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Att#1 - Reso No. 1463 Council Rules and Procedures

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September 6, 2022

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Att#1 - Reso No. 1463 Council Rules and Procedures
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September 6, 2022
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ATTACHMENT 1
RESOLUTION No. 1463

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HUNTINGTON BEACH ESTABLISHING

RULES FOR THE CONDUCT OF VOTING AT CITY

COUNCIL MEETINGS
WHEREAS, it is appropriate and convenient to set out,
in resolution form, procedural rules for the City Council of the City of Huntington Beach, relating to voting on mo- tions, resolutions and ordinancas.

NOW THEREFORE BE IT RESOLVED by the City Council of
the City of Huntington Beach:

Section 1. Any vote of a member of the City Council,
including a roll call vote, may be registered by a member of the City Council by answering "Yes" for an affirmative vote or "No" for a negative vote upon his name being called by the City Clerk, or any Councilman may vote upon any mo- tion, resolution or ordinance, including a roll call vote, by pressing a switch to cause a green light to show for an affirmative vote or a red light to show for a negative vote, upon the vote being called for by the Mayor. The result of any vote registered by means of a lighting system shall be audibly announced by the City Clerk and recorded in the min- utes as the vote of the City Council.

Section 2. The vote of each member of the City Council

1. Res. No. 1463
voting, shall be recorded for each resolution and ordinance but the vote of the individual members on motions, shall not be recorded by the Clerk unless a roll call vote is requested by any member of the City Council or any member of the City Council requests that the vote of each councilman be recorded.

PASSED AND ADOPTED by the City Council of the City
of Huntington Beach, California, this 20th. _ day of February, 1961.

Emet Millen
ATTEST:

Paul C enco
City

2. Res. No. 1463

STATE OF CALIFORNIA )
County of Orange ) SS

CITY OF HUNTINGTON BEACH )
I, PAUL C. JONES, the duly elected, qualified and act-
ing City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do hereby certify theat the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing resolu- tion was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of February, 1961, by the following 1o1l call vote:

AYES: Councilmen:

Wells, Lambert, Stewart, Gisler
NOES: Councilmen:

None
ABSENT: Councilmen:

Waite
Paul Crea
ex-officio Clerk of the
City Council of the City of Huntington
Beach, California

3. RESOLUTION NO. 2539

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HUNTINGTON BEACH ESTABLISHING RULES OF

ORDER AND PROCEDURE IN THE CONDUCT OF COUNCII
MEETINGS AND REPEALING RESOLUTION NO. 2410.

WHEREAS, It has been determined by the council that
definite rules of order to conduct meetings should be passed; and
WHEREAS, it has been determined by the council that
definite rules of order should be defined to conduct the nomination and election of officers of this body; and
WHEREAS, it has been determined by the council that
definite procedures should be established to select members to any boards or agencies to which this Council has the power to appoint,

WHEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY RESOLVE:

Subject to any provisions in the City Charter to the
contrary, the following Rules of Procedure are adopted:

1. When a motion is made it shall be stated by the
Mayor before debate. A motion may ke withdrawn by the mover thereof with the approval of the council.
(a) Motions out of order. The Mayor may at any
time by majority consent of the members, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

1. RES NO. 25:39
(b) Division Of Question. If the question contains
two or more divisionable propositions, the Mayor may, and upon request of a member, shall, (unless appealed) divide the same.
(C) Second. No motion made shall require a second.

