employment and Housing Act
Commission (Government Code subsection 12900-12940 et. seq..Fair Employment and
Housing Act).
State of California Department of Fair Employment and Housing Commission
28 Civic Center Plaza, Room 538
Santa Ana, CA 92701-4010
(714)558-4159
•
3. Application:
This regulation applies to all elected officials, members of advisory boards,
commissions and committees of the City of Huntington Beach and all departments, and
employees of the City of Huntington Beach.
Page 47
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
andlor employment with the City of Huntington Beach:
4.5 Definition of Employee - An employee shall be defined as any individual,
regardless of classification, employed by the City of Huntington Beach, person
providing services pursuant to a contract, or volunteers working under the
supervision of the City.
5. Policy:
Harassment of an applicant or employee by an elected official, officer,member of
advisory boards, commissions and committees of the City of Huntington Beach,
management employee, supervisor or co-worker on the basis of race, religious creed,
color, national origin, ancestry, disability, medical conditions, marital status, sex, sexual
orientation, or age is prohibited and will not be tolerated.
This policy applies to all terms and conditions of employment,.including but not limited
to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of
absence, training opportunities, and compensation. The policy also applies to outside
contractors, customers, and constituents.
AR412
Page 48
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
Page 49
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 wilt:
7.1 Inform the complainant of his/her right to initiate a complaint.
7.2 Notify the appropriate department head of the complainant and authorize the
investigation of the complaint and supervise and/or investigate the complaint. All
investigations should be conducted as confidentially as possible and will include
interviews with:
A. The complainant.
B. The alleged harasser.
C. Any other persons the Human Resources Manager has reason to believe have
relevant knowledge concerning the complainant, such as witnesses and victims
of similar conduct.
D. Review factual information gathered through the investigation to determine
whether the alleged conduct constitutes harassment, giving consideration to all
factual information including the nature of the verbal, physical, visual or sexual
circumstances surrounding the conduct and the circumstances in which the
alleged incidents occurred.
7.3 Report the results of the investigation and the determination, as to whether
harassment occurred to appropriate persons including the complainant,the alleged
harasser,the supervisor, department head, and the City Administrator.
7.4 If it is determined that harassment occurred, recommend to the appointing
authority the appropriate disciplinary and remedial action to be taken. The
appropriate action will be commensurate with the severity of the offense and will be
communicated to the complainant/victim.
7.5 Reasonable steps will be taken to protect the victim and other potential victims
from further harassment.
7.6 Reasonable steps will be taken to protect the victim from any retaliation, as a result
of communicating the complainant.
7.7 Appropriate action will be taken to remedy the victim's loss, if any, which resulted
from the harassment.
AR412 Page 50
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
Beath and all managers, supervisors,and employees.
I have read and understand the Harassment in Employment Policy, AR 412. t
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:
av3A
enelo Cuibreth-Graft, City Administrator
AR412
Page 51
•
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Page 52
Statewide Ballot Propositions
The City Council shall take no stand,either pro or con,with respect to any statewide ballot
proposition. (Resolution 4344—10/76)
Appeal of Planning Decisions
A City Council member may appeal a decision of the director, Design Review Board,
Environmental Assessment Committee,Subdivision Committee, Planning Commission or Zoning
Administrator.The appeal shall be processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed for an appeal.(HBMC§248.28)
The City Council member appealing the decision is not disqualified by that action from
participating in the appeal hearing and the deliberations nor from voting as a member of the
reviewing body. (HBMC§248.28)
The time limit for filing the appeal is ten (10)calendar days after the decision. The appeal must
specify in detail the reasons for the appeal,and the hearing is limited to the specific reasons.
Guidelines for Councilpersons representing the
City at conferences or other such meetings
At any conference or other such meeting where the City is represented by one or more
members of the City Council,the following guidelines shall be followed per Resolution 4366-
12/76:
1. Whenever possible,Councilpersons shall represent the City as"instructed delegates by
majority vote of the City Council."
2. In the event no prior instructions or directions have been given,a poll shall be taken of the
delegates attending such conference,or other such meeting,so that any vote or action
taken by such Councilpersons shall reflect the wishes of a majority of delegates.
3. In the event no prior instructions or directions have been given delegates,or in the event
that the City of Huntington Beach is not represented at a conference or other such meeting,
but the matter at issue is one on which the Orange County League of Cities has taken a
stand concurred in by the City of Huntington Beach,the City Council shall be bound by the
action taken on such issue by the Orange County League of Cities.
Additional guidelines include:
4. Members of the Council should avoid discussion or comment on the City matters at
conferences or other such meetings or on social media,other than as part of the
scheduled program. Discussions where 4 or more City Councilmembers are present could
Page 53
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.
Page 54
RESOLUTION NO. 2 0 0 6-79 •
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
1.a. This policy shall apply to all elected and appointed officials of the City.
1.b. The City Administrator and / or the Director of Finance shall be responsible for
the proper administration of this policy for all elected/appointed officials.
1.c. Any exceptions from this policy must have prior written approval of the City
Council.
2. ALLOWED EXPENSES. Whenever possible, group rates shall be used.
2.1 Registration
2.1.a. Approved schools and training exercises specifically related to the functions and
responsibilities of the elected/appointed official in his/her present job classification.
2.1.b. Approved participation in meetings that provide specific job-related information
or input for City programs.
2.1.c. Approved participation in meetings that affect department or City programs so
that the value to the City warrants attendance.
2.1.d. Attendance at non-budgeted meetings may be granted at the expense of the
elected/appointed official provided the above criteria are met.
2.1.e. Registration fees normally payable in advance shall be obtained through the
regular requisition and purchasing process.
06-606/495? 1
Page 55
Kesolution NO. 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 Lodging
2.3.a. Lodging shall be obtained at the single room rate or at government rates when
available. Government rates shall be requested on all lodging reservations.
2.3.b. Rates shall not be higher than any special rate offered for the meeting location.
2.3.c. Whenever practical,lodging shall be arranged and paid for by the City.
2.4. Miscellaneous Allowable Fees and Costs
2.4.a. Telephone expense shall be allowed for City business only.
2.4.b. Costs necessary for school or meeting supplies which cannot be obtained by the
City prior to such school or meeting.
2.4.c. Costs of miscellaneous items may be allowed when it is specifically shown that
such items were necessary to conduct City business.
2.4.d. All additional charges incurred shall be at the expense of the attending elected /
appointed official.
• 3. PER DIEM ALLOWANCE
3.l.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
Page 56
rceSUIULIUII riU. GVUV 07
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 I 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
Page 57
I\L JV • u V .v•. ••-
5.1.d. The elected / appointed officials shall be responsible for all personal record
keeping which may be necessary to meet Internal Revenue Service requirements relative to his or
her taxes.
5.1.e. Elected / appointed officials shall comply with this policy and insure that all
requests are approved in advance and proper reports and receipts are submitted.
6. B OWN ACT MEETINGS
Elected i appointed officials shall report on any Brown Act meeting attended at the expense of
the City/Agency at the next regular meeting of the legislative body.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 t h day of December ,20 0 6
iffi
earitit)
r
REVIEWED AND APPROVED: PPROVED AS TO FORM:
ft)
ity A *strator ity Attorney i /
ITIATED AND APPROVED:
ity Attorne t 21 0C
•
•
06-606/4957 4
Page 58
Res. No. 2006-79
STATE OF CALIFORNIA
COUNTY OF ORANGE ) as:
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
0(1+04)
City erk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California
Page 59
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Page 60
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.
Page 61
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City of Huntington Beach
MADDY ACT
LOCAL APPOINTMENTS LIST 2019
**Revised**
Opportunity for Public Service on
City Boards and Commissions
CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS
WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2019
This list is prepared to inform members of the community of opportunities to serve on City boards
and commissions and to invite applications from interested parties.
Please note that the following information pertains to openings that will be available in 2019
because of expiration of members' terms. Very often during the year there will be openings on
boards, commissions and committees because members resign. These openings are posted
separately at the Civic Center and Huntington Central Library, and are listed on the city's website
at: htto://www.surfcity-hb.orq/Government/boards commissions/notice of vacancies.cfm.
ROBIN ESTANISLAU, CITY CLERK
Office of the City Clerk
°
2000 Main Street, 2nd Floor
714-536-5227
Page 62
MADDY ACT LOCAL APPOINTMENTS LIST - 2019
(Chapter 10, Section 54970, Part 1, Division 2, Title 5 of the Government Code)
The following information provides notification of membership terms on City boards,commissions
and committees due to expire in 2019:
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(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Celeste Hamil 07/15 06/19
Kara Rudin 07/15 06/19
Matt Rudin 07/15 06/19
Catherine Stip 07/15 06/19
ALLIED ARTS BOARD coordinates programs related to the arts within the City providing
recommendations to the City Council on development of the arts and other cultural activities for
the City. It is a nine-member board that meets at 6:00 PM on the 4th Wednesday, every other
month in February,April, June,August, October and December. Meetings are held at the Civic
Center, 2000 Main St. Huntington Beach, CA 92648, Rm B-7. Staff support is provided through
the Community Services Department/Art Center at(714)374-1663.
Necessary Requirements: City resident 30 days prior to appointment; 18 years of age and
interested in guiding, encouraging and promoting cultural activities in the City.
k
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Dr. Joslin de Diego 09/17 08/19
Meagan Kensey 09/15 08/19
Dr. Phyllis Lembke 09/15 08/19
Tiffanie Lin 09/17 06/19
Domnique Sardines 09/17 06/19
Chana Wanock 09/17 08/19
CHILDREN'S NEEDS TASK FORCE develops and implements plans for youth and children
that will ensure the best possible environment for raising children to become successful
members of our community. The Task Force meets the fourth Thursday every other month at
4:00 p.m. in Room B-8 of the Civic Center. Staff support is provided through the Community
Services Department at(714)374-1583.
Necessary Requirements: Residents or work within the City. Task Force members are
recommended by the City Council liaisons.
Members and Appointments: The Children's Needs Task Force is made up of thirteen (13)
members and shall consist of a minimum of one student representative and not more than one-
Page 63
third of the 13 member total allowable membership.Adult members serve a 4-year term up to
two terms. Student members serve a 1-year term up to four terms.
