HomeMy WebLinkAboutOrdinance 3924 Amending Title 2 of the Huntington Beach Muni ROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS. __CiTYOF HUNTINGTON.
COUNTY OF ORANGE ) BEACH
t LEGAL NOTICE
r' ORDINANCE NO.3924
j Adopted byy the Citfyy
I am a citizen of the United States and a Ccyncilon 0VEMBER
7;2011..
"ANresident of the Count of Los An eles; I i CIT ORDINANCE IN THE
y g j CITY, Of HUNTINGTON
am over the age of eighteen years, and BEACH AMENDING TITLE
2 OF THE HUNTINGTON
not a party to or interested in the notice BEACH BY".AMENNDINGDING RV CODE
VARIOUS
SECTIONS THEREOF
published. I am a principal clerk of the PERTAINING TO THE'AL-
HUNTINGTON BEACH LIED ARTS BOARD, THE
rENV6RON,MENTAL
BOARD, THE HISTORIC'
INDEPENDENT, which was adjudged a kRESOURCES. BOARD,
newspaper of general circulation On :THE .Hi'AND THEE M MOBIOBI 'BOARD
LE HOME'
i ADVISORY
September 29, 1961, case A6214, and "SYNOPSISBOARD."
�PURSUJune 11, 1963, case A24831, for the COUNCILN DIRECTIOTO N AT'
City of Huntington Beach, y THE MEETING O
CTO-
CiOunt Of BER 3,2011,THIS ORDIDI-�
'NANCE IMPLEMENTS!
Orange, and the State of California. I THE CHANGES TO FIVE[
BOARDS
Attached to this Affidavit is a true and !.PASSED AND ADOPTED
complete co as was printed and by the city council of
p copy p �the City of Huntington'
published on the following dates): ing Beach held a regular meet
2011 by heVe olowi g'
roll call vote:
Thursday, November 17, 2011 iAYES: .Shaw, Bohr,
Dwyer,Boardman
4NOESi Harper, Hansen,
I Carchio.
ABSTAIN:None
ABSENT:None -
'THE FULL TEXT OF THE
I certify (or declare) under penalty ORDINANCE IS AVAIL-
ABLE IN THE. CITY•
of perjury that the foregoing is true CLERK'S OFFICE.
p ) ry g g This ordinance is eff®c-,
and correct. rive days offer
adoption.
CITY OF HUNTINGTON
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,.
CA 92648
Executed on November 21 , 2011 714-63
dOAN L.FLYNN,N CITY
CI
at Los Angeles, California CLERK
Published Huntington
Beach Independent'No.
vember 17,2011 _ __
�9
Signature
Council/Agency Meeting Held: /ah I-I&/1
Deferred/Continued to: aml?) //1;Z-1-201
Approv2d ❑ Conditio Denied Cii C rk' ignoe
L
4
Council Meeting Date: October 17, 2011 Departmen Number: AD 11-027
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Fred A. Wilson, City Manager
SUBJECT: Approve for Introduction Ordinance No 3924 amending Title 2 of the
Huntington Beach Municipal Code by amending various sections
pertaining to The Allied Arts Board, The Environmental Board, The
Historic Resources Board, The Library Board and The Mobile Home
Advisory Board
Statement of Issue: Pursuant to City Council direction at the meeting of October 5, 2011,
attached is an ordinance implementing the changes to five Boards.
Financial Impact: N/A
Recommended Action: Motion to:
Approve for introduction Ordinance No 3924, "An Ordinance of the City of Huntington Beach
Amending Title 2 of the Huntington Beach Municipal Code by Amending Various Sections
Thereof Pertaining to The Allied Arts Board, The Environmental Board, The Historic
Resources Board, The Library Board and The Mobile Home Advisory Board."
Alternative Action(s):
Do not approve and provide direction to staff.
HB -117- Item 11. - I
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/17/2011 DEPARTMENT ID NUMBER: AD 11-027
Analysis: The Intergovernmental Relations Committee (IRC) is reviewing the City's
sixteen Boards and Commissions. On August 9, 2011, the Committee reviewed the Allied
Arts Board, Environmental Board, Historic Resources Board, Library Board, and Mobile
Home Advisory Board.