2. Precedence of Motions. When a a motion is before
the council, no motion shall be entertained except (a) to adjourn, (b) to fix hour of adjournment, (c) to lay on the table, (a) for the previous question, (e) to postpone to a certain day, (I) to refer, (g) to amend, and (h) to postpone indefinitely. These motions shall have precedence in the order indicated.
(a) Motion to Adjourn. (not debatable) A motion to
adjourn shall be in order at any time, except as follows:
(a) When repeated without intervening business or discuss- Ion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. A motion to adjourn "to another time" is debatable only as to the time to which the meeting is adjourned.
(b) Motion to fix hour of Adjournment. purpose is
to set a definite time at which to adjourn. Undebatable and unamendable except as to time set.
(c) Motion to Table. Purpose is to temporarily by-
pass the subject. A motion to lay on the table is undebata- ble and shall preclude all amendments or debate of the

2. Res. NO. 2539
subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting.
(d) Motion for Previous Question. Purpose is to
close debate on main motion. Undebatable. Just shouting "Question" does not accomplish the same thing. If motion fails, debate 1s reopened; If motion passes, then vote on the main motion.
(E) Motion to Amend. (debatable only as to amendment)
A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not, An amendment modifying the intention of a motion is in order, but an amendment re- lating to a different matter shall not be in order. A substi- tute motion on the same subject is acceptable. Amendments are voted first, then the main motion as amended.
(I) Motion to postpone. A motion to postpone in-
definitely is fully debatable and if the same is adopted, the principal question shall be declared lost. Motions to postpone to a definite time are amendable and debatable as to propriety of postponment and time set. Motions to "Refer" are similarly not debatable for the propriety of referring.

3. Voting. on the passage of every motion, the
vote shall be taken by voice or roll call, or in accordance with Resolution No. 1463, and entered in the record.
(a) Boll Call. Upon demand of any member, made
before the negative has been put, the roll call shall be called for yeas and nays upon any question before the council,

3. Res. No. 2539
It shall not be in order for members to explain their vote during the roll call. Any member may change his vote before t the next order of business.
(b) Failure to vote. Every member should vote un-
less disqualified for cause accepted by vote of the council or by opinion of the City Attorney. Self-disqualification without approval, which results in a tie vote should be avoid- ed as thwarting council action, but no councilmen can be fora- ed to vote.
(1) The abstainer, in effect, 'Consents' that a
majority of the quorum may act for him.
(2) Tie votes are "lost' motions, and may be
reconsidered later.

4. Reconsideration. Any member who voted with the
majority may move a reconsideration of any action at the same, (or "having entered on the minutes" for vote at the next suc- ceeding) meeting, providing no legal rights have intervened to create an estoppel. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.

5. Personal Privilege. The right of a member to ad-
dress the council on a question of personal privilege shall be limited to cases in which his integrity, character or mo- tives are questioned, or to where the welfare of the council is concerned; may interrupt another speaker if the chairman recognizes the "privilege".

4. Res. NO. 2539

6. Appeal. Any decision or ruling of the Mayor
may be appealed by request of any member. The Mayor shall call for roll call to see if the Chair shall be upheld. If the roll call loses, the Mayor is reversed.

5. Bes. No. 2539

7. The following chart will show this type of action which may be taken on the specific motions therein mentioned.

CHART OF PROCEDURE
(selected motions
priority over Reconsid-Interrupt
Type of Motion Debatable Amendable pending Motion ered Speaker : : : :

Ad journ sine die! : : :

Amend or Substitute : Y Y Y
Appeal : : : : Y
Limit Debate : : :
: ¿except "table":
:

Main Motion Y
Nominations
:

Personal Privilege
or Point of Order Y
Postpone to
Time Certain
Previous Question Y
Recess or Adjourn
to Time Certain
deconsider *2 : *3
Table or Take from :

Table y*4
Tale Up Out of
Order
Withdraw a Motion : :
*5 : : I
I - Indicates that this action can be taken, is necessary, 1s required or 1s applicable.

No Mark - Indicates that this action cannot be taken, is unnecessary or is inapplicable.
#1 - This motion may only be made by a person who voted on the prevail- ing side and is not applicable to 'table' motions.
*2 - if prior motion was.
*3 - except for request for later action.
- highest subsidiary motion - takes precedence over all actions except adjourn and privilege.
*5 - must be voted unless no objection.
7a. In all matters of procedure which are not covered and provided for in any resolution or ordinance of the City, the procedure as contained in'Roberts Bules of Order', as Revised, shall control.