PROIRttOtUttt 41,, 4
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings}
The Charter directs that the City Council establish a CITIZENS INFRASTRUCTURE
ADVISORY BOARD(CIAB)for the oversight of infrastructure. In 2002,the Public Works
Commission became the auditing body. In 2015,an Ordinance was created to establish the
CIAB as required by Charter section 617. Staff support is provided by the Public Works
Department at(714)375-5070.
Members and Appointments:The CIAB shall be comprised of seven members,to be directly
appointed by members of the City Council.
Note: Appointments to this board must file California Form 700-"Statement of Economic
Interests."
Necessary Requirements: The Board shall act in an advisory capacity to the City council in
matters pertaining to infrastructure.The Board should meet monthly in the quarter prior to
release of the annual budget.
impwrio
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openinasi
CITIZEN PARTICIPATION ADVISORY BOARD(CPAB)makes recommendations to the City
Council on eligible activities for the Community Development Block Grant(CDBG) program and
other Housing and Urban Development(HUD)programs annually. Meetings are held on the 1 8'
Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional
meetings may be required depending on the number of grant applications received or as other
issues arise. Staff support is provided by the Office of Business Development at(714) 536-5470.
Members and Appointments. CPAB includes seven, individual appointments by the City
Council.
Necessary Requirements: As an advisory board of seven Council-appointed citizens,
members shall have an interest in providing citizen participation and coordination in the City's
planning processes for the City's Housing and Urban Development(HUD) programs. Members
shall have an interest in assessing the needs of the community, particularly that of low and
moderate income households, evaluate and prioritize projects pertaining to the required plans,
and provide recommendations to the City Council. Low-income and disadvantaged persons are
encouraged to apply.
" " '. >„ UN 4i..
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
COMMUNITY SERVICES COMMISSION reviews and provides recommendations relating to
the city's parks, beaches, and recreational facilities. The Commission meets the 2nd
Page 64
Wednesday of each month at 6:00 p.m. in the Council Chambers. Staff support is provided by
the Community Services Department at(714) 536-5434.
Necessary Requirements: City resident, interested in recreational programming and
development of parks.
Members and appointments: The Commission consists of 13 members-seven direct
appointments by individual Council Members to serve a consecutive 4-year term;six direct
school-district appointments to a one-year term. Each elementary, high school and public
community college district having facilities within the City may recommend to the Council, on or
before the third Monday in June of each year,two or more persons, residents of the City of
Huntington Beach,to represent their district. One of said persons shall be appointed by the
Council for a one-year term which will terminate on July 1 the following year. In the event that
any district shall not make such recommendations to the Council by the first day of July, then
the Council may appoint some qualified person to a one-year term to represent such school
district on the Commission.
(Resignations Occur;See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Design Review Board member appointees whose term will expire in 2019
The DESIGN REVIEW BOARD reviews design,colors and materials for projects located within
Specific Plan Areas, and areas designated by City Council, City facilities or projects abutting or
adjoining City facilities, projects in or abutting or adjoining OS-PR and OS-S districts, and
General Plan primary and secondary entry nodes. This process ensures that the aesthetic
values of the adopted Urban Design Guidelines are implemented through high quality
architectural style, superior landscaping and compatibility of design with surrounding properties.
The Design Review Board assists the Community Development Director, Zoning Administrator,
and Planning Commission in reviewing development plans and architectural drawings within
designated geographic areas of the City. The Board makes recommendations to the
Community Development Director, Zoning Administrator, and Planning Commission and may
impose conditions or modifications on projects reviewed. The Board meets on the second
Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. Staff
support is provided through the Community Development Department at(714) 536-5271.
Note: Appointments to this board must file California Form 700-"Statement of Economic
Interests."
Necessary Requirements: City resident, at least 18 years of age and interested in guiding,
encouraging and promoting the maintenance of harmonious, compatible, attractive and
aesthetic developments within special and unique areas of the City. Members must have
training, education or work experience in design-related fields including, but not limited to,
architecture, landscaping, art, urban/environmental design and aesthetics.
Page 65
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(Resignations Occur; See Notices of Vacancies for Potential Openinos)
Current Appointee Date of Appointment Date of Expiration
Michael Bourgeault 06/15 06/19
Diana Dehm 03/18 06/19
Ana Rudolf 06/15 06/19
Mark Sheldon 06/15 06/19
Shawn Thompson 04/16 06/19
Debbie Killey 06/15 06/19
Tony Soriano 06/15 06/19
ENVIRONMENTAL BOARD studies and reports on issues related to the environment of the
City of Huntington Beach and investigate all actual and potential threats to a clean environment
for the city and its inhabitants. It is made up of nine members who meet on the 3'd Wednesday
of each month at 6:00 p.m.at the Central Library, Room B. Staff support is provided through
the City Manager's Office at(714) 536-5265.
Necessary Requirements:City resident and preferably the following: 1)A general interest in
the environment and protecting its quality;2)An interest in local government and becoming
involved in its operation; 3) Preferably a specific interest in the activities of the Environmental
Board which relate to(a)long range local and regional planning, (b)state and federal
environmental legislation and its impact upon the community, (c)energy conservation, and(d)
solid waste disposal.
' iaAokk y commas
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings)
FINANCE COMMISSION acts in an advisory capacity to the City Council in matters pertaining
to financial planning.
The Finance Commission consists of seven members individually appointed by a member of the
City Council, and serves a concurrent Council term.
The Finance Commission holds regular monthly meetings on the fourth Wednesday of each
month at 5:00 PM in Room B-7 of City Hall.All meetings are open to the public and special
meetings may be called in conformance with the Ralph M. Brown Act. In the event a member
retires or is unable to complete his term, an appointment shall be made to fill the remainder of the
unexpired term. Staff support is provided through the Finance Department at(714) 536-5630.
Note: Appointments to this board must file California Form 700-"Statement of Economic
Interests.”
Necessary Requirements: City resident of the City of Huntington Beach. Commissioners are
appointed by Council.
Page 66
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
FOURTH OF JULY EXECUTIVE BOARD is responsible for the fundraising, coordination and
presentation of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run
and related entertainment.The board meets monthly on the 1st Wednesday at 6:00 pm year-
round,with two meetings in May and weekly or as-needed meetings in June.The meetings are
held in B-8 on the Lower Level of the Civic Center, 2000 Main Street. Appointments are made on
an as-needed basis. Staff support is provided through the Community Services Department at
(714)374-5312.
Necessary Requirements: Resident of the City of Huntington Beach.
=,
(Resignations Occur;See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined—no term expirations in 2019
HARBOR COMMISSION shall act in an advisory capacity to the City Council on matters pertaining
to the Huntington Beach harbor its beaches,facilities, and parks. The Board is made up of seven
(7) members. The Board meets as needed on the 4th Thursday of each month at 5:00 P.M. at City
Hall, Room B-7(lower level). Staff support is provided by the Community Services Department at
(714)536-5292.
Necessary Requirements: Resident of the City of Huntington Beach. Commissioners are
appointed by Council.
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Susan Nguyen 07/15 06/19
Joe Santiago 07/15 06/19
David Wentworth, Sr. 07/15 06/19
HISTORIC RESOURCES BOARD provides information to the City Council pertinent to the
conservation and preservation of the City's historic resources. The Board is made up of 9
members. The Board meets as needed on the 3rd Wednesday of each month at 5:00 P.M. at City
Hall, Room B-7 (lower level), Staff support is provided by the Community Development
Department at(714) 536-5271.
Necessary Requirements: City resident and preferably the following: 1)A general interest in
local history; and, 2)An interest in becoming involved in local government.
Page 67
:t
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Angie Dahman 09/13 12/19
Michelle Gale-Nelson 04/16 12/19
Linda MacDonell 01/12 12/19
Natalie Moser 02/17 12/19
Vashia Rhone 12/17 12/19
HUMAN RELATIONS TASK FORCE was initially formed by the City Council in February 1997,
The mission of the Task Force is to promote and celebrate the diversity of our community through
education and understanding. In order to achieve these goals,the Task Force sponsors
community events through the year and serves as a resource to the community in promoting
human dignity and cooperation.
The Task Force is comprised of nine members. The Human Relations Task Force meets on the
1st Tuesday of each month at 6:45 p.m. at the Central Library, Room B. Staff support is provided
by the Huntington Beach Police Department at(714) 536-5903.
Necessary Requirements: Interested in promoting cultural diversity efforts within the
community. Fundraising and public information work experience is beneficial.
t
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings)
INVESTMENT ADVISORY BOARD currently consists of seven members. Each City Council
Member shall appoint one member of the Board to serve the same term as the City Council
Member.
The purpose of the Board is to act in an advisory capacity to the City Treasurer and the City
Council in matters pertaining to the financial planning and the City's investments as per
Municipal Code Chapter 2.109.
The lAB meets on a quarterly basis(January,April, July, October)on the third Thursday of the
month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center.
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term, Staff support is provided by the City
Treasurer's Department at(714)536-5200,
Page 68
(Resignations Occur:See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
To be determined—no term expirations in 2019
JET NOISE COMMISSION (JNC)was formed to monitor issues related to jet noise from
commercial aviation traffic flying over the City,to act as an advisory body to the Council on matters
pertaining to jet noise from commercial aviation traffic over the City, and to engage with
neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities
on the quality of life in Huntington Beach.
The Commission shall consist of seven at-large members recommended by two Council liaisons,
and appointed by a majority of the City Council. The Commission shall meet at such time and
place as fixed by resolution. Staff support is provided by City Manager's Office at(714) 536-5537.
Necessary Requirements: Members shall hold no paid office or employment in the City
government while serving on the JNC.
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Sherrie Daugherty 07/15 06/19
Richard Moore 07/15 06/19
Faith Vogel 07/15 06/19
LIBRARY BOARD makes recommendations to the City Council on matters related to the City's
libraries and library services in areas as deemed necessary by the City Council. It is a seven-
member board that meets on the 3rd Tuesday of each month at 5:00 p.m. in the Central Library
Administrative Conference Room. Staff support is provided by the Library Services Department
at(714)960-8836.
Necessary Requirements:City resident 30 days prior to appointment and 18 years of age with
an interest in the operation and conduct of city libraries.
