HomeMy WebLinkAboutOrdinance No. 3221 Amending Chapter 2.76 of HBMC & Ordinanc REQU! T FOR CITY COUNCI' 'ACTION
DATE: December 6. 1993
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate - ��
A 0
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrate grOkli"
SUBJECT: DESIGNATING EXEMPT POSITIONS OF DEPARTMENT HEADS
Consistent with Council Policy: Q Yes 0 New Policy or Exception
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Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments
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STATEMENT OF OBJECTIVE: The City wishes to change the title of the Department of
Development Services to the Department of Community Development and designate all vacant
positions for Department Directors subsequent to the effective date of this ordinance as exempt from
the City's Competitive Service.
RECOMMENDATION:
1. Introduce Ordinance 3221 implementing proposed changes by amending Chapter 2.76 of
the Huntington Beach Municipal Code, and
2. Introduce Ordinance 3222 implementing proposed changes by amending Chapter 2.32,
of the Huntington Beach Municipal Code.
ANALYSIS: In the implementation of changes to the operating procedures in the Community
Development Department, it appears consistent to change the name of the Department from
Development Services to Community Development. This new title would more accurately describe
the mission and scope of the departmental operations of planning and code enforcement.
Vacant department head positions are proposed to be designated as exempt from the City
Competitive Service to allow the City greater latitude in setting mutually agreeable compensation and
conditions of employment for any subsequent appointments to these positions. An increasing
number of public jurisdictions are joining the private sector in allowing greater flexibility in formulating
terms and conditions of employment for executive level management positions. This ordinance
allows greater latitude to the City and the potential appointee, when negotiating a mutually
acceptable employment agreement. It also allows the City Administrator to hold the incumbent more
responsible and accountable for goals and objectives.
FUNDING SOURCE: Not applicable.
ALTERNATIVE ACTIONS: Reject the amendment to the Municipal Code and continue to appoint
future department heads under the existing Municipal Code designations and City Personnel Rules
as outlined in Resolution #3960.
ATTACHMENTS: Ordinance of the City of Huntington Beach amending Chapter 2.32 of the City of
Huntington Beach Municipal Code by adding Section 2.32.025
ORDINANCE Na 3221
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.76. OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO COMPETITIVE SERVICE
REGULATIONS BY ADDING FUTURE APPOINTIVE DEPARTMENT HEADS
TO THE EXCLUSIONS FROM THE COMPETITIVE SERVICE SYSTEM.
Whereas the City Council of City of Huntington Beach wishes to designate the
appointive department heads as exempt from the competitive service system,
NOW, THEREFORE the City Council of the City of Huntington Beach does ordain as
follows:
Section 1. That Section 2.76.010 of Chapter 2.76 of the Huntington Beach
Municipal Code is hereby amended by adding subsection (i); said subsection to read as
follows:
2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City
Charter, it is declared that all departments and appointive officers and employees of the city
are included within the personnel system and the competitive service except:
(a) Elective officers;
(b) City Administrator;
(c) Assistant City Administrator;
(d) Members of appointive boards, commissions and committees;
(e) Persons engaged under contract to supply expert, professional, technical or
other services;
(f) Emergency employees who are hired to meet the immediate requirements of
the emergency;
(g) Employees who are employed to work a regular schedule of less than 1040
hours in any fiscal year;
(h) Temporary employees;
(i) Appointive Department Heads
Section 2. All other sections of Chapter 2.76 shall remain as originally enacted.
Section 3. This ordinance shall take effect 30 days after passage.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of December , 1993.
Mayor
ATTE . -�
APPROVED AS TO FORM:
City Clerk
/-c /-city Attorney
INITIATED, REVIEWED AND APPROVED:
City Adffiinistrator
•
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• Ord. No. 3221
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 the 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 therof held on the 6th day of December
19 93 , and was again read to said City Council at a regular
meeting therof held on the 20th day of December , 19 93 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, Winchell , Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
dPOSIAg:CA 4g241a4e7/
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
•
LEGISLATIVE DRAFT
Chapter 2.76
COMPETITIVE SERVICE REGULATIONS
Sections:
2.76.010 Exclusions from competitive service.
2.76.020 City employees--Political activity restricted.
2.76.030 Soliciting campaign contributions from other employees.
2.76.040 City offices barred from contribution notices.
2.76.050 Compliance with bar on governmental premises.
2.76.060 Exception to section 2.76.040.
2.76.070 Use or threat to use political authority or influence.
2.76.080 Political activity prohibited while in uniform.
2.76.090 Non-exempt employees--Prohibited election activities.
2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City
Charter, it is declared that all departments and appointive officers and employees of the city
are included within the personnel system and the competitive service except:
(a) Elective officers;
(b) City Administrator;
(c) Assistant City Administrator;
(d) Members of appointive boards, commissions and committees;
(e) Persons engaged under contract to supply expert, professional, technical or other
services;
(f) Emergency employees who are hired to meet the immediate requirements of
the emergency;
(g) Employees who are employed to work a regular schedule of less than 1040
hours in any fiscal year;
(h) Temporary employees;
(i) Appointive Department Heads
2.76.020 City employees political activity restricted. This chapter applies to all officers
and employees of the competitive service.
