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HomeMy WebLinkAboutApprove for Introduction Ordinance No. 3723 Amending Chapter ctd �,� ✓ Council/Agency Meeting Held: //!��i? Deferred/Continued to: i & / 'E j Approved ❑ Conditionally Approved ❑ Denied 490ayatf(ZlerkASigrktfire Council Meeting Date: 11/7/2005 Department ID Number: CS05-027 CITY OF HUNTINGTON BEACH C= REQUEST FOR CITY COUNCIL ACTION .tea c2 a c� zo-- --4 c� r SUBMITTED TO: HONORABLE MAYOR AND CO N IL MEMBER ' SUBMITTED BY: PENELOP10 CULBRLTH-GRAFT, CITYA MINISTRAT9R.�� f° PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC SUBJECT: ADOPT ORDINANCE NO. 3 -f;k3 , AMENDINtCAPTER 2.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: There is a need to amend Section 2.64.040 of HBMC Chapter 2.64, Community Services Commission, to remove the school district residency requirement of certain commission members. Funding Source: N/A Recommended Action: Motion to: Adopt Ordinance No. 3 :7-A_ An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services Commission. Alternative Action(s): Do not recommend Council adopt an Ordinance to amend the HBMC by removing the residency requirement for school district representatives. Analysis: The Huntington Beach Municipal Code Chapter, which establishes the Community Services Commission, currently includes in Section 2.64.040 a requirement that the six commission members who represent school districts must live not only in the City of Huntington Beach but also within their respective school districts. Because the commission includes representatives from school districts outside Huntington Beach, e.g., Westminster and Fountain Valley, it is difficult for the school districts to appoint representatives who fulfill this residency requirement. The Westminster and Fountain Valley School Districts' boundaries only cover a small geographic portion of Huntington Beach. Staff feels that amending Section 2.64.040 to eliminate the words, "residents of their respective school districts," will allow the school districts a greater leeway in appointing representatives. Fountain Valley, Ocean View, and Westminster School Districts have requested this change in the city's policy. The Huntington Beach residency, which is a requirement of all board and commission members, will remain intact. REQUEST FOR ACTION MEETING DATE: 11/7/2005 DEPARTMENT ID NUMBER:CS05-027 Community Services Commission Action: At its October 17, 2005 meeting, the Community Services Commission recommended the City Council adopt an Ordinance amending HBMC Chapter 2.64 to eliminate the school district residency requirement for school district representatives on the commission. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. .3-'a3 Amending the HBMC Chapter 2.64 G:\RCA\2005105-027 Adopt Ordinance Amending HBMC Chapter.2.64.doc -2- 10/3/2005 10:58 AM ATTACHMENT # 1 ORDINANCE NO. 3723 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.64.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.040 One-year members. The City Council shall appoint six members for terms of one year. Each elementary, high school, and junior college district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July,then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. 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 21 st day of Novemher ,200�. %000' ATTEST: APPROVED7ASORM: 0"000.) __ c ty Clerk bS City A orney �\ REVIEWED AND APPROVED: INITIATED AND APPROVED: (5_ City Administrator Di c r of Community ices ..j 05ord/chap 264 � Ord.No. 3723 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 re ular meeting thereof held on the 7th day of November, 2005, and was again read to said City Council at a regular meeting thereof held on the 21st day of November, 2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Coerper, Sullivan, Hardy, Green, Cook NOES: None ABSENT: Hansen, Bohr ABSTAIN: None 1,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 December 1,2005. In accordance with the City Charter of said City Joan L. Fl__ n�City Clerk CJU Clerk and ex-officio erk Deputy city clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3723 LEGISLATIVE DRAFT Chapter 2.64 COMMUNITY SERVICES COMMISSION (803-12/60, 1113-7/65, 1300-3/67, 1434-9168,2383-7/79,2389-9/79,2399-11/79,2918-12/87) Sections: 2.64.010 Established 2.64.020 Composition 2.64.030 Four-year members 2.64.040 One-year members 2.64.045 Service Limitation 2.64.050 Mayor--Ex officio member 2.64.060 Secretary 2.64.070 Members--Removal of 2.64.080 Vacancies--Retirement 2.64.090 Members--Reappointment 2.64.100 Duties and responsibilities 2.64.105 Operating Policies 2.64.110 Meetings 2.64.120 Election of officers 2.64.130 Quorum proceedings 2.64.010 Established. There is established an advisory Community Services Commission in and for the city. The present Recreation and Parks Commission members and officers shall serve out their designated terms as members of the Community Services Commission. (1113-7/65,2383-9/79,2399-11/79) 2.64.020 Composition. The commission shall be composed of eleven members who shall be appointed from time to time by the mayor with the approval of the City Council. Five members shall be appointed for a term of four years and six members shall be appointed for terms of one year each. (803-12/60, 1113-7165, 1300-3/67) 2.64.030 Four-year members. The mayor, with approval of the City Council, shall appoint five members from the city at large for four year terms. All of the terms shall terminate on July 1; one term in 1966,two terms in 1968, and two terms in 1969. Upon completion of a commissioner's term the Mayor,with the approval of the City Council may appoint him or a successor for the succeeding term. (803-12/60, 1113-7/65) 2.64.040 One-year members. The City Council shall appoint six members for terms of one year. Each elementary, high school, and junior