(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
There are no Mobile Home Advisory Board member appointees whose term will expire in 2019
MOBILE HOME ADVISORY BOARD ensures the quality of life in mobile home parks and
reviews matters concerning mobile home parks in the City of Huntington Beach through healthy
communication with park owners, manufactured home owners,and the City Council. Nine
members,three each as follows: Park representatives, Resident/Owner representatives,and
citizens at-large who have no affiliation or relationship with mobile home parks. They meet
quarterly at 6:00 p.m. on the 4th Monday of the month in January, April, July, and October at a
Page 89
City Hall (see Agenda for location changes)with special meetings scheduled as needed. Staff
support is provided by the Office of Business Development at(714)536-5470.
Necessary Requirements:The board consists of nine members:three Huntington Beach
mobile home park owners;three Huntington Beach mobile home resident owners; and,three
Huntington Beach independent citizens at-large who have no affiliation or relationship with
mobile home parks.
(Resignations Occur; See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
Katherine Elford 07/01/2017 06/30/2019
Phillis Lane 07/01/2017 06/30/2019
PERSONNEL COMMISSION acts in an advisory capacity to the City Council and City Manager
on personnel administration, hears appeals on grievance matters and appeals from decisions
related to the employer-employee relations resolution, reviews impasse matters, and performs
other personnel duties and functions as may be requested by the City Council or prescribed by
ordinance or resolution. There are five commission members and meetings take place at 5:30
p.m.on the 3rd Wednesday of each month in Room B-8 of the Civic Center. Staff support is
provided by the Human Resources Department at(714)960-8828.
Necessary Requirements: City resident for 30 days prior to appointment. Desirable
qualifications are education and work experience in private or public personnel administration.
x
(Term Limits Not Applicable; See Notices of Vacancies for Potential Openings)
Members and Appointments: The PLANNING COMMISSION includes seven members who
are appointed by the City Council members. Each City Council member appoints one
commissioner to this quasi-judicial body that is empowered by State law and the City Council.
Meeting Times and Dates: The Planning Commission meets on the second and fourth
Tuesday of each month at 7:00 p.m. in the Council Chambers. Study sessions are frequently
held at 5:15 p.m. prior to the meeting in Council Chambers.Agendas are available to the public
the Thursday prior to the meeting.
Note: Appointments to this board must file California Form 700-"Statement of Economic
Interests."
Vacancies: In the event a member retires or is unable to complete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the
Community Development Department at(714) 536-5276.
Page 70
(Term Limits Not Applicable: See Notices of Vacancies for Potential Openings)
Members and Appointments: The PUBLIC WORKS COMMISSION consists of seven (7)
members who are residents of the City of Huntington Beach. Each City Councilmember
appoints a member of the Commission to a term that coincides with the City Councilmember's
term. No member may have interest in any contract with the city either during his or her terms or
for a period of one year after cessation of Commission service. All members serve without
compensation, may hold no other office or employment in city government and no other
employment that is incompatible with Commission service.
Meeting Times and Dates: The Public Works Commission holds regular monthly meetings, on
the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021
Huntington Street. All meetings are open to the public and special meetings may be called in
conformance with the Ralph M. Brown Act.
Vacancies: In the event a member retires or is unable to compete his term, an appointment
shall be made to fill the remainder of the unexpired term. Staff support is provided by the Public
Works Department at(714) 375-5055.
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(Resignations Occur: See Notices of Vacancies for Potential Openings)
Current Appointee Date of Appointment Date of Expiration
REPRESENTATIVES:
Devin Hughes—EHS 06/01/18 05/31/19
Ella Thomas—HBHS 06/01/18 05/31/19
Tatum Osborne—MHS 06/01/18 05/31/19
Natalie Blazquez—OVHS 06/01/18 05/31/19
AT LARGE MEMBERS:
Trinon Carter—EHS 06/01/18 05/31/19
Samuel Dater—EHS 06/01/18 05/31/19
Amy Zeng—HBHS 06/01/18 05/31/19
Nikki Nadler—MHS 06/01/18 05/31/19
Emma Fisher—OVHS 06/01/18 05/31/19
YOUTH BOARD is a voluntary advisory board to the City Council regarding youth achievement,
problems, and needs. The board represents, involves, and promotes youth participation in
community affairs. The board meets on the 2nd Monday of each month at 3:30 p.m, public
meeting rooms. Note: A separate application is required for review by the City Council
Liaisons. Staff support is provided by the Community Services Department at(714) 374-5312.
Necessary Requirements: All members shall be enrolled in high school and shall be residents
of this city during their service on the board. The Youth Board was formed to promote Council,
city staff and public understanding of the achievements, problems and needs of the city's young
people and under Council direction, to enable young people to participate in various city
activities and make recommendations to the Council, and further to promote and encourage
increased interest and participation among young people in community affairs.
Page 71
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Page 72
Statements of Economic Interests - Form 700 Reporting
(1)The 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.
ilihttp://www.fppc.ca.govjlearn/rules-on-conflict-of-interest-codes,html
Page 73
RESOLUTION NO.2018-58
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING
ITS CONFLICT OF INTEREST CODE
WHEREAS,the Political Reform Act(Government Code Section 81000 et seq.)requires
State and local government agencies to adopt and promulgate conflict of interest codes;and
The City of Huntington Beach has adopted a Conflict of Interest Code which has been
amended by various Resolutions;and
The City desires to amend the Code which was most recently amended by Resolution
2014-64;and
The Fair Political Practices Commission has adopted a regulation [2 Cal. Code of Regs.
187301 which contains the terms of a standard Conflict of Interest code, which may be adopted
by local agencies and constitutes the agency's Conflict of Interest Code,
NOW,THEREFORE,the City Council of the City of Huntington Beach hereby resolves
as follows:
SECTION 1. Regulation Section 18730. The terms of 2 California Code of Regulations
Section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference and attached hereto as Exhibit A. This
regulation, and the attached Exhibit B designating officials and employees and their respective
disclosure categories, and the attached Exhibit C establishing Disclosure Categories, shall
constitute the conflict of interest code of the City of Huntington Beach.
SECTION 2. Filing of Statements. Designated officials and employees shall file their
statements with the City Clerk which will make the statements available for public inspection
and reproduction. [Gov. Code Section 81008.] Statements for all designated officials and
employees will be retained by the City Clerk.
SECTION 3. Designation of Positions. The persons holding the position set forth in
Exhibit B are designated officials and employees. The Council determines that such persons
make or participate in the making of decisions which may foresecably have a material effect on
any financial interest as defined in Government Code Section 87103.
SEC1 ION 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;
I 8-6887/181598 1
Page 74
RESOLUTION NO. 2018-58
(b) Persons required to file Statements of Economic Interests pursuant to
regulations which have been or may be adopted by the Fair Political Practices Commission;
(c) Clerical,secretarial,manual,and ministerial employees.
SECTION 5. Disclosure Required. Designated officials and employees as set forth in
Exhibit B shall file conflict of interest statements listing financial interests as required by the
applicable Disclosure Category for their position set forth in the attached Exhibit"C."
SECTION 6. Disqualification. Designated officials and employees must disqualify
themselves from making or participating in the making of any decisions which will foreseeably
have a material financial effect, distinguishable from its effect on the public generally, on any
reportable interest of that employee. No designated employee shall be prevented from making or
participating in the making of a decision to the extent his or her participating is legally required
for the decision to be made.
SECTION 7. Manner of Disqualification. A designated employee required to disqualify
himself or herself shall notify his or her supervisor in writing. This notice shall be forwarded to
the City Clerk who shall record the employee's disqualification, Upon receipt of such statement,
the supervisor shall immediately reassign the matter to another employee.
In the case of a designated employee who is a member of a City Board, Commission or
Committee,notice of disqualification shall be given at the meeting during which consideration of
the decision takes place and shall be made part of the official record of said Board, Commission,
or Committee. The member shall then refrain from participating and shall attempt in no way to
use his or her official position to influence any other person with respect to the matter.
SECTION 8. Previous Resolutions Repealed. City Council Resolution 2014-64, 2016-
44 and any other Resolution or provision thereof in conflict herewith is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of October , 2018.
Mayor
REVIE �. I APPROVED: INITIA D AND PROVED:
'/If/ 001AR 4
City anag r Assistant City Manager
APL1D}?LkL)
VAS TO FORM:
.
city Attorney ,A/
18-68871188598 2
Page 75
•
• Resolution 2O18--58 Ex. A
(Regulations of the Fair Political Practices Commission,Title 2, Division 6, California .
Code of Regulations)
§ 18730, Provisions of Conflict of interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the
designation of employees and the formulation of disclosure categories In the Appendix
referred to below constitute the adoption and promulgation of a conflict of interest code
within the meaning of Section 87300 or the amendment of a conflict of interest code
within the meaning of Section 87306 if the terms of this regulation are substituted for
• terms of a conflict of Interest code already in effect.A code so amended or adopted and
promulgated requires the reporting of reportable Items In a manner substantially
equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,
Sections 81000,et seq.The requirements of a conflict of interest code are In addition to
other requirements of the Political Reform Act, such as the general prohibition against
conflicts of Interest contained in Section 87100,and to other state or local laws
pertaining to conflicts of interest.
(b)The terms of a conflict of interest code amended or adopted and promulgated
pursuant to this regulation are as follows;
(1)Section 1. Definitions.
The definitions contained In the Political Reform Act of 1974, regulations of the
Fair Political Practices Commission(Regulations 18110, et seq.),and any amendments
to the Act or regulations,are incorporated by reference Into this conflict of interest code.
(2)Section 2. Designated Employees,
Page 76
The persons holding positions listed In the Appendix are designated employees.
It has been determined that these persons make or participate in the making of
decisions which may foreseeably have a material effect on economic Interests.
(3)Section 3. Disclosure Categories,
This code does not establish any disclosure obligation for those designated
employees who are also specified in Section 87200 if they are designated in this code in
that same capacity,or if the geographical Jurisdiction of this agency is the same as or Is
wholly included within the Jurisdiction in which those persons must report their economic
erests pursuant to article 2 of chapter 7 of the Political Reform Act,Sections 87200,
et seq .
In addition,this code does not establish any disclosure obligation for any
designated employees who are designated In a conflict of Interest code for another
agency,if all of the following apply;
(A)The geographical Jurisdiction of this agency is the same as or Is wholly
included withtn'the jurisdiction of.the other agency;
(S)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.1
Such persons are covered by this code for disqualification purposes only, With
respect to all other designated employees,the disclosure categories set forth in the
Appendix specify which kinds of economic Interests are reportable; Such a designated
employee shall disclose in his or her statement of economic interests those economic
Interests he or she has which are of the kind described In the disclosure categories to
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•
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 Piling.