The IRC's recommended changes were presented to the City Council at the September 6,
2011, Study Session. The Council voted on the recommendations at the October 3, 2011,
meeting and requested an ordinance reflecting the changes be developed. (Attachment 1)
The changes are as follows:
Allied Arts Board
Require that at least one member of the Board be a member of the Art Center Foundation
and keep the four-year terms with no term limits.
Environmental Board
Keep the four-year terms with no term limits.
Historic Resources Board
Reduce the number of board members from a maximum of eleven members, to between
seven and a maximum of nine members, and keep the four-year terms with no term limits.
Library Board
Keep the four-year terms with no term limits and discontinue the $15 per meeting stipend.
Mobile Home Advisory Board
Change the membership requirements from 3 park owners, 3 park residents, and 3 at-large
members to 3 park owners or their designees (designees will go through the same
appointment process as all other appointed members), 3 park residents, and 3 at-large
members.
Environmental Status: N/A
Strategic Plan Goal: Maintain financial viability and our reserves
Attachment(s):
1. Ordinance No. 3924, "An Ordinance of the City of Huntington Beach Amending
Title 2 of the Huntington Beach Municipal Code by Amending Various Sections
Thereof Pertaining to The Allied Arts Board, The Environmental Board, The
Historic Resources Board, The Library Board and The Mobile Home Advisory
Board."
Item 11. - 2 HB -1 t 8-
ATTACHMENT # 1
ORDINANCE NO. 3924
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY
AMENDING VARIOUS SECTIONS THEREOF PERTAINING TO THE ALLIED ARTS
BOARD, THE ENVIRONMENTAL BOARD, THE HISTORIC RESOURCES BOARD, THE
LIBRARY BOARD,AND THE MOBILE HOME ADVISORY BOARD
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 2.101.030 of the Huntington Beach Municipal Code, relating
to the composition of the Allied Arts Board,is hereby amended to read as follows:
2.101.030 Composition. The Board shall be composed of nine members
appointed by the City Council by a majority vote. At least one member of
the Board shall be a member of the Art Center Foundation. Notwithstanding
any other provision of this Municipal Code, there shall be no limit on the
number of consecutive terms a Board member may serve. The term of
office of the board members shall be four years. Members shall hold no
paid office or employment in the city government while serving on such
board. If the City Council determines that a member be retired, it may so
order and appoint a successor for the unexpired term of office of such
retired member. Further, members shall be privileged to retire voluntarily
from the Board at any time, successors to be appointed in such cases for the
unexpired terms of office, and also in the event of other occurring vacancies
from whatever cause, by the City Council by a majority of votes.
Regular attendance at meetings is required of all members to enable the
Board to discharge its duties. A member absent from three (3) meetings in a
fiscal year shall be deemed to have resigned from the Board, and immediate
notification shall be given to the Mayor and City Council of such vacancy.
Under extreme situations, the Board may consider a request for
reconsideration.
SECTION 2. That Section 2.102.020 of the Huntington Beach Municipal Code, relating
to the composition of the Environmental Board, is hereby amended to read as follows:
2.102.020 Composition. The Environmental Board shall consist of not
more than nine voting members, all appointed by the City Council. All
members shall be residents of the City of Huntington Beach, and over one-
half of the members shall be registered voters of the City of Huntington
Beach. All members shall serve without compensation, and none shall hold
any office or employment in the city government.
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11-3082/71176
Ordinance No. 3924
The members shall serve a term of four years. Members shall have a term
starting July 1 and expiring June 30, and present members shall continue in
office until June 30 of the year of expiration of term. Each member shall
serve his term until his successor is qualified and appointed. If vacancies
shall occur otherwise than by expiration of term, they shall be filled by
appointments for the unexpired portion of the term. Notwithstanding any
other provision of this Municipal Code, there shall be no limit on the
number of consecutive terms a Board member may serve.
SECTION 3. That Section 2.107.010 of the Huntington Beach Municipal Code, relating
to the establishment of the Historic Resources Board, is hereby amended to read as follows:
2.107.010 Establishment. There is hereby established the Huntington
Beach Historic Resources Board, to consist of not less than seven (7) nor
more than nine (9)members,to be appointed to serve terms of four years.