6. Res. No. 2539

8. NOMINATION AND ELECTION. Nomination and election
for the offices of Mayor and Vice-Mayor to serve the City for any ensuing year shall be held during the second regular meet- ing of the City council of Huntington Beach, in the month of April, each year.

At the time set for nomination and election,
the Mayor and Vice-Mayor shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order, and proceed to conduct nominations for the office of Mayor.
(b) Any member may nominate any other member, no
seconds being required, and nominations shall be open until a motion to close shall be passed and adopted.
(c) The vote shall then be conducted on the nomi-
nees by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot. If this second alternative is in effect, no "write in" vote may be cast, and the nominee securing the highest number of votes shall be declared the Mayor and shall then preside over the session.
(e) The Mayor and Vice-Mayor, following such prop-
er election, shall serve for terms of one year and until such time as their successors have been elected and qualified and installed.

9. Appointments. When a vacancy occurs for any
reason on any board or agency over which the Council has the power to fill by appointment, the following procedures shall be followed to fill said vacancy.
(a) At the first council meeting following notifi-
cation to the Council of such vacancy, a public announcement shall be made of said vacancy and a request made for any interested persons to submit a resume of their qualifications to the council prior to the next regular meeting of the council. (b) The Council shall as soon as is reasonably

7. Res. NO. 2539
possible, fill any such vacancies but nothing herein shall be construed to limit their choice to a person who has submitted an application as outlined above.

10. That Resolution 2410 is hereby repealed.

PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, this 20th day of March
1967.
le a lent.

ATTEST:

APPROVED AS TO FORM:

City Attorney

8. Res. No.2539

STATE OF CALIFORNIA
COUNTY OF ORANGE SS:

CITY OF HUNTINGTON BEACH
I, PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th
day of March , 19_67, by the following vote:

AYES: Councilmen:

Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen:

None
ABSENT: Councilmen:

None
Pane Nanca
City Clerk and ex-officio Clerk
the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 3164

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING SECTION 8 OF
RESOLUTION NO. 2539 ENTITLED, "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON

BEACH ESTABLISHING RULES OF ORDER AND PROCE-

DURE IN THE CONDUCT OF COUNCIL MEETINGS AND
REPEALING RESOLUTION NO. 2410"
The City Council of the City of Huntington Beach does hereby amend Section 8 of Resolution No. 2539 to read as follows:

8. NOMINATION AND ELECTION. Nomination and election for the offices of mayor and mayor pro-tempore, pursuant to Section 504 of the Charter, shall follow the foilowing procedure:
(a) At the time set for nomination and election, the
mayor and vice mayor shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an election for the office of mayor.
(b) Any member may nominate any other member, no seconds being required, and nominations shall be open until a motion to close shall be adopted.
(c) The vote shall then be conducted on the nominees
by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot.
(d) All votes on nominees shall be by secret ballot.
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as failure to vote.
(f) In case of a tie for the second highest vote, run-off ballots on such tie nominees shall be cast to break the tie. The tie is broken when one tie nominee receives the highest number of votes cast on such ballot. When such tie is broken, a vote shall be taken on the nominee who has the highest vote and the tie- breaking nominee.
(g) In case of a tie of more than two (2) nominees for
the highest vote, a vote shall be taken on such tie nominees, eliminating all others.

1. (h) All run-off or tie-breaking ballots are subject to the same elimination rules as apply to the first ballot. (1) Successive ballots shall be cast until a nominee
is elected.
(j) A nominee shall be elected at any time such nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition.
(k) Each member shall be entitled to nominate one
nominee for each office. No member shall nominate himself.

A mayor pro-tem shall then be selected by the same
process as set forth in this section for the office of mayor. election, shall seme for temy of oo-tear and with such toper one vear and unti as their successors have been elected and qualified and installed.

PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting held on the 2lst day of April, 1970.

N. Acher I.V. Greasel
Mayor
ATTEST:

Que lonco
City CIerk
APPROVED AS TO FORM:

City Attorney

2. Res. No.

STATE OF CALIFORNIA
COUNTY OF ORANGE HUNTANGTON BEACH! SS: SS:

CITY OF HUNTINGTON BEACH
I, PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 21st day of April _ 19_70, by the following vote:

AYES: Councilmen:

Shipley, Bartlett, McCracken, Matney, Coen, Green
NOES: Councilmen:

None
ABSENT: Councilmen:

Kaufman
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 3306

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION
NO. 3164 RELATIVE TO CONDUCT OF COUNCIL MEETINGS

AT WHICH THE ELECTION OF MAYOR AND MAYOR PRO

TEMPORE IS HELD
The City Council of the City of Huntington Beach does hereby amend Section 8 of Resolution No. 3164 to read as follows:

8. NOMINATION AND ELECTION. Nomination and election for the offices of mayor and mayor pro tempore pursuant to Section 504 of the Charter, shall follow the following procedure:

At the time set for nomination and election, the
mayor and mayor pro tempore shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an election for the office of mayor.
(b) Any member may nominate any other member, no seconds being required, and nominations shall be open until a motion to close shall be adopted.
(c) The vote shall then be conducted on the nominees
by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot.
(d) All votes on nominees shall be by secret ballot.
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as failure to vote.
(f) In case of a tie for the second highest vote, run-off ballots on such tie nominees shall be cast to break the tie. The tie is broken when one tie nominee receives the highest number of votes cast on such ballot. When such tie is broken, a vote shall be taken on the nominee who has the highest vote and the tie- breaking nominee.
(g) In case of a tie of more than two (2) nominees for
the highest vote, a vote shall be taken on such tie nominees, eliminating all others.
(h) All run-off or tie-breaking ballots are subject to
the same elimination rules as apply to the first ballot.

1. (i) Successive ballots shall be cast until a nominee is elected.
(j) A nominee shall be elected at any time such nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition.
(k) Each member shall be entitled to nominate one
nominee for each office. No member shall nominate himself. (1) A mayor pro tempore shall then be selected by the
same process as set forth in this section for the office of mayor. (m) The mayor and mayor pro tempore following such
proper election, shall serve for terms of one year and until such time as their successors have been elected and qualified and installed. The annual election of mayor and mayor pro tempore shall be held at the time specified in Section 504 of the Charter, or, in years when no general or special municipal election is held, at the second regular council meeting in April.

PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th day of April = 1971.
seny a o matney
Mayor Pro Tempor
ATTEST:

APPROVED AS TO FORM:
city

2. Res. No. 3306

STATE OF CALIFORNIA
COUNTY OF ORANGE DE TUATANGTON BEACH 3 881

CITY OF HUNTINGTON BEACH
I, PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular. meeting thereof held on the 5th
day of April _ 19 71_, by the following vote:

AYES: Councilmen:

McCracken, Bartlett, Gibbs, Green, Coen, Matney
NOES: Councilmen:

None
ABSENT: Councilmen:

Shipley
Paue fonco
-officio Clerk
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 3664

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION
NO. 3164 RELATIVE TO CONDUCT OF COUNCIL MEETINGS

AT WHICH THE ELECTION OF MAYOR AND MAYOR PRO

TEMPORE IS HELD
The City Council of the City of Huntington Beach does hereby amend Section 8 of Resolution No. 3164, as amended by Resolution No. 3306, to read as follows:

8. NOMINATION AND ELECTION. Nomination and election for the offices of mayor and mayor pro tempore pursuant to Section 504 of the Charter, shall follow the following procedure:
(a) At the time set for nomination and election, the
mayor and mayor pro tempore shall vacate their respective ollices as such, and the City Clerk or other presiding officer shall call the Council to order and proceed to conduct an (b) Any member may nominate any other member, no
seconds being required, and nominations shall be open until a motion to close shall be adopted.
(c) The vote shall then be conducted on the nominees
by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot.
(d) All votes on nominees shall be by secret ballot.
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as failure to vote.