The code reviewing body shall instruct ail 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.Ail 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
•
Page 78
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 make or
participate in the making of, or use his or her position to Influence any decision and did
not receive or become entitled to receive any form of payment as a result of his or her
appointment.Such persons shall not file either an assuming or leaving office statement.
(A)Any person who resigns a position within 30 days of the date of a notice from
the filing officer shall do both of the following:
(1)File a written resignation with the appointing power;and •
(2)File a written statement with the filing officer declaring under penalty of
penury 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.
•
Page 79
(A)Contents of Initial Statements.
initial statements shall disclose any reportable investments, interests in real
property and business positions held on the effective date of the code and Income
received during the 12 months prior to the effective date of the code.
(B)Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable Investments,interests
in real property and business positions held on the date of assuming office or, if subject
to State Senate confirmation or appointment, on the date of nomination, and income
received during the 12 months prior to the date of assuming office or the date of being
appointed or nominated, respectively.
(C)Contents of Annual Statements,Annual statements shall disclose any
reportable investments, interests in real property,income and business positions held or
received during the previous calendar year provided, however,that the period covered
by an employee's first annual statement shall begin on the effective date of the code or
the date of assuming office whichever Is later,or for a board or commission member
subject to Section 87302,6, the day after the closing date of the most recent statement
filed by the member pursuant to Regulation 18754.
(D)Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments,interests In real
property, income and business posffions'heid or received during the period between the
closing date of the•last statement filed and the date of leaving'office.
(7)Section 7. Manner of Reporting.
Page 80
Statements.of economic interests shall be made on forms prescribed by the Fair
Political Practices Commission and supplied by the agency, and shall contain the
following information:
(A)investment and Real Property Disclosure.
When an investment or an interest In real property3 Is required to be reported,4
the statement shall contain the following:
1.A statement of the nature of the investment or Interest;
2. The name of the business entity in which each Investment is held,and a
general description of the business activity in which the business.entity is engaged;
3.The'address or other precise location of the real property;
4.A statement whether the fair market value of the Investment or interest In real
property equals or exceeds$2,000, exceeds$10,000, exceeds$100,000, or exceeds
$1,000,000.
(B)Personal Income Disclosure.When personal income is required to be
reporfed,5'the statement shall contain:
1.The name and address of each source of income aggregating$500 or more in
value,or$50 or more In value if the income was a gift, and a general description of the
business activity,if any, of each source;
2.A statement whether the aggregate value of income from each source, or In
the case of a loan, the highest amount owed to each source,was$1,000 or less,
greater than$1,000, greater than$10,000,or greater than$100,000;
3.A description of the consideration,If any,for which the Income was received;
Page 81
•
•
•
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 with the
business entity.
(E)Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement,if an investment or an interest in real property was partially or.
wholly acquired or disposed of during the period covered by the statement,the
•
statement shall contain the date of acquisition or disposal.
• - Page 82
(8)Section 8. Prohibition on Receipt of Honoraria.
(A)No member of a state board or commission, and no designated employee of •
a state or local government agency,shall accept•any honorarlum 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 89506:
(8.1)Section 8.1. Prohibition on Receipt of Gifts In Excess of$440.
(A)No member of a state board or commission,and no designated employee of
a state or local government agency,shall accept gifts with a total value of more than
$440 In a calendar year from any single source, if the member or employee would be
required to report the receipt of income or gifts from that source on his or.her statement
of economic interests. This section shall pot apply to any part-time member of the
governing board of any public institution of higher education,.unless the member is also
an elected official. •
Subdivisions(e), (f), and(g)of Section 89503 shall apply to the prohibitions in
this section.
18.2)Section 8.2.Loans to Public Officials.
Page 83
(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 offIclat who Is exempt from the state civil service system pursuant
to subdivisions(o), (d), (e),(f), and(g)of Section 4 of Article VIi of the Constitution shall,
while he or she holds office,receive a personal loan 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 state or local government agency shall,from the date
of his or her election to office through the date that he or she vacates office,receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected officer's
agency has direction and control.This subdivision shall riot apply to loans made by
• banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction,if the loan is made or the Indebtedness created In
the lender's reguiar•course of business on terms available to members of the'public
without regard to the elected officer's official status,
(D)Ng 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 ViI of the Constitution shall, .
Page 84
•
•
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 not exceed five hundred
dollars($500)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
Page 85
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-iawlsister in-law,
nephew, niece, aunt, uncle-, or first cousin,or the spous.e of any such person, provided
that the person making the loan is not acting as an agent or intermediary for any person
not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
(C)Nothing In this section shall exempt any person from any other provision of
Title 9 of the Government Code.
(8.4)Section 8.4. Personal Loans.
(A)Except as set forth In subdivision(8), 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 dreumstances;
1. If the loan has a defined date or dates for repayment, when the statute of
limitations 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: -
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•
a The date the loan was made.
b.The date'ihe last payment of$100 or more was made on the loan,
c.The date upon which the debtor has made paymenfs on the loan aggregating'
to less than$260 during the previous 12 months. .
(B)This section shall not apply to the following types of loans:
1.'A loan made to the campaign committee of an elected officer or a candidate
for elective office.
2.A loan that would otherwise not be a gift as defined in this title.
3.,A loan that would otherwise be a gift as set forth under subdivision (A), but on
which the creditor has taken reasonable action to collect the balance due.
4.A loan that would otherwise be a gtft as set forth under subdivision(A), but on
which the creditor, based on reasonable business considerations,has not undertaken
collection action. Except in a criminal action, a creditor who claims that a loan is not a
gift on the basis of this paragraph has the burden of proving that the decision for not
taking collection action was based on reasonable business considerations,
5,A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C)Nothing In this section shall exempt any person from any other provisions of
Title 9 of the Government Code.
(9)Section 9. Disqualification.
No designated employee shall make,participate in making,or in any way attempt
to use his or her official position to influence the making of any governmental decision
which he or she knows or has reason to know will'have a reasonably foreseeable
•
Page 87
•
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;
(B)Any real property in which the designated employee has a direct or indirect
Interest worth$2,000 or more;
(C)Any source of income,other than gifts and other than loans by a commercial
lending institution In the regular course or business an terms available to the public
without regard to official status,aggregating$500 or more in value provided to, received
by or promised to the designated employee within 12 months prior to the time when the
decision is made;
(D)Any business entity in which the designated employee is a director, officer,
partner, trustee, employee,or holds any position of management;or
(E)Any donor of,or any intermediary or agent for a donor of,a gift or gifts
aggregating$440 or more provided to, received by,or promised to the designated
employee within 12 months prior to the time when the decision is made.
(9.3)Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating In the
making of any decision to the extent his or her participation is-legally required for the
decision to be made.The fact that the vote of a designated employee who is on a voting
body is needed to break a tie does not make his or her participation legally required for
purposes of this section.
(9.5)Section 9,5:Disqualification of State Officers and Employees.
Page 88
in addition to the general disqualification provisions of section 9,no state
administrative official shall make, participate in making, or use his or her official position
to influence any governmental decision directly relating to any contract•where the state
administrative official knows or has reason to know that any party to the contract is a
person with whom the state administrative official, or any member of his or her
Immediate family has,within 12 months prior to the time when the official action is to be
taken:
(A)Engaged in a•business transaction or transactions on terms not available to
members of the public, regarding any Investment or Interest In real property; or
(B)Engaged in a business transaction•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.DIsquallfying 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. Asststanoe 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 Political Practices Commission pursuant to Section
83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency,
provided that nothing In this section requires the attorney for the agency to issue any
formal•or informal opinion.
(12)Section 12.Violations.
Page 89
This code has the force and effect of law. Designated employees violating any
provision of this code are subject to the administrative,criminal arid civil sanctions
provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in
relation to which a violation of the disqualification provisions of this code or of Section
87100 or 87450 has occurred may be set aside as void pursuant to Section 81003.
1 Designated employees who are required to fife statements of economic interests
under any other agency's conflict of interest code,or under article 2 for a different
jurisdiction, may expand their staternent 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 filed in place of an original Is signed and verified by the designated
employee as if it were an original.See Section 81004.
2 See Secttpn 81010 and Regulation 18115 for the duties of filing officers and persons
In agencies who make and retain copies of statements and forward the originals to the
filing officer.
3 For the purpose of disclosure only(not 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 the meaning.of the
Politfcai Reform Act.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
• Page 90
which the individual, spouse and dependent children own, in the aggregate,a direct;
Indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income Includes his or her community property interest in
the Income of his or her spouse but does not include safety 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 flier and the tiler'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)(6)1.filed 1-26-83;effective thirtieth day thereafter
(Register 83, No. 5).
5.Amendment of subsection (b)(7)(A)filed 11-10-83; effective thirtieth day thereafter
(Register 83, No.46). •
6,Amendment filed 4-13-87;operative 5-13-87(Register 87, No. 16).
Page 91
7.Amendment of subsection(b)filed 10-21-88;operative 11-20-88(Register 8B,
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 6-7-92;operative 9-7-92 (Register 92,No. 32).
10.Amendment of subsection(b)(5.5)and new subsections (b)(5.5)(A)-(A)(2)flied
2-4-93;operative 2-4-93(Register 93, No. 6).
11.Change without regulatory effect adopting Conflict of Interest Code for California
Mental Health Planning Council filed 11-22-93 pursuant to title 1.,section 100, California
Code of Regulations(Register 93, No.48).Approved by Fair Political Practices
Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for
California Mental Health Planning Council as chapter 62,section 55100 filed 1-4-94
pursuant to title 1, section 100,California Code of Regulations(Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14.Amendment of subsection(b)(8),designation of subsection (b)(8)(A), new
• subsection (b)(8)(B), and amendment of subsections(b)(8.1)-(b)(8.1)(B),(b)(9)(E)and
Note filed 3.14-95;operative 3-14-95 pursuant to Government Code section 11343.4(d)
(Register 95, No. 11).
15. Editorial correction inserting Inadvertently omitted language In footnote 4
(Register 96, No. 13). .
Page 92
•
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)filed 4-9-97; operative 4-9-97
pursuant to Government Code section 11343,4(d) (Register 97, No. 16).