SECTION 4. That Section 2.107.040 of the Huntington Beach Municipal Code, relating
to the operating policies of the Historic Resources Board, is hereby amended to read as follows:
2.107.040 Operating policies. The board shall conform to the operating
policy for boards and commissions as contained in the Huntington Beach
Municipal Code, except that notwithstanding any other provision of this
Municipal Code, there shall be no limit on the number of consecutive terms
a Board member may serve.
SECTION 5. That Section 2.84.010 of the Huntington Beach Municipal Code, relating to
the establishment of the Library Board, is hereby amended to read as follows:
2.84.010 Library and Library Board established.
(a) A public library is established in and for this city, the inhabitants
thereof, and nonresident taxpayers.
(b) An advisory library board is established in and for the city composed of
seven (7) members who shall be appointed, from the electors of the city, by
the Mayor with the approval of the City Council. Members shall serve
without compensation, and shall hold no paid office or employment in the
city government while serving on such board.
SECTION 6. That Section 2.84.090 of the Huntington Beach Municipal Code, relating to
the operative policy for the Library Board, is hereby amended to read as follows:
2.84.090 Operative Policy. The board shall conform to the policy for
boards and commissions as contained in Chapter 2.100 of the Huntington
Beach Municipal Code, except that notwithstanding any other provision of
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11-3082/71176
Ordinance No. 3924
this Municipal Code, there shall be no limit on the number of consecutive
terms a Board member may serve.
SECTION 7. That Section 2.112.030 of the Huntington Beach Municipal Code, relating
to the composition of the Mobile Home Advisory Board, is hereby amended to read as follows:
2.112.030 Composition. The Mobile Home Advisory Board shall consist of
nine (9) members. All members shall be appointed by the City Council.
The Board shall be comprised of three (3) Huntington Beach mobile home
park owners or their designated nominees (who may or may not reside in
Huntington Beach), three (3) Huntington Beach mobile home resident
owners, and three (3) Huntington Beach independent citizens-at-large who
have no affiliation or relationship with mobile home parks.
SECTION 8. That this ordinance shall become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 t h day of November , 2011
ATTEST:
jv� APPROVED AS TO FORM:
Ocity Clerk Vf�
1,2
City Attorney
REVIE APPROVED: l
�A M ager
3
11-3082n i 176
Ord. No. 3924
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on October 17,2011, and was again read to said City Council at a
regular meeting thereof held on November 07, 2011, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Bohr, Dwyer, Boardman
NOES: Harper, Hansen, Carchio
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 17,2011.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk C Clerk and ex-officio Vlerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
KEY
INSERTIONS: Double underline
DELETIONS &tFW gI4
ORDINANCE NO. 3924
LEGISLATIVE DRAFT
CHAPTER 2.101
2.101.030 Composition. The Board shall be composed of nine members appointed by the City
Council by a majority vote. At least one member of the Board shall be a member of the Art
Center Foundation. Notwithstanding any other provision of this Municipal Code there shall be
no limit on the number of consecutive terms a Board member may serve The term of office of
the board members shall be four years. Members shall hold no paid office or employment in the
city government while serving on such board. If the City Council determines that a member be
retired, it may so order and appoint a successor for the unexpired term of office of such retired
member. Further, members shall be privileged to retire voluntarily from the Board at any time,
successors to be appointed in such cases for the unexpired terms of office, and also in the event
of other occurring vacancies from whatever cause, by the City Council by a majority of votes.
Regular attendance at meetings is required of all members to enable the Board to discharge its
duties. A member absent from three (3) meetings in a fiscal year shall be deemed to have
resigned from the Board, and immediate notification shall be given to the Mayor and City
Council of such vacancy. Under extreme situations, the Board may consider a request for
reconsideration.
CHAPTER 2.102
2.102.020 Composition. The Environmental Board shall consist of not more than nine voting
members, all appointed by the City Council. All members shall be residents of the City of
Huntington Beach, and over one-half of the members shall be registered voters of the City of
Huntington Beach. All members shall serve without compensation, and none shall hold any
office or employment in the city government.