In the case of a tie for the second highest vote,
run-off ballots on such tie nominees shall be cast to break the tie. The tie is broken when one tie nominee receives the highest number of votes cast on such ballot. When such tie is one nomi her the has che highest broken, a vote shall be taken on the nominee who has the highest vote and the tie-breaking nominee.
(g) In case of a tie of more than two (2) nominees
for the highest vote, a vote shall be taken on such tie nominees, eliminating all others.

1. 1m
(h) All run-off or tie-breaking ballots are subject
to the same elimination rules as apply to the first ballot. (1) Successive ballots shall be cast until a nominee
is elected.
(j) A nominee shall be elected at any time such
nominee has a majority of votes cast on any ballot in which all nominees eligible for a final ballot are in competition. (k) Each member shall be entitled to nominate one
nominee for each office. No member shall nominate himself. (1) A mayor pro tempore shall then be selected by
the same process as set forth in this section for the office of mayor.
(m) The mayor and vice mayor pro tempore, following
such proper election, shall serve for a term of one year and until such time as their successors have been elected, qualified and installed. The annual election of the mayor and mayor pro tempore shall be held at the time specified in Section 504 of the Charter, or, in years when no general or special municipal election is held, at the second regular council meeting in April, or at such time on the day of the second regular council meeting in April as shall be publicly announced at the next immediately preceding regular council meeting.

PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd day of April, 1973.

Aloca 4. Chee
Mayor
ATTEST:

Espesteria Da Fabio
APPROVED AS TO FORM:

Attorney
Res. No. 3664

STATE OF CALIFORNIA
COUNTY OF ORANGE 88:

CITY OF HUNTINCION BRACK
I, ERNESTINA DI FABIO, the duly appointed, qualified Acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of sald City Council. at a regular meeting thereof held on the 2nd day
of April » 19 73 _ by the following vote:

AYES: Councilmen:

Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:

None
ABSENT: Councilmen:

None
Ernestua
Acting City Clerk and ex-officio
Clerk of the City Council of the
City of Hurtington Beach, Calif-
ornia
RESOLUTION NO. 4227

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING RESOLUTION NO. 2539
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HUNTINGTON BEACH ESTABLISHING RULES

OF ORDER AND PROCEDURE IN THE CONDUCT OF COUNCIL
MEETINGS AND REPEALING RESOLUTION NO. 2410,"
BY REPEALING SUBSECTION (c) OF SECTION 1
The City Council of the City of Huntington Beach does
hereby resolve as follows:

That Resolution No. 2539, entitled, "A Resolution of
the City Council of the City of Huntington Beach Establishing Rules of Order and Procedure in the Conduct of Council Meetings and Repealing Resolution No. 2410," is hereby amended by re- pealing subsection (c) of Section 1.

All other parts of said Resolution No. 2539 shall remain in full force and effect.

PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held on the 26th day of April, 1976.

Mayor
ATTEST: APPROVED AS TO FORM:

Alicia M. Dentorth Co
Attorney

LAS TO CONTENT NO FISCAL IMPACT -
Buddied Combend FISCAL IMPACT -- BUDGETED.

CITY ADMINISTRATOR
FISCAL IMPACT -- NOT BUDGETED _
DPB : ahb REQUIRES FINANCIAL IMPACT REPORT
Res. No. 4227

STATE OF CALIFORNIA
COUNTY OF ORANGE ) 88:

CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 26th_ day of April , 19. 76 - by the following vote:

AYES: Councilmen:

Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:

None
ABSENT: Councilmen:

Coen
Alicia M. Dentiworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California

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