• 18.Amendment of subsections(b)(7)(B)5., new subsections(b)(8.2)-(b)(8.4)(C)and
•
amendment of Note filed 8-24-98;operative 8-24-98 pursuant to Government Code •
section 11343.4(d)(Register 98, No. 35),
19. Editorial correction of subsection(a)(Register 98, No.47).
20.Amendment of subsections(b)(8,1),(b)(8,1)(A)and (b)(9)(E)filed 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)flied 12-6-2000;
operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380,2
and The 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 filing pursuant to Fair Political Practices Commission v. Office of .
Administrative Law, 3 Civil C010924,California Court of Appeal,Third Appellate District, .
nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001,No.2).
23.Amendment of subsections(b)(7)(A)4.,(b)(7)(B)1:2., (b)(8,2)(E)3„ (b)(9)(A)-(C)and
footnote 4.filed 2-13-2001.Submitted to OAL for filing pursuant to Fair Political.
• Practices Commission v. Office of Administrative Law, 3 Civil CO 10924;California Court
Page 93
of Appeal, Third Appellate District, nonpubiished decision, April 27, 1992(FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking requirements)
(Register 2001,No. 7),
24. Amendment of subsections(b)(8.1)-(b)(8.1)(A)filed 1-16-2003;operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil CO10924,California Court of Appeal,Third Appellate District,
nonpubllshed decision,April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements)(Register 2003, No.3).
25, Editorial correction of History 24(Register 2003, No. 12).
26. Editorial correction removing extraneous phrase In subsection (b)(9,5)(B)
(Reglater.2004, No,•33).
27.Amendment of subsections(b)(2)-(3), (b)(3)(C), (b)(6)(C),(b)(8.1)-(b)(8.1)(A),
(b)(9)(E)and (b)(11).(12)filed 1-4-2005; operative 1-1-2005 pursuant to Government
•
• Code section 11343.4 (Register 2005, No, 1).
28,Amendment of subsection(b)(7)(A)4.filed 10-11-2005;operative 11-10-2005
(Register 2005, No,41).
29. Amendment of subsections(a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A)and(b)(9)(E)filed
12-18-2006;operative 1-1-2007. Submitted to OAL pursuant to Falr Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of
Appeal,Third Appellate District, nonpubiished.decislon,April 27, 1992(FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking requirements)
(Register 2006, No.51).
Page 94
• 30.Amendment of subsections (b)(8.1)-(b)(8,1)(A)and(b)(9)(E)filed 10-31-2008;
operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil 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 2008,No,44).
31. Amendment of section heading and section filed 11-15-2010;operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellae District,
nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by OAL)(Register 2010, No. 47).
32. Amendment of section heading and subsections (a)•(b)(1), (b)(3)-(4), (b)(5)(C),
(b)(8.1)-(b)(8,1)(A)and(b)(9)(E)and amendment of footnote 1 filed 1-8-2013;operative
2-7-2013. Submitted to-OAL for filing pursuant to Fair Political Practices Commission v.
Office of,Administrafive Law,3 Civil CO10924, California Court of Appeal,Third
Appellate District,nonpublished decision,April 27,1992 (FPPC regulations only subject
to 1974 Administrative Procedure Act rulemaking requirements and not subject to
procedural or substantive review by OAL)(Register 2013, No.2),
•
Page 95
Resolution 2018-58
EXHIBIT B
DESIGNATED OFFICIALS AND EMPLOYEES
WITH DISCLOSURE CATEGORIES
Job Type Description Category
0089 Admin Analyst Senior . . 3
0025 Administrative Analyst 5
0078 Assistant City Attorney 1
0132 Assistant City Clerk 1
0592 Assistant City Manager 1
0595 Assistant Fire Marshal 4
0057 Assistant to the City Manager 1
0044 Beach Operations Supervisor 3,4
0064 Budget Analyst Senior 3
0598 Building Manager 1
0112 Buyer 2
0593 Chief Asst City Attorney • 1
0518 Chief Financial Officer 1,
•
0479 Chief Information Officer 1
0016 City Attorney 1
0017 City Clerk 1
0024 City Engineer 1 •
0591 City Manager 1
0018 City Treasurer 1
0125 Code Enforcement Supervisor 2
0589 Community Development Director 1
0471 Community Relations Officer 2,3
0353 Community Services Manager 1
0258 Community Srvcs Rec Supv 3 •
0097 Construction Manager 2
0085 Contract Administrator 3,4,5,6
0081 Deputy City Attorney I 3,5,6
0080 Deputy City Attorney II 3,5,6
0079 Deputy City Attorney ill 3,5,6
0699 Deputy Community Prosecutor 3,5,6
0840 Deputy Dir of Community Development 1
0571 Deputy Dir of Econ Development 1
0486 Detention Administrator 3,4
0014 Director of Community Services 1
0574 Director of Human Resources 1
0007 Director of Library Services 1
• 0010 Director of Public Works 1
• 0039 Econ Development 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 '
•
Page 96
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 Protect Manager 3
0839 Real Estate&Project Manager 2,5
' 0054 Risk Manager 1
0110 Senior Accountant 3
0069 Senior Civil Engineer 2,4
0484 Senior Deputy City Attorney 2
0868 Sehior Finance Analyst 3 '
0036 Senior Planner 2,4
0579 Senior Risk Management Analyst . 3,6
0575 Senior Supv Cultural Affairs 3,4
0578 Senior Supv Human Services 3,4
0034 Senior Traffic Engineer 2,4
18-6887/188602 .
Page 97
•
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
•
•
Page 98
Resolution 2018-58
•
Enna3rr C
City of 1atltii►gton Beach
Conflict of Interest Code
Disclosure Categories
•
pistlosure Catepory 11 , Broad responsibilities,Pu11 Alsalosure
Persons irx this category shall disclose all applicable investments,business positions,and
sources aaiucom°,inelucing gifts,loans and travel payments,Persons inlhis category
shall further disclose applicable interests in real property located fit the City,including
property located within a two mile radius ofthe City or of any property owned or used by
the City.
pisclostira Catogor'xt aty►widaPurchasing Responsibilities
Persons hi this category shall disclose all applicable investments,b-usi ness positions,and
laconic,including loans and gifts,from sownces which provide services, supplies,
materials,machinery,or equipment of the type utilized by the City.*
Disclosure Category 31 1)epartmentlDivisIan Purchasing Responsibilities
Persons in this category shall disclose all applicable investments,business positions, and
income,including loans and gifts,from sources which provide services, supplies,
materialsy machinery,or equipment of the type utilized by the designated employee's
department or division,
piselaaura CO fsaory 4: Regulatory Power
Persons in this category shall disclose all applicable investments,business positions,and •
itreern.e,including loans anti gifts,from any seuroc which is suliect to the regulataty,
permit,or licensing a.vthority ofthe designated employee's department or division.
?isalosure Cafeg,,,-5: Decision-Making Authority Affecting Re&Property
Persons in this category shall disclose idi applicable investments,business positions, and
Inc-4aq ballot ng loans and gifts,front solutes which engage in land development,
cbnstructiou,or the acquisition ar sale of real property.Persons in this category shall
f'urthee disclose all interests in Taal property,focaled in Ilia City, and within a two mile
radius of the City or of any property owned or used by the City.
Fisciosgrc Category 6: Decision-Making Authority,Affecting( aims andtor
Tnsaranre
.14-4324/112!05 1
Page 99
personas In this category shall disclose all applicable investments,business' positions,and •
income;including loans and gilts, horn:'
A) Persons or entities 41dch provide se vioes,supplies,materials,machinery or
equipment of the type utilized by the City.Business positions in Business entities that
manufacture,soli,supply,or promote personnel trahring materials or that offer personnel
consulting services,and that do busiri.esg,or expect to do busi,vPss,within the City.
B) •Entities which are engaged in the lsiness of insurance including,but not limited
to,insurance companies,carriers,holding companies,'underwriters,broken, solicitor's,
agents,adjusters,claims managers and actuaries,
C) •Financial institution s including,but not'limited to,banks,savings arid-loan
associations and credit unions.
D) Entities or persons who have tiled a claim,or have a claim pending,against the.
City Which is reviewed by the designated employee's department or division.
E) Income received frominvestments in,and business positions in business entities
that offer,sell,or sersrice group medical Insurance,group life insurance,group dental,
insurance,pension plans,or that make investments or any way manage funds relating
thereto,and that do business,or expect to do business,within the City,a
Piselosura Cafegpry 7: l'uvestment ResponOihilhiag
Persons in this category shall disclose all applicable investments,business positions,and
income,including loans and gifts,from financial institu tions doing business with or
eligible to do bosiuess with.the City. a
13lirmitions •
-"Applicableitn 'estwertts"relates to investments held by the designated employee,
spouse and dependent children-with an aggregate value of$2,000 or more located or
doing business in:the jurisdiction,It includes investments held by a business entity or
trust ht which the designated employee,spouse and dependent children have an aggregate
interest of 10%or greater.
"Applicable business positional' relates to positions in which the designated employee
was a director,officer,partner,trustee,empleyee•or held any position of management
during the period covered by the report,ewer.if the designated employee received no
income from the business entity during the period.
"Applicable income"includes the designated employee's gross income(including loans)
end the employee's oonwnurify property interest inhis or her spouse's gross income
• aggregating$500 or more received from any source located in or doing business in the
jurisdiction.Pleasonote that loans are repotipd on a'separate schidule.
14 4324 112105 2
•
Page 100
"Applicable gift"includes anything of value for which the designated employee has not
provided equal or greater conaisletationto the donor.A gift is reportable If its fair varlet
value is$50 ar more.Tn addiition,multiple gifts aggrepting 150 or more received during
the reporting period from a single source must be reported.Unless otherwise a pressly
limited In the Dlsolosure Categories,gibs are reportable without regard to where the
donor Is located,
"Applicable late rest in real property's Includes those located in the Jurisdiction in
which the employee,spouse,or dependent children had a direct Indirect,or beneficial
Interest aggregating$2;000 or nvre any time during the reporting period.The employee
is not required to report&residenvouscd exclusively as a personal residence.
"Jarisdietion"means the City of l untington Beach,Real propetty is deemed to be
"within tilt juri icalen"3f file property or any part°fit is located In or within two mites
of the boandaries of the City or any property owned oruaed by the City,unless a smaller
area is spceltled In the I)taclomire Category.