2.76. 030 Soliciting campaign contributions from other employees. An officer or
employee of the city shall not, directly or indirectly, solicit or receive political funds or
contributions, knowingly, from other officers or employees of the city or from persons on the
employment lists of the city.
2.76.040 City officers barred from
contribution notices. Every officers or employee of
the city shall prohibit the entry into any place under his control, occupied and used for the
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2.76.040 City officers barred from contribution notices. Every officers or employee
of the city shall prohibit the entry into any place under his control, occupied and used for the
governmental purposes of the city, of any person for the purpose of therein making, or giving
notice of any political assessment, subscription or contribution.
2.76.050 Compliance with bar on governmental premises. A person shall not enter or
remain in any such place described in section 2.76.040 for the purpose of therein making,
demanding or giving notice of any political assessment, subscription or contribution.
2.76.060 Exception to section 2.76.040. This chapter shall not apply to any
auditorium or other place used for the conduct of public or political rallies or similar events, nor
to any park, street, public land or other place not being used for the governmental purposes of
the city.
•
2.76.070 Use or threat to use political authority or influence. No one who holds, or who is
seeking election or appointment to any office or employment in the city shall, directly or
indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether
then possessed or merely anticipated, to confer upon, secure for any person or to aid or
obstruct any person in securing or to prevent any person from securing any position,
nomination, confirmation, promotion, change in compensation or political influence or action of
such person or another shall be given partly or upon any other corrupt condition or
consideration.
2.76.080 Political activity prohibited while in uniform. No officer or employee of the city
shall participate in political activities of any kind while he is in uniform.
2.76.090 Nonexempt employees--Prohibited election activities. No officer or
employee whose position is not exempt from the operation of the personnel system of the city
shall take an active part in any campaign for or against any candidate, except himself, for an
officer of such city, or for or against any ballot measure relating to the recall of any elected
official of the city.
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ORDINANCE NO. 3222
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.32 OF THE HUNTINGTON BEACH
MUNICIPAL CODE BY CHANGING 'DEVELOPMENT
SERVICES' TO 'COMMUNITY DEVELOPMENT'
WHEREAS, the City Council of the City of Huntington Beach desires to change the
name of"development services department"to "community development department,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That the name "development services" shall be changed to "community
development" throughout Chapter 2.32.
SECTION 2. This ordinance shall take effect 30 days after passage.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of December , 1993.
Mayor
ATTgmzeo APPROVED AS TO FORM:
Jr-c;(
City Clerk a 9r City
/A orney
REVIEWED AND APPROVED: • fD 1 Uhl •`' ' 'OVED:
prAwytitim
Petty Administrator �irector • •mihistrative S- -
3/k/ /Exempt\12/O1/93
Ord. No. 3222
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 the 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 therof held on the 6th day of December
19 93 , and was again read to said City Council at a regular
meeting therof held on the 20th day of December , 19 93 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, Winchell , Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
61'1-1S"Peal. 41111
City Clerk and ex-officio dgrk
of the City Council of the City
of Huntington Beach, California
Legislative Draft
Chapter 2.32
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
Sections:
2.32.010 Department established.
2.32.020. Director--Appointment
2.32.030 Director--Powers and duties.
2.32.010 Department established. There is hereby created the department of
community development services of the city of Huntington Beach.
2.32.020 Director--Appointment. The director of community development
services shall be the head of the department of development services, and such director shall be
appointed by the city administrator, subject to approval by a majority vote of the full city
council.
2.32.030 Director--Powers and duties. (a) The director of community
development serviees shall be responsible for the administration and enforcement of the
following:
(1) Huntington Beach Building Code(Chapter 17.04)
(2) Huntington Beach Housing Code(Chapter 17.08)
(3) Moving of Buildings (Chapter 17.20)
(4) Driveways and Parking Area(Chapter 17.20)
(5) Sun Decks and Windscreens (Chapter 17.24) •
(6) Trailer Parks (Chapter 17.36)
(7) Huntington Beach Code for Abatement of Dangerous Buildings
(Chapter 17.12)
(8) Huntington Beach Electrical Code (Chapter 17.46)
(9) Huntington Beach Mechanical Code(Chapter 17.40)
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(10) Huntington Beach Plumbing Code(Chapter 17.44)
(11) Huntington Beach Oil Code (Title 15)
(12) Standing Water--Fences (Chapter 8.32)
(13) Rubbish Abatement(Chapter 8.36)
(14) Inoperable Vehicles (Chapter 8.48)
(15)_ Planning laws (Huntington Beach Ordinance Code)
(16) Zoning regulations (Huntington Beach Ordinance Code)
(17) State and local environmental regulations
(b) In addition to the foregoing,the director of community development Cervices
shall perform other acts or duties, not inconsistent with the city Charter, as may be required by
the city council or the laws of the state of California.
(c) Whenever in this code,the Huntington Beach Ordinance Code, or any resolution,
adopted by the city council,reference is made to the departments of building and community
development,planning, and environmental resources and/or the directors of such departments,
such references shall mean the department of community development cervices and the
director of community development services.