The URL can be used to link to this page

Home My WebLink AboutApprove for Introduction Ordinance Number 3714 Repealing the o� F� Council/Agency Meeting Held: to Approved ❑ Conditionally Approved ❑ Denied Ci ler s Sig ure Council Meeting Date: 5/16/2005 Department D Number: CA 05-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYO ITY COUNCIL MEMBERS SUBMITTED BY: JENNIFER MCGRAT ITY ATTORNEY PREPARED BY: JENNIFER MCGRA #TY ATTORNEY SUBJECT: Adoption of Ordinance No.�` 1 Repealing HBMC Chapter 2.05 relating to Gifts to Local Officials E�i� issue,Funding source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: At the City Council meeting of May 2, 2005, Council directed the City Attorney to prepare an ordinance repealing the local gift ban ordinance. All designated officials and employees will still be subject to state law prohibitions on gifts. Funding Source: NIA Recommended Action: Approve Ordinance No.3>qL� Repealing Chapter 2.05 of the Huntington Beach Municipal Code Relating to Gifts to Local Officials. Alternative Action(s): Do not approve Ordinance No.3`l� Analysis: In 2003, the City Council, upon the recommendation of the City Attorney, amended the City's Gift Ban Ordinance, Huntington Beach Municipal Code Chapter 2.05. To avoid dual standards between state and local law, the amendment took a significant step toward mirroring state law gift ban limitations, but did not incorporate all of the provisions of state law. Specifically, the City Council set a different gift amount limitation and did not adopt all of the exceptions to the gift ban available under state law. Unfortunately, the 2003 amendment did not go far enough in alleviating the dual standards and necessity for elected officials and designated city employees from following two separate standards. By maintaining two different standards, it remains likely that an individual can fully comply with state law, yet violate the City's Municipal Code. REQUEST FOR ACTION MEETING DATE: 5/16/2005 DEPARTMENT ID NUMBER:CA 05-18 State law is sufficient. It has established a standard that sets clear guidelines and still requires elected officials and designated City employees to be vigilant regarding the receipt of gifts. Environmental Status: Attachment(s): City Clerk's ' .g- Number No. Description 1. Ordinance No. r An Ordinance of the City of Huntington Beach Repealing Chapter 2.05 of the HBMC Relating to Gifts to Local Officials 2. I Legislative Draft of Chapter 2.05 G:1RCA120051HBMC 2.05 Gifts to Local Officials.doc -2- 513/2005 11:55 AM ATTACHMENT # 1 ORDINANCE NO, 3 714 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 2.05 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO GIFTS TO PUBLIC OFFICIALS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.05 of the Huntington Beach Municipal Code is hereby repealed. SECTION 2. This ordinance shall become effective 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 6th day of June ,2005. *o<4AF X ATTEST: APPROVED AS TO FORM: City Clerk 'Ili City Kttomey REVIEWED AND APPROVED: INITIATED AND APPROVED: /�c it Administrator Ij Ci Attorney 2. 05ord/chap 2.05 Ord. No. 3714 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 the 16th day of May,2005,and was again read to said City Council at a regular meeting thereof held on the 6th day of dune, 2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan, Green, Bohr NOES: None ASSENT: Cook ABSTAIN: Hardy I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-0fficio 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 June 16,2005. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Citalerk and ex-officio rk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #2 LEGISLATIVE DRAFT HuntiVen Beaeh-Mtmicipal Cede 2�5.010-2.95.020(d) CH A DTT,D 7 IlC GIFTS TO PUBLIC OFFICLALS (3246 9 on 3303 1 roc 3612 803) 2,05.010 Pufpese; Meaning of > > 2.05.020 Def;fl;f; ... 2.05.010 Pur-pose., meaning of terms,., inter-aretafiew eit ion. "e City Couneil fiads4ha�-� OMifiaftee is to prohibit the donation offid r-eeeip4 of speeified gifts, thereby elimifia4ing, te the- extent possible, ateh less of eenfidenee. (3246-9#)44 l4aless otherMse expressly defined, the tei!ms used in this Or-diamee shall have the same amended. 13246 oron) This Chaptef shall be kno"as, afid may be eited as, the sc 2.05.020 Definitions. Far-the por-poses of this Chapter--: "'J Gity pFnL4YLIr1gLQiTD4Zt'4T1:-'(3246-77'74) GiCity 77 GSDesipated " fneans evefy employee ef the Ci�y who is designated in the City 7 ef 7 "Gift" shall have the meaning it is Elefined te have in the Califemia Politiea4 Refefm Ael (Calif ..t Gede Seel e 41nnn of \ (3246 W9 ^612 8A4) r'f^Ga aa111viaL VVIaV UVVLl Vll V 1 V V V7 VL JH4�.� � (eefifintied on the fteNt page) tj RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Ordinance Repealing HBMC Chapter 2.05 re Gifts to Local Officials COUNCIL MEETING DATE: R1 'T1C5 Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable (Signed in full by the gitZ Attome Attached El Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attome Attached ❑ Certificates of Insurance (Approved by the City Attorney) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached Staff Report If applicable)p f pp ) Not Applicable Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ pp Not Applicable ......... . ....... I��'.t�°LA�ATIO POR $SfN"G ATTACH ENTS" REVE [�I IEThfR FFVIfAE , �'; Administrative Staff ) Assistant City Administrator Initial City Administrator Initial 16 City Clerk ESP_ . NA-10- ;FOB;RVU:RI OF.ITEM (Belowr . For Only) RCA Author: