HomeMy WebLinkAboutOrdinance 3830 amending Chapter 2.07 of the Huntington Beach Huntington Beach Independent has been adjudged a newspaper of general CITY OF
circulation in Huntington Beach and Orange County by Decree of the Superior HUNTINGTON BEACH:
Court of Orange County,State of California,under date of Aug. 24, 1994,case LEGAL NOTICE
A50479. ORDINANCENO.3830
-Adopted by the City
Council on
PROOF OF MAY 4,2009
"AN ORDINANCE OF THE
CITY. OF HUNTINGTON
BEACH AMENDING
PUBLICATION CHAPTER 2.07 OF THE,
HUNTINGTON BEACH I
MUNICIPAL CODE RE- ;
LATING TO ELECTION
CYCLES".
SYNOPSIS:
STATE OF CALIFORNIA ) PURSUANT TO ,THE
"HUNTINGTON BEACH
!MUNICIPAL CODE SEC-
SS. 4ION 2.07.070, THE FI-
NAL DATE FOR CONTRI-
COUNTY OF ORANGE ) BUTTONS TO CITY
COUNCIL CANDIDATE IS
'DECEMBER 31 OF, THE
YEAR IN -WHICH THE ;
ELECTION WAS HELD.
am the Citizen of the United States and a CONTRIBUTIONS RE-
CEIVED AFTER .DE-
resident of the County aforesaid, I am over CEMBER 31"APPLY TO
'THE ,NEXT ELECTION
the age of eighteen years, and not a party cYCLIE..'FOR RsCTED`
WH
to or interested in the below entitled matter. ARE INELIGIBLE FOR A '
-FURTHER CONSECUTIVE
am a principal clerk of the HUNTINGTON TERM,THERE,IS NO IM- .
`MEDIATE CONSECUTIVE
BEACH INDEPENDENT, a newspaper of "NEXT" ELECTION CY-
'CLE; SUCH ELECTED
general circulation, printed and published In COUNCILMEMBERS ARE
;REQUIRED TO WAIT UN=
the City of Huntington Beach, County of ;TIL -THE NEXT NON-
CONSECUTIVE ELECTION
Orange, State of California, and the [CYCLE IN •ORDER TO
(BECOME A CANDIDATE
attached Notice is a true and complete co AGAIN AND ACCEPT
copy (NEW CONTRIBUTIONS.
as was printed and published on the I. ON APRIL 6, 2009;
,THE CITY'COUNCIL DI-
following date(s): TORNED THE CITY AT
ORNEY, _TO PREPARE
!AN 'ORDINANCE WITH
THE FOLLOWIWG '
!AMENDMENTS:
1. ANY 'CONTRIBUTION
RECEIVED AFTER THE
DECEMBER 31 'CYCLE,'
DATE FOR ELECTED
COUNCILMEMBERS IN- I
ELIGIBLE FOR THE NEXT
ELECTION DUETO TERM
LIMITS WILL BE AP-
May 14, 2009 PLIED TO THE MOST
RECENT;_ELECTION CY- I
CLE IN 'WHICH THEY !
WERE ELECTED;AND,
2. ALL CONTRIBUTIONS
WILL BE GOVERNED BY
!THE CONTRIBUTION
IMITATIONS AND REG-
ULATIONS OF THE
ELECTION CYCLE IN "
WHICH THE <COUNCIL-
declare, under penalty ofperjury, that the MEMBER WAS ELECTED.
p y PAS'S'ED - AND
foregoing is true and correct. (ADOPTED by the city.
Council of the .City of '1
Huntingfon'Beach at a, }'
regular, meeting held. '
May 4, 2009-.rby the
!following roll call vote:
Executed on May 14, 2009 'AYES: rpero, Dwyer,
Bohr,Coerper,Hansen
NOES:Hardy
at Costa Mesa, California ABSTAIN:None
ABSENT:Green
THE.FULL TEXT OF.THE
(ORDINANCE IS AVAIL-
ABLE IN •JHE CITY y
,CLERK'S OFFICE.
This ordinance is ef-
'fective immediately.
CITY OF.
Signature HUNTINGTON BEACH
2000 MAIN STREET_:
HUNTINGTON BEACH;
CA 92648 i
7.14-S367S227
JOAN L.FLYNN; '
I CITY CLERK
( Published Huntington I
Beach Independent May 1
14,2009 052,046 i
Council/Agency Meeting Held: /dOld-oo
Deferred/Continued to:
A)m� 48V_z3x�
'glAnp ved C ndit Hal A pr v ❑ Hied ay ( k's Si at
cw
Council Meeting Date: 4/20/2009 Department Number: CA 09-7
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Mayor and Cit ouncil Members
SUBMITTED BY: Jennifer McGr ity Attorney
PREPARED BY: Jennifer McGr ity Attorney
SUBJECT: Approve New Election Cycle for Campaign Contributions to Term
Limited Council Members
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On April 6, 2009, the City Council directed the City Attorney to prepare
an ordinance to revise the election cycle for campaign contributions to term limited council
members.
Funding Source: No funds are required.
Recommended Action: Motion to: Adopt Ordinance No. 3830 relating to
Election Cycles and titled "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.07 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO ELECTION CYCLES."
Alternative Action(s): Do not adopt Ordinance No. 3830
Analysis: Pursuant to Huntington Beach Municipal Code Section 2.07.070, the final date
for contributions to a City Council candidate is December 31 of the year in which the election
was held. Contributions received after December 31 apply to the next election cycle. For
elected Council Members who are ineligible for a further consecutive term, there is no
immediate consecutive "next" election cycle; such elected Council Members are required to
wait until the next non-consecutive election cycle in order to become a candidate again and
accept new contributions.
On April 6, 2009, the City Council directed the City Attorney to prepare the proper
amendments to the Municipal Code to accomplish the following:
1. Any contribution received after the December 31 cycle date for elected Council
Members ineligible for the next election due to term limits will be applied to the most recent
election cycle in which they were elected; and
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 4/20/2009 DEPARTMENT ID NUMBER: CA 09-7
2. All contributions will be governed by the contribution limitations and regulations of
the election cycle in which the Council Member was elected.
Strategic Plan Goal: Provide quality public services with the highest professional standards
to meet community expectations and needs, assuring that the city is sufficiently staffed and
equipped overall.
Environmental Status: N/A.
Aftachment(s):
o Descel'otibn
1. Legislative Draft of Section 2.07.070
2. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.07 OF, THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO ELECTION CYCLES
-2- 4/10/2009 11:07 AM
ATTACHMENT # 1
KEY
INSERTIONS: Double underline
DELETIONS 'e
ORDINANCE NO. 3830
LEGISLATIVE DRAFT
Chapter 2.07, Section 2.07.070 Election cycle. (3749-9/06)
(a) City Council, City Clerk, City Treasurer, and City Attorney Elections. For purposes of
the limits of this Chapter, as applied to elections for City Council, City Clerk, City Treasurer,
and City Attorney,the final date for contributions shall be December 31 of the year in which
the election for the open position was held. Contributions made after the final date shall be
deemed contributions for the next election cycle. (3220-1/94)Notwithstanding the foregoing.
contributions made after the final date to an elected Council Member who is
ineligible for a further consecutive term, shall be deemed a contribution for the most
recent election cycle in which such Council Member was eligible, and such
contributions shall be subject to all other limitations and regulations in effect during
said election cycle.
(b) Examples of the Election Cycle. January 1, 1987, to December 31, 1990, was the "Election
Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle,the four(4)year
period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle
2.07.070(a) shall be as follows: (3220-1/94)
Example 1. (3220-1/94)
1992 Election Cycle -Three Council Seats and City Clerk and City Treasurer: January 1,
1989 - December 31, 1992.
(1) The "last election" was November 1988.
(2) December 31, 1988, was the last or final date for receipt of campaign contributions for
the 1988 election.
(3) January 1, 1989, began the election cycle for the 1992 election.
(4) December 31, 1992, ended the election cycle for the 1992 election.
Example 2. (3220-1/94)
1994 Election Cycle - Four(4) Council Seats and City Attorney: January 1, 1991 - December
31, 1994.
(1) The "last election" was November 1990.
(2) December 31, 1990, was the last or final date for receipt of campaign contributions for
the 1990 election.
(3) January 1, 1991, began the election cycle for the 1994 election.
(4) December 31, 1994, ends the election cycle for the 1994 election.
Example 3. (3220-1/94)
1996 Election Cycle - Three (3) Council Seats and City Clerk and City Treasurer: January 1,
1993 -December 31, 1996.
(1) The "last election" was November 1992.