•
14.43241112105 3
Page 101
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, Deigleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
gaktVait‘d
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Page 102
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Page 103
CONFLICT OF INTEREST MAP
Holding Page
Page 104
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Page 105
General Rules for Gifts and Honoraria'
$10 Lobbyist Gift Limit: Elected officials,including members of the legislature,and legislative
employees may not accept a gift or gifts totaling more than$10 in a calendar month from any
individual who is registered as a lobbyist under state law.The$10 limit also applies to gifts
received by officials and employees of state agencies if their agency is listed on the registration
statement of the lobbyist's employer or firm.
$500 Gift Limit (Effective January 1,2019-December 31,2020):State and local officials and
employees are prohibited from receiving a gift or gifts totaling more than$500 in a calendar year
from certain sources. For elected state officials and many others,the prohibition is applicable to
gifts from any source, although there are exceptions(for example,gifts from family members). For
state and local officials and employees who file Statements of Economic Interests(Form 700s)
under an agency's conflict of interest code,the gift limit is applicable only to individuals and
entities that would have to be disclosed on the Form 700.This gift limit is adjusted for inflation
every odd-numbered year. (Note:Judges are not subject to the Act's gift prohibitions,but are
covered by the Code of Civil Procedure.)
Honoraria:An honorarium is a payment received for making a speech, publishing an article or
attending any public or private conference,convention,meeting,social event, meal or similar
gathering.State and local elected officers and candidates for those offices and all officials holding
positions listed in Government Code Section 87200 are prohibited from receiving honoraria
payments. Likewise,an employee designated under a state or local government agency's conflict
of interest code is prohibited from receiving honoraria payments from any source of gifts or
income the employee is required to report on his or her Statement of Economic Interests(Form
700). Some limited exceptions apply,such as income earned from a bona fide business or
profession.
Exceptions for Travel: Certain payments for travel are excluded from the gift limits and
honoraria prohibition. Refer to the City's travel reimbursement policy guidelines.
Loan Restrictions: Public officials who are required to file Statements of Economic Interests
(Form 700s)or who are exempt employees may not receive any personal loan aggregating more
than$250 from an official,employee,or consultant of,or from anyone who contracts with,their
governmental agencies. In addition,elected officials may not receive any personal loan
aggregating more than$500 from a single lender unless certain terms of the loan are specified in
writing. Under certain circumstances, a personal loan that is not being repaid or is being repaid
below certain amounts may become a gift to the official who received it.
1 Retrieved from California Fair Political Practices Commission
http//www fc cc qov/leornJpubhc officials arid employees rules/qifts and honoraria html For more information,
please refer to California Government Code Section 89503.
Page 106
Fekq
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•.
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New Mayer2 "` 1 Mtnciboo.
Page 107
New Mayor Protocol Handbook
• The Mayor is the Presiding Officer of the City Council.
* The Mayor may make and second motions and shall have both voice and
vote in all Council proceedings.
• The Mayor is the ceremonial head of the city and shall have the primary, but
not exclusive, duty to interpret the policies, programs, and needs of city
government to the people.
The Mayor may inform the people of any major change in policy or
program, as necessary.
* The Mayor may call special meetings of the City Council.
* The Mayor may execute contracts on behalf of the city when the contracts
have been approved by the City Council.
c The Mayor shall serve in such capacity at the pleasure of the City Council.*
*City Charter Sections 303, 305, & 613
Page 108
IMMEDIATE ITEMS FOR ACTION
DAIS SEATING ASSIGNMENTS—Mid November
1. Mayor develops seating chart(based on input from other City Council Members)
2. Protocol has been the Mayor Pro Tern sits to the right of the Mayor and the Past Mayor sits to
the left.The other seats are up to the Mayor and Councilmembers.
3. Final dais seating assignments will be relayed to the City Council Administrative Assistant and
City Clerk.
ARRANGEMENTS FOR OATH OF OFFICE MEETING- 1st Meeting in December
1. Meeting Festivities-Planned by Mayor
a) Refreshments—Cake, punch, and coffee will be ordered by Administration in recognition
of the incoming and outgoing Mayors(Mayor may provide their own cakes)
b) Dinner-Usually a light meal is provided by Administration in Caucus Room (may not
need)
c) Guest Invitations-Handled by Mayor, as desired
d) Meeting Time—Regular session begins at 6:00 PM (no study session)
e) Council Agenda—may include closed sessions,objective is a light agenda
2. Meeting Agenda Order
a) Meet with Community Relations Officer,City Council Administrative Assistant and City
Clerk with outgoing Mayor to review specific agenda order of events for first meeting in
December.
• Incoming Mayor presents a special surfer statue(or other award)to the outgoing
Mayor in appreciation of service
• Outgoing Mayor presents a gavel and wooden box to the new Mayor
• Gifts if the Mayor so chooses are presented by the outgoing Mayor,Council
Members, elected officials(Clerk,Attorney&Treasurer)and City Manager
• Outgoing Council Members given the opportunity to speak
• Outgoing Mayor gives an end of term speech
b) Incoming Mayor's Speech
c) Meet with City Clerk regarding Robert's Rules, meeting protocol, etc. (optional)
OFFICE ASSIGNMENTS
1, Relocation to Mayor's Office
a) Personal items to be moved by Mayor
b) Staff will assist in moving other items
c) Notify City Council Administrative Assistant if furniture is to be moved
Page 109
2. Assignment of City Council Offices
a) Mayor coordinates office move with incoming Mayor
b) Incoming Mayor coordinates office assignments with new City Council(as required).
Historically,the Mayor is at the far end on the south side of the fourth floor;the Mayor Pro
Tem is next to the Mayor(#6)and offices#4&5 are for councilmembers with more
seniority.The offices on the north side of the floor(#1,2, &3)are for the newer Council
Members.
c) Notify City Council Administrative Assistant of new office assignments
PARKING SPACE
Public Works staff will change parking signs following the swearing-in ceremony, moving the
immediate past Mayor to the end of the row of City Council parking spaces. This protocol is for
the Mayor to have the first space,the Mayor Pro Tern the second and the remainder of the
parking spaces to be assigned based on the anticipated succession to Mayor and Mayor Pro Tern
as described in Resolution#6320.
ASSIGNMENT OF CITY COUNCIL LIAISONS TO ADVISORY BODIES
1. The assignment of City Council Liaisons is conducted annually by the Mayor and is governed by
Resolution 99-83(adopted 10/4/99).A summary of the process is described below:
a) In early November,the incoming Mayor distributes a memo asking that each City Council
Member advise him/her on the Council liaison assignments that are of interest to them and
for which they will be available.
b) Council responses are to be submitted to the incoming Mayor about mid-November.
c) Based on the requests received,the incoming Mayor will prepare a preliminary list of
assignment.
d) The Mayor's preliminary list of assignments will be distributed to all the City Council
Members and the City Clerk at least one week prior to the City Council meeting at which the
appointments are made.
e) Appointments are approved at the 2nd City Council Meeting in December(see current
Council Liaison List,attached).
2. In considering these assignments, it should be noted that the Mayor and Mayor Pro Tern are
assigned to the following bodies as prescribed by originating documents:
a) The Mayor or their designee represents the city at the Orange County City Selection
Committee meetings.
b) The Mayor, Mayor Pro Tern,and most recent Past Mayor are the prescribed members
of the Economic Development Committee and Downtown EDC.
Additionally,the Mayor traditionally participates in the following bodies:
c) Visit Huntington Beach
d) League of California Cities—Orange County City Selection Committee
Page 110
MAYORAL FUNCTIONS
CITY COUNCIL MEETINGS
1. Presentation of Mayor's Award
The purpose of the Mayor's Award is to recognize outstanding employee performance.
Rotation: The award rotates between each of the city departments on a monthly basis and is
presented at a City Council meeting(typically 2nd meeting of month).The only exception is the
month of November when the Mayor recognizes staff members of their choice.
2. Presentations at City Council Meetings
• Requests: All requests should be submitted to the Mayor in writing with a copy to the
Community Relations Officer. Presentations may be requested by department heads,
members of the community, or other City Council Members. All requests must be approved
by the Mayor.
• Schedule: Requests should be made a minimum of two weeks prior to the date of the
City Council meeting and should include contact information for the recipient.
• Confirmation of Presentation(s): The final review of presentations is conducted at
Agenda Review(the Monday preceding the City Council meeting at 4:30 PM).
• Presentation: The Mayor is responsible for presenting and receiving all awards at City
Council meetings. The Mayor may invite other City Council Members and/or staff to
participate with him/her as desired
ONGOING MEETINGS
1. Attendance of Mayor/Mayor Pro Tern at Agenda Review Meeting
The purpose of this meeting is to allow the City Manager to review the items scheduled for the
next City Council meeting with the department heads prior to the printing of the final agenda.
Questions regarding specific items or the order of the items may be discussed here. The Mayor
and/or Mayor Pro Tem attend at their discretion.
Schedule: The Monday prior to each City Council Meeting, B-8,4:30 pm.
2. City Council Meeting Preparation with the City Manager
The purpose of this meeting is to review the agenda packet materials with the City Manager prior
to the City Council meeting.
Schedule: Occurs sometime between Agenda Packet Delivery and the City Council Meeting
depending on the Mayor's schedule(to be arranged with City Manager).
Page 111
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 in seeking funding. To that end,the
Mayor and/or the IRC chair may travel to Washington D.C. and Sacramento each year.
CEREMONIAL FUNCTIONS
Throughout the year,there are a number of ceremonial functions to attend. While the entire City
Council is usually invited to most of these events,the public often anticipates the Mayor's
presence as the ceremonial head of the city. Generally,there are three types of functions:
• City Functions(i.e. opening of new city facilities and employee or volunteer award lunches,
etc.)
• Community Events(i.e. Miss.Huntington Beach Pageant,Chamber of Commerce Ribbon
Cuttings, Boy Scout Eagle meetings,etc.)
• Other Local,County,and Regional Agencies(Functions of the County or special district i.e.
OCTA,etc.)
1. Mayoral Ceremonial Acceptance Protocol
According to the City Charter,the Mayor is the ceremonial head of the city. Therefore,the Mayor
traditionally represents the city at community events and functions. If the Mayor is not able to
attend a particular function,the City Council's Administrative Assistant will utilize the following
order in accepting the invitation:
a) Mayor Pro Tem
b) Immediate Past Mayor
e) Remaining City Council Members as directed by the Mayor according to interest
Page 112
2. Mayoral Ceremonial Absence Protocol
If the Mayor accepts an invitation to any of these events,and later finds that he/she is unable to
attend due to sickness or other reasons,staff will utilize the above protocol for identifying a
replacement. The City Council Administrative Assistant will contact the organization hosting the
event and notify them that the Mayor will be unable to attend due to extenuating circumstances.