The members shall serve a term of four years. Members shall have a term starting July 1 and
expiring June 30, and present members shall continue in office until June 30 of the year of
expiration of term. Each member shall serve his term until his successor is qualified and
appointed. If vacancies shall occur otherwise than by expiration of term, they shall be filled by
appointments for the unexpired portion of the term. Notwithstanding any other provision of this
Municipal Code, there shall be no limit on the number of consecutive terms a Board member
may serve.
1
11-3082/71179
KEY
INSERTIONS: Double underline
DELETIONS S`r;'��� 4Feueugh
CHAPTER 2.107
2.107.010 Establishment. There is hereby established the Huntington Beach Historic Resources
Board,to consist of not less than seven(7) nor more than nine 9 i7 members, to be
appointed to serve terms of four years.
2.107.040 Operating 12olicies. The board shall conform to the operating policy for boards and
commissions as contained in the Huntington Beach Municipal Code, except that notwithstanding
any other provision of this Municipal Code, there shall be no limit on the number of consecutive
terms a Board member may serve.
CHAPTER 2.84
2.84.010 Library and Library Board established.
(a) A public library is established in and for this city, the inhabitants thereof, and nonresident
taxpayers.
(b) An advisory library board is established in and for the city composed of seven (7)
members who shall be appointed, from the electors of the city, by the Mayor with the
approval of the City Council. Members shall serve without compensation, and shall hold
no paid office or employment in the city government while serving on such board.
2.84.090 Operative Policy. The board shall conform to the policy for boards and commissions
as contained in Chapter 2.100 of the Huntington Beach Municipal Code:, except that
notwithstanding any other provision of this 1Vlunicipal Code, there shall be no limit on the
number of consecutive terms a Board member may serve
CHAPTER 2.112
2.112.030 Composition. The Mobile Home Advisory Board shall consist of nine (9) members.
" s All members shall be appointed by the City Council. The Board shall be comprised
of three (3) Huntington Beach mobile home park owners or their designated nominees (who may
or may not reside in Huntington Beach),three (3) Huntington Beach mobile home resident
owners, and three (3) Huntington Beach independent citizens-at-large who have no affiliation or
relationship with mobile home parks. All ffiember-s shall be seleeted by the City Gethneil freffl.
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11-3082/71179
COMMUNICATION
RECEIVED REGARDING AGENDA ITEM:
ORDINANCE NO. 3924 AMENDING TITLE 2 OF THE HBMC
BY AMENDING VARIOUS SECTIONS THEREOF PERTAINING
TO VARIOUS BOARDS
Esparza, patty
From: Van Dorn, Kathy on behalf of Fikes, Cathy
Sent: Tuesday, October 18, 2011 5:14 PM
To: Esparza, Patty
Subject: FW: 10/17/11 Agenda Item#11 -MH Advisory Board
Johanna said to forward this to you. Kay
From: Vickie Talley [mailto:vickie@talleyassoc.com]
Sent: Monday, October 17, 2011 12:25 PM
To: Carchio, Joe
Cc: Fikes, Cathy
Subject: 10/17/11 Agenda Item #11 -MH Advisory Board
Dear Mayor Carchio,
The Manufactured Housing Educational Trust(MHET) does not support the continuance of the city's Mobile
Home Advisory Board. It is a total waste of taxpayer resources to continue to provide staff support and other
city resources to a committee that is dysfunctional, at best.
The proposed ordinance keeps the same 9 member make up with one change - allowing park owners to have
designees that does not have to live in the city represent them on the Board. Given that the Board has operated
with no park owner participation for at least five years, this would seem to be an improvement and is certainly
more fair, but only if the "independent" members of the Board are truly independent, which unfortunately has
rarely been the case in the past.
We understand that this issue has been discussed by the council at previous meetings and that the proposed
changes in the ordinance is on tonight's consent calendar.
We would have to agree that this change is better than no change at all.
Thank you for your consideration,
Vickie
Vickie Talley, Executive Director
MHET
Manufactured Housing Educational Trust
25241 Paseo de Alicia, Suite 120
Laguna Hills, California 92653
Phone: (949)380-3303
Facsimile: (949)380-3310
Email:vickie@mhet.com
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MHET has been working to protect mobile home park owners' property rights since 1982! If you are not a member, please ask me
about joining today!
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