(2) December 31, 1992, was the last or final date for receipt of campaign contributions for
the 1992 election.
(3) January 1, 1993, began the election cycle for the 1996 election.
(4) December 31, 1996, ends the election cycle for the 1996 election.
Huntington Beach Municipal Code Chapter 2.07 Page 1 of 2
32766
KEY
INSERTIONS: Double underline
DELETIONS S#ikethreuo
(c) Recalls. For purposes of the limits of this Chapter, campaign contributions made at any time
after a committee has been formed, pursuant to the provisions of the Political Reform Act, in
support of a recall election or after the City Clerk has approved a recall petition for
circulation and gathering of signatures, whichever occurs first, shall be considered
contributions during a recall election cycle. A recall election cycle shall end whenever any of
the following occur: (3220-1/94)
(1) The recall proponents fail to return signed petitions to the City Clerk within the time
limits set forth in the California Elections Code. (3220-1i94)
(2) All committees formed in support of the recall have been terminated pursuant to the
provisions of the Political Reform Act. (3220-1/94)
(3) Ten(10) days after a recall election has been held. (3220-1i94)
Huntington Beach Municipal Code Chapter 2.07 Page 2 of 2
32766
ATTACHMENT #2
ORDINANCE NO. 3830
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.07 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO ELECTION CYCLES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.07.07 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.07.070 Election cycle. (3749-9/06)
(a) City Council, City Clerk, City Treasurer, and City Attorney Elections. For purposes of
the limits of this Chapter, as applied to elections for City Council, City Clerk, City Treasurer,
and City Attorney, the final date for contributions shall be December 31 of the year in which
the election for the open position was held. Contributions made after the final date shall be
deemed contributions for the next election cycle. Notwithstanding the foregoing,
contributions made after the final date to an elected Council Member who is ineligible for a
further consecutive term, shall be deemed a contribution for the most recent election cycle in
which such Council Member was eligible, and such contributions shall be subject to all other
limitations and regulations in effect during said election cycle.
(b) Examples of the Election Cycle. January 1, 1987, to December 31, 1990, was the "Election
Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle, the four (4) year
period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle
2.07.070(a) shall be as follows: (3220-1/94)
Example 1. (3220-1/94)
1992 Election Cycle - Three Council Seats and City Clerk and City Treasurer: January 1,
1989 - December 31, 1992.
(1) The "last election" was November 1988.
(2) December 31, 1988, was the last or final date for receipt of campaign contributions for
the 1988 election.
(3) January 1, 1989, began the election cycle for the 1992 election.
(4) December 31, 1992, ended the election cycle for the 1992 election.
Example 2. (3220-1/94)
1994 Election Cycle - Four (4) Council Seats and City Attorney: January 1, 1991 -
December 31, 1994.
(1) The "last election" was November 1990.
(2) December 31, 1990, was the last or final date for receipt of campaign contributions for
the 1990 election.
(3) January 1, 1991, began the election cycle for the 1994 election.
(4) December 31, 1994, ends the election cycle for the 1994 election.
32767 1
Ordinance No. 3830
Example 3. (3220-1r94)
1996 Election Cycle - Three (3) Council Seats and City Clerk and City Treasurer: January 1,
1993 - December 31, 1996.
(1) The "last election" was November 1992.
(2) December 31, 1992, was the last or final date for receipt of campaign contributions for
the 1992 election.
(3) January 1, 1993, began the election cycle for the 1996 election.
(4) December 31, 1996, ends the election cycle for the 1996 election.
(c) Recalls. For purposes of the limits of this Chapter, campaign contributions made at any time
after a committee has been formed, pursuant to the provisions of the Political Reform Act, in
support of a recall election or after the City Clerk has approved a recall petition for
circulation and gathering of signatures, whichever occurs first, shall be considered
contributions during a recall election cycle. A recall election cycle shall end whenever any
of the following occur: (3220-1/94)
(1) The recall proponents fail to return signed petitions to the City Clerk within the time
limits set forth in the California Elections Code. (3220-1/94)
(2) All committees formed in support of the recall have been terminated pursuant to the
provisions of the Political Reform Act. (3220-1/94)
(3) Ten(10) days after a recall election has been held. (3220-1i94)
SECTION 2. This ordinance shall become effective upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of May , 2009.