3. Proclamations,Certificates of Recognition,&Commendations
a) Purpose of Proclamations,Commendations, Recognitions: To recognize citizens,
individuals,or organizations that have provided outstanding service to the community as
leaders of charitable or business associations or are recognized in the community for
outstanding achievements(i.e. Little League champions)
b) Presentation of: Presented by the Mayor at a City Council Meeting,an off-site ceremony,
or mailed
c) Final Draft: Prepared by the Community Relations Officer prior to signature
d) Signature: Mayor typically signs on behalf of the City Council. At times,the Mayor may
request that the document be signed by the full City Council.
RECOMMENDED INTERGOVERNMENTAL PARTICIPATION
• League of California Cities—The Orange County Division of the Leagues holds monthly
general membership(dinner)meetings. The Mayor and other Council Members have
traditionally been active participants in these meetings as well as the League's committee
structure.
• The City Selection Committee (A Committee of the 34 Orange County Mayors) meets
monthly in conjunction with the League dinners. This committee has responsibility for
decisions relating to the county as a whole and makes appointments to powerful boards
such as the South Coast Air Quality Management District(SCAQMD),the Orange County
Transportation Authority(OCTA),and the Orange County Local Agency Formation
Commission (LAFCO). It is very important for the Mayor or their designee to attend these
meetings.
TERM EXPIRATION ACTIVITIES
• At Mayor's discretion, provide gifts to fellow City Council Members, City Treasurer,City
Clerk,City Attorney,City Manager
• Prepare outgoing"Accomplishments"Speech
• Outgoing Mayor presents gavel to incoming Mayor
Staff Contact: Community Relations Officer
Page 113
MAYORAL ACTIVITIES FORTUPCOMING YEAR
APPROVED BY CITY COUNCIL
1. Code of Ethics
In January of each year,the City Council affirms the Council approved Code of Ethics(Code)for all
elected officials,officers,employees and members of advisory boards,commissions,and
committees. The current code requests that all employees and board/commission members sign
an acknowledgement indicating that they received a copy. Specifically,the code states that it
should be reviewed annually by the City Council,as well as by all employees, boards,
commissions, and committees. The Mayor, City Manager, and chairpersons shall be responsible
for accomplishing this review.
Copies of the code,along with the acknowledgement form,will be sent to all department heads,
and board/commission staff liaisons requesting that they review the code with their
employees/members.
EXISTING PRACTICES
1. Board Appreciation or Mayor's Reception
An appreciation reception for the members of the City Council appointed board and commission
members has been held in the past. If it is an informational meeting,staff will prepare the
appropriate notices and publicize the meeting via a press release and directed mailings. This is
' optional and has been funded in the past by the City.
2. Meetings with Chairs of Advisory Boards(optional)
Also at the discretion of the Mayor,meetings may be scheduled between the Mayor and the chairs
of each of the city's advisory bodies. Some Mayors have opted to schedule individual/small group
meetings with chairs and/or attend a regular meeting of each of the different citizen boards. If
preferable,a round-table meeting can be scheduled with the chairs as a group.
3. Master Calendar of Events
The calendar shown below highlights many of the annual events the Mayor and the City Council
are invited to. The events denoted with an asterisk(*)mark some of the events in which the
Mayor is often invited to address the audience. Other events may only require the Mayor to give
an award or read a proclamation. The purpose of this draft calendar is to alert the Mayor to the
number of events during the upcoming year.
Jan: HB Chamber of Commerce Annual Dinner
Annual Police Department Employee Awards Presentation Ceremony
Page 114
Feb: Miss Huntington Beach Scholarship Pageant
Surf City USA Marathon
Washington DC trip to meet with Lobbyists
Mar: Southeast Huntington Beach Neighborhood Association Annual General Meeting
Chamber of Commerce Planning Conference
Lifeguard Tryouts
C.E.R.T.Training Class
Sister City trip to Anjo,Japan (Not City funded)
April: Council on Aging Senior Team (C.O.A.S.T)Volunteer Luncheon Youth
in Government Day
Annual Easter Egg Hunt/Kiwanis
May: Library Volunteers Luncheon
Annual Duck-A-Thon
Memorial Day Service
Soroptimist Awards Dinner
June: Project Self-Sufficiency June Recognition Awards
Literacy Volunteers of America Annual Meeting and Ice Cream Social Concours
d'Elegance
Annual Pier Swim;Junior Lifeguard Program opening day
July: Fourth of July Parade &Activities
Junior Lifeguard Annual Hot Dog BBQ
Friends of Junior Lifeguard Annual Pancake Breakfast
Aug: U.S. Open of Surfing
Sept: Opening of Oktoberfest at Old World Village
Council on Aging Senior Saturday
League of Cities Annual Conference
Patriot's Day Ceremony
City's Green Expo
OC Division of the League-Installation
Oct: HB Chamber of Commerce Public Safety Awards Luncheon
Annual Distance Derby
Public Safety Awards Luncheon
Interfaith Council Annual Procession of Lights
Nov: Veteran's Day Ceremony
Dec: Changing of the Mayor Annual
Economic Conference
Page 115
Holiday Tree Trimming Festivities
in addition to these, there are other ongoing events. Some of these are also listed below. The
Mayor should decide how he/she would like to respond to these invitations and advise the City
Council Administrative Assistant.
Other Ongoing Activities of Interest
• Citizen's Police Academy Graduations(As needed—No regular schedule)
• Cub Scouts Blue and Gold Dinners
• Eagle Scouts Courts of Honor
• Kiwanis Meetings
• Rotary Meetings
• Requests for Lunch with the Mayor as a Raffle Prize for Charitable Organizations
(Mayor should advise City Council Administrative Assistant on the number of guests they will
pay for)
OFFICE HOURS
It is recommended that regular office hours be established. This assists staff in scheduling
meetings without the need to contact the Mayor each time a meeting is required. Consideration
should also be given to scheduling a weekly block of time that may be used to meet with the public
or review documents.
RESPONDING TO CITIZEN INQUIRIES
Citizen inquiries are processed through the MyHB online content management system.
RESPONDING TO REQUESTS FOR MEETINGS BY CITIZENS
The following process is currently followed when citizens request meetings with the Mayor and
City Council.
1. Before scheduling a meeting,Administrative staff advises citizen of other available
options,such as:
a) Sending a letter explaining the nature of the issue
b) Speaking directly to the appropriate department staff
If this is not satisfactory to the resident,a meeting is scheduled. The City Council's
Administrative Assistant is directed to notify the department head of the meeting and schedule
the appropriate staff to meet with the resident.
Note: Meetings are not scheduled if the issue involves matters in litigation,when a claim has been
filed against the city,or when a traffic citation has been issued.
Page 116
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
Page 117
2019 COUNCIL LIAISON LIST
CITIZEN BOARDS,COMMISSIONS,COMMITTEES,AND TASK FORCES
(Citizen Members Appointed to Four-Year Terms)
Citizen Group Council Liaisons Meeting Date/Place
1. Allied Arts Board Semeta,Carr 4th Wed.,81-Monthly,B-7,6:00 PM(Feb.,April,June,August
Oct,Dec.)
2. Children's Needs Task Force Breeden,Posey 4'^Thurs.,B-8,4:00 PM,Bi-Monthly(Aug,Oct,Dec,Feb,Apr,
June)
3. Citizen Infrastructure Advisory Board Individual Appointments 5:00 PM,Utilities Yard,19021 Huntington St.;meets twice per
year
4. Citizen Participation Advisory Board Individual Appointments 1"Thurs.,B-8,6:00 PM
5. Community Services Commission Individual Appointments 2nd Wed,Chambers,6:00 PM
6. Design Review Board Peterson,Semeta 2"4 Thurs,8-8,3:30 PM
7. Environmental Board Deigleize,Hardy 3th Wed.,6:00 PM,Central Ubrary,Room B
8. Finance Commission Individual Appointments 4"'Wed.,5:00 PM(January-October),Room B-8 or B-7
3"tl Wed.,5:00 PM(November&December),Caucus Room
9. Fourth of July Executive Board Peterson,Semeta 1"Wed.,B-8,6:00 PM
10. Harbor Commission Peterson,Semeta 4''Thurs.,Monthly,B-7,5:00 PM
11. Historic Resources Board Peterson,Hardy 3th Wed.Monthly,B-7,5:00 PM
12, Human Relations Task Force Hardy,Brenden 1°'Tues,Central Library,Room B,6:45 PM
13. Investment Advisory Board individual Appointments 3"'Thursday(January,April,July,October),Room B-7
6:30 PM
14. Jet Noise Commission Brendan,Deigieize TBD
15. Library Board Carr,Hardy 3'"Tues,Central Library,5:00 PM
16. Mobile Home Advisory Board Hardy,Delgleize 4th Mon,13-8,6:00 PM-Quarterly(January,April,July,
October)
17, Personnel Commission Peterson,Semeta 3r'd Wed,B-8,5:30 PM
18. Planning Commission individual Appointments 20'&4h Tues;5:15 PM(13-8);7:00 PM(Chambers)
19. Public Works Commission Individual Appointments 3"'Wednesday,Utilities Yard,5:00 PM
20. Youth Board Hardy,Carr 2nd Mon,3:30 PM,5th Floor Conf.Room(No Meetings-
June,July,August)
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CITY OF HUNTINGTON BEACH
Other City and Citizen Committees
(Created by City Council Action)
,Citizen Group Council Liaisons` Meeting Date/Place
1. Specific Events Committee Peterson,Deigieize Weekly,Wednesday,City Hall-Room B-8,11:00 AM(Effective
(governed by MC 13.54)and November 28,2018)
Executive Events Committee
COMMUNITY GROUPS
(Citizen Members Not Appointed by City Council)
Citizen Group Council Liaisons- Meeting Date/Place
1. Central Park Council Subcommittee Brenden,Deigieize 20d Wednesday,Room B-8,4:00-6:00 PM
2. Huntington Beach Council on Aging Deigieize,Brenden 1 Thurs,Senior Center(EMG,Room 1),9:00 AM
3. Huntington Beach Downtown Business Semeta,Peterson 2nd Thursday,Legends Surf City,9:00 AM
Improvement District(BID)Board
Meeting
4. Neighborhood Watch Brenden,Carr 2nd Tues,Police Dept,VI Fir.Investigation Conf.Room,6:30
PM
(No meeting July,Aug,Dec)
5. Oak View Task Force Posey,Carr 3,4 Thursday of March,June,September,December @ 4:00
PM,Oak View Elementary
6. Sister City Association Semeta,Hardy 2nd Wednesday,Central Library(Room TBD),6:00 PM
7. Wintersburg Task Force Hardy,Carr As Needed
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CITY OF HUNTINGTON BEACH
COUNCIL COMMITTEES
Council omm1ttee s : jCouncil Committee Members ;'Meeting Date/Place
1. Beautification,Landscape,&Tree Hardy,Deigierze,Brenden 4th'rues,Public Works Cont.Rm,4:30 PM
2. Communications Committee Peterson,Semeta,Brenden 45 Monday,3:00 PM,Quarterly; January,April,July,
October
3. Downtown Task Force Semeta,Delgleize,Hardy As needed
4. Economic Development Committee (Mayor,Mayor Pro Tern,immediate rd Wed.,8-8,2:00 PM(EDC)
Past Maya-prescribed)
Peterson,Semeta,Posey
Downtown -Same as above Quarterly(Jan.,Apr.,July,Oct.)13-8,2:00 PM(Downtown
Issues)
5. Homeless Task Force(Ad Hoc) Delgleize,Semeta,Brenden As needed
6. Intergovernmental Relations Peterson,Semeta,Hardy 4th Wednesday,4t Floor,CR#1,4:00 PM
7. Oversight Board Posey,Peterson(Mayor's As needed
appointee&OCSD rep.)
8. Santa Ana River&Parkway Comm. Posey,Carr As needed
9. School District/City Meeting Hardy,Brenden 2^d Monday,Quarterly(March,June,September,
December),5:00 PM.Room B-8
10. Southeast Area Peterson,Hardy,Semeta 4th Wednesday,every two months(January,March,May,
July,September,November)at 4:30 PM
11. Strategic Plan Committee(Ad Hoc) Semeta,Peterson,Delgleize As needed
12. Sunset Beach Area Posey,Peterson,Hardy _As needed(Room 13-8)
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COMMUNITY®IONAL AGENCIES AND COMMITTEES(Appointed by Mayor)
Name of Agency/Committee `Appointee Meeting Times
1. California Coastal Coalition Board Posey,Brenden 2-3 meetings/year,various places
2. HB Chamber Legislative Affairs Committee Posey,Brenden 4d'Wed.8:00 AM,Chamber of Commerce office,2134
Main St.,Suite 100
3. Visit Huntington Beach Board Meeting Semeta,Delgleize(Alternate) Last Tuesday of Month,3:30 PM,(Location changes
to different hotels). (Possible revisions for 2019)
4. League of California Cities,Coastal Cities Hardy Monthly as scheduled by the State League. May go
Group to bi-monthly
5. Orange County Coastal Coalition Carr (Day&Month—TBD),9:00 AM,Newport Beach
Library,1000 Avocado Ave.
6. O.C.Council of Governments OCCOG **Semeta;Posey(Alternate) 4'^Thurs,10:30 AM,Monthly,Irvine City Hall,City
Council Chambers,1 Civic Center Plaza,Irvine
7. Q.C.Sanitation District **Peterson;Posey(Alternate) 4d'Wed,6:00 PM,Sanitation District,Fountain Valley,
$212.50 per meeting (Plus Committee assigned by Chair)10844 Ellis Ave.,
8. O.C.Vector Control District Posey 3ro Thurs,3:00 PM.,13001 Garden Grove Blvd.
$100 per meeting
9. OCTA Board of Directors Meeting Delgleize(as elected by City 2nd&40'Monday,9:00 AM,OCTA Headquarters,550
$100 per meeting Selection) S.Main St.,Orange—Conf.Room 07-08
10. Public Cable Television Authority(PCTA)* Brenden,Semeta 3rd Wednesday,9:00 AM
$100 per meeting Fountain Valley City Hall,Cont.Room 1
11. Santa Ma River Flood Protection Agency Delgleize,Brenden(Alternate) 4d'Thurs,4:00 PM,O.C.Water District Office,18700
(SARFPA) Ward St.,Fountain Valley-Executive Committee
Meetings:January,March,May,July,September,
Full Agency Meetings: June,November
12. Southern California Association of **Semeta 191 Thurs,SCAG Offices,Downtown L.A.,9:00 AM—
Governments(SCAG)District 64 2:00 PM
Delegates$120 per meeting
13. West O.C.Water Board(WOCWB) Posey,Hardy 3rd Wednesday,4:00 PM,(January,April,July and
$100 per quarterly meeting October),Utilities Operations Building.19001
Huntington St.
**Change
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CITY COUNCIL APPOINTMENTS BY STATE®IONAL AGENCIES
(FOR INFORMATIONAL PURPOSES ONLY)
Name of Agency/Committee ::.,;Appointments
1. City Selection Committee—Held with League of Cities O.C.Division Meeting Mayor or Council Member designee(prescribed)
2. League of California Cities—xcutive Steering Committee,Orange County Division
3. League of California Cities—Housing,Community and Economic Development Policy Committee
(Meetings occur quarterly Jan,Apr,June,&Sept.Thurs.
4. League of California Cities—Public Safety Policy Committee
(Meetings occur quarterly:Jan,Apr,June,&Sept.Thurs.
5. League of California Cities—Community Services Policy Committee
(Meetings occur quarterly:Jan,Apr,June,&Sept.Thurs.
6. League of California Cities—Administrative Services Policy Committee
7. Orange County Transportation Authority Board (2&4 Monday each month at 9:00 AM)
Contact: Wendy Knowles at 560-5676
8. OCTA Citizen Advisory Committee
9. SCAG Transportation&Communications Committee
1^�Thurs,10 am,SCAG Offices,Downtown L.A.
10. SCAG—Community,Economic,&Human Development
1"Thurs,10 am,SCAG Offices,Downtown L.A.
11. Orange County Waste Management Commission
Meets quarterly-2m Thursday in March,June,September&December
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Annual Appointment to the City of Huntington Beach Agencies/Authorities/Corporations
December 2018—December 2019
There is no remuneration for serving or attending meetings
Huntington Beach Housing Authority P blic Financing Authority
Chairperson: Erik Peterson Chair: Erik Peterson
Vice Chairperson: Lyn Semeta Vice Chair: Lyn Semeta
Commissioners: Patrick Brenden,Kim Carr,Barbara Delgleize, Directors: Patrick Brenden,Kim Carr,Barbara Delgleize,Jill Hardy,
Jill Hardy,Mike Posey Mike Posey
Executive Officer. Fred A.Wilson Executive Director; Fred A.Wilson
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
Parking Authority Successor Agency to the Former Redevelopment Agency of
President: Erik Peterson the City of Huntington Beach
Vice President: Lyn Semeta Chairperson: Erik Peterson
Directors:Patrick Brenden,Kim Carr,Barbara Delgleize, Vice Chairperson: Lyn Semeta
Jill Hardy,Mike Posey Commissioners: Patrick Brenden,Kim Carr,Barbara Deigleize,Jill Hardy,
Chief Executive Director: Fred A.Wilson Mike Posey
Authority Treasurer: Alisa Backstrom Executive Director: Fred A.Wilson
Authority Secretary: Robin Estanislau Agency Treasurer: Alisa Backstrom
Legal Advisor: Michael E.Gates Agency Clerk: Robin Estanislau
General Legal Counsel; Michael E.Gates
Page 123
` _� '!IC 1 P j /i ' e
Page 124
Res. No. 2019-09
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 18, 2019 by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Hardy
NOES: None
ABSENT: Brenden, Delgleize
RECUSE: None
il.g20411 ed/44/4,444,
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
RECENED FROM
AS ruiUC RECORD F p c .MEEsin
Cos Angeles Zimes Cr ,
s CITY C
ROSIN ESTANISUU,CITY CLERK
HU TIN GTO\ BEACH : City Changes Way Mayors Are
Chosen
BY JOHN PENNER
SEPT. 5, 1991 12 AM PT
The City Council this week overhauled its method for choosing a mayor and mayor pro
tem, a change that proponents argue will favor seniority rather than politics in choosing
the city's ceremonial chief.
Under the new mayoral selection process, Jim Silva, as the current mayor pro tem, will
advance automatically to become mayor at the council's annual reorganizational
meeting in December.
Councilwoman Grace Winchell will become the new mayor pro tern--in line to become
mayor in December, 1992--because she has served the longest consecutive tenure
among council members who have not been mayor during the past four years. Winchell,
who has been a councilwoman since 1986, has never been chosen mayor or mayor pro
tem by her colleagues.
In the past, council members have chosen their mayor and mayor pro tern each year by
a majority vote. Invariably, the selection process has been an exercise in political
maneuvering. To become mayor, a council member has had to work behind the scenes
to line up three colleagues.
Under the new method, council members enter a rotational system, based on seniority,
to decide who will be mayor. Each year, the sitting mayor pro tern will take over as
mayor and the council member who has served the most consecutive years on the
council will become mayor pro tern. No council member, however, may serve as mayor
twice within four years.
If two council members have the same number of years' experience, the member who
received the most votes during the most recent council election becomes mayor pro tem.
Winchell, in endorsing the change, argued that the traditional mayoral selection process
has been divisive.
"I really believe it has been destructive to the council," she said. "We have enough
problems with a (council) election every two years. But to throw in a mayoral election
right after takes us away from the business we should be concerning ourselves with."
Mayor Peter M. Green had proposed the change last year, soon after he had been chosen
mayor pro tern, but the council narrowly rejected it. Upon reviving the issue this week, it
was approved by a 6-1 margin.
Moore, Tania
From: Andrea Guzman <anguuzmann@gmail.com>
Sent: Tuesday, December 6, 2022 3:23 PM
To: supplementalcomm@surfcity-hb.org
Subject: Re: Dec 6 Meeting
To whom this may concern,
My name is Andrea Guzman and I am a resident of Orange County. I urge the council to honor past practice and select
Dan Kalmick as the new Mayor of Huntington Beach. It is the right thing to do.
Best,
Andrea Guzman
714.809.9079
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