Mayor
ATTEST:
Qaa!io (jvv�- PROVED AS TO FORM:
011
City Clerk V 1nn�
REVIEW D APPROVED: Cit Attorney
A ministrator
32767 2
Ord. No. 3830
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 April 20, 2009, and was again read to said City Council at a
regular meeting thereof held on May 4,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Coerper, Hansen
NOES: Hardy, Bohr
ABSENT: Green
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 May 14,2009.
In accordance with the City Charter of said City
Joan L. Flynn. City Clerk Ci Clerk and ex-officio erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Council
SUBJECT: Approve New Election Cycle
COUNCIL MEETING DATE: April 20, 2009
W RCA AT'TACHIVIENTS STATUS f
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 Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attomey) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Ap licable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Ap licable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR,=MISSING ATT ►CHMENTSVA
REVIEWED RETIDRNED FOR DEiD
C
Administrative Staff
Deputy City Administrator Initial )
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM. x
Only,
RCA Author: PDA 32768
Esparza, Paa
From: Flynn, Joan
Sent: Monday, May 04, 2009 5:22 PM
To: Esparza, Patty
Subject: Fw: Campaign ordinance
Please print this and place in the communication file received at the meeting for item #17
on tonight's agenda. Thanks.
Joan L. Flynn, CMC
Huntington Beach City Clerk
----- Original Message -----
From: McGrath, Jennifer
To: Flynn, Joan
Sent: Mon May 04 17:11:28 2009
Subject: Re: Campaign ordinance
Thanks.
----- Original Message -----
From: Flynn, Joan
To: McGrath, Jennifer; 'mark@bixby.org' <mark@bixby.org>
Cc: CITY COUNCIL; Wilson, Fred
Sent: Mon May 04 17:10:38 2009
Subject: Re: Campaign ordinance
Mark, I contacted the FPPC earlier today (after seeing your email) regarding the
ordinance. They were unable to confirm the receipt (or lack thereof) of the 6/08
ordinance. They do a regular request for updates from local agencies, and place that info
on an excel spreadsheet as ordinances are received. Their spreadsheet verified that they
were current with HB's campaign ordinance through the previous revision of 9/06 but did
not show the 6/08 revision you mentioned. Their spreadsheet may not have been up-to-date,
so they went to their physical file (notebook) which they found was in their legal office,
so they were not able to see if their spreadsheet was accurate. The clerk's office does
not. Have a record to indicate we forwarded the ordinance. That being the case, the
clerk's office faxed the ordinance from June of '08 to them this afternoon. As jennifer
stated, the ordinance being brought to council for adoption tonight will be forwarded to
the FPPC as soon as it is adopted. If passed tonight, it will be in effect immediately and
will be sent to the FPPC tomorrow.
Thanks -- Joan
Joan L. Flynn, CMC
Huntington Beach City Clerk
----- Original Message -----
From: McGrath, Jennifer
To: 'mark@bixby.org' <mark@bixby.org>
Cc: Flynn, Joan; CITY COUNCIL; Wilson, Fred
Sent: Mon May 04 16:52:53 2009
Subject: Campaign ordinance
I am checking with the City Clerk to see if it was filed with the FPPC. If not, we will
ensure it will be done if it hasn't been. The new one will be sent upon its codification.
Jennifer
Page 1 of 1
Esparza, Pafty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, May 04, 2009 8:53 AM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#780 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Comment on Agenda Items
Citizen name: Mark Bixby
Description: Hi city council,
Prior to voting on May 4th agenda item#17 (ord# 3830 amending HBMC 2.07
re campaign finance changes for term-limited councilmembers), I'd like
you to question the city attorney regarding section 81009.5 of the
Politcal Reform Act which states:
"§ 81009.5. Local Ordinances.
(a) Any local government agency which has
enacted, enacts, amends, or repeals an ordinance or
other provision of law affecting campaign
contributions and expenditures shall file a copy of the
action with the Commission."
Specifically, 1) Did the city ever report last year's campaign finance
changes to the FPPC? and 2)how long will it take the city to report
the ord# 3830 changes?
I e-mailed Jennifer McGrath directly back on April 21 st about this, but
there has been no reply. I also submitted a Pipeline query about the
same subject on April 27th, and there has been no reply to that either
(though there are still 5 working days left in the Pipeline response
window).
Thanks...
mark@bixby.org
Remainder of.sig suppressed to conserve expensive California electrons...
Expected Close Date: 05/05/2009
Click here to access the request
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5/4/2009