college district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year,two or more persons, residents of the city of Huntington Beach,to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. (1113-7/65, 1300-3/67,2383-7/79,2389-9/79) 2.64.045 Service Limitation. No person shall serve more than two (2) consecutive four- year terms;provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reappointed, an additional term thereafter. No - person shall serve more than eight(8) consecutive one-year terms. (2918-12/87) le isdrft/mc0264 2.64.050 Mayor--Ex officio member. The Mayor shall be an ex officio member of the commission. (1113-7/65) 2.64.060 Secretary. The Director of Community Services, or his designee, shall serve as secretary to the commission without vote and shall keep permanent minutes of the commission meetings. (1113-7/65, 2383-7/79, 2389-9/79,2399-11/79) 2.64.070 Members--Removal. The term of terms of office specified herein shall not be deemed arbitrary and should the Mayor, with the approval of the City Council determine that it would be for the best interest of the department that a member be retired, he may so order and appoint a successor for the unexpired term of office of such retired member. (1113-7/65) 2.64.080 Vacancies--Retirement. Members shall be privileged to retire voluntarily from the commission at any time; successors to be appointed in such case, or any other vacancy from whatever cause, by the Mayor, with the approval of the City Council, for the unexpired term of office. (1113-7/65) 2.64.090 Members--Reappointment. Members may be reappointed by the Mayor, with the approval of the City Council for as many terms of office as is desirable; provided, however, that members representing school districts shall require renewed recommendations from their school district for each reappointment. (803-12/60) 2.64.100 Duties and responsibilities. The commission shall act in an advisory capacity to the City Council, the boards of trustees of the school districts and the Director of Community Services in all matters pertaining to harbors and beaches facilities, park acquisition, development and maintenance, and recreational programming or facilities. Also the commission shall cooperate with other governmental agencies and civic groups in the advancement of sound parks and recreational planning under the direction of the City Council. Commissioners may study, report and interpret the needs of the public to the City Council and may assist in securing financial support from the community for harbors, beaches,parks and recreational needs. The commission may review the annual budget as presented to the City Council and advise them on the current operational needs and long-range plans for capital improvement. (1113-7/65,2383-7/79,2399-11/79) 2.64.105 Operating Policies. Except as otherwise provided in this chapter,the board shall conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this code. (2918-12/87) 2.64.110 Meetings. The commission shall meet regularly on the second Wednesday of each month at 7 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. (1113-7/65, 2383-7/79,2389-9/79) 2.64.120 Election of officers. The commission shall elect from its members a chairperson and vice chairperson at the regular July meeting and such officers shall serve for one year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. (1434-9/68,2383-7/79) 2.64.130 Quorum proceedings. A majority of the members of the commission in office shall constitute a quorum. A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member,the roll call shall be called for yeas and nays upon any question before the commission. Absence from three consecutive meetings without formal consent of the commission chairperson shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts' _ Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. (1434-9/68,2383-7/79) 0000 CITY OF IWINGTON BEACH PROOF OF PUBLICATION OR1NNAgtE N0 N0.3723 Atb�ed by 16e C'rry ti>vilcq a1tTtW"'M6 21 200S "AN NANCE OF THE CITY` OF TINGTON BEACH STATE OF CALIFORNIA) _ AMENDING CHAPTER,2M of ) ss. THE HUNTINGTON BEACH MUNICIPAL CODE RELATING COUNTY OF ORANGE TO TIf COMMUNITY SER- VICES COMMISSION" $YNOPSIS: I am a Citizen of the United States and a HUN TtNGTP TWITON- THE BFACH MUNICIPAL CODE resident of the County aforesaid; I am 3 ON 64 040 RE SECTION over the age of eighteen years, and not a THAT THE SIX COM- MUNITY SERVICES party to or interested in the below entitled COMMISSION MEM- BERS WHO REPRE- DIS- matter. I ant aprincipal clerk of the REPRE- SENTED MUSSCHT NOT TRICT5 MUST LIVE NOT ONLY IN THE•CITY-OF HUNTINGTON BEACH INDEPENDENT, HUNTINGTON BEACH BUT `ALSO WITHIN a newspaper of general circulation, THEIR RESPECTIVE SCHOOL DISTRICTS. printed and published in the City of B ssOSE THE CO s Huntington Beach, County of Orange, REPRESENTATIVES `Js ' FROM SCHOOL DIS- State of Cali#omia, and that attached TINGT�OAN INSTER�BEACH,HE.G. TSIDE AD Notice is a true and complete copy as FOU►LAIN VALLEY,N T was printed and published in the THE SCHOODIFFICULT TR Ts TO AP POINT REPRE- Huntington Beach issue of said SENTATIVES WHO newspaper to wit the Issue(s) of: RE RESIDENCY RLIMINEMENT. BY EIIM N'ATING 'TH.E WORDS`RESIDENTS OF THRII� RESPLCTIVE SCH L DISTRICTS' ALS THE SCHOOL DISTR CTS GREATER LEEWAY,IN'APPOINT- lNB fI PRESENTATIVES. ff11tN AIN VALLEY, DECEMBER 1,2005 OCEA ' VIEW AND WESTMINSTER SCHOOL DISTRICTS REQUESTED TINS tFHANCE IPI THE CITY-4 POLICY. THE HUNTINGTON BEACH RESIDENCY, WHICH JS' A 'REQUIREMENT OF I declare under o a that ALL BOARD AND penalty perjury,•ur J 7 t MS C REMAINS INTA BER T. �{ COPIES OF THIS OR-' the foregoing is,true and zorrect 1�CE ARE AVAIL- i]I IN THE CITY CLERK' OFFICE. PASSD AND ADOPTED. Executed on DECEMBER 1,2005 by the City Council of 0W City of Huntington Beach at a regular at Costa Mesa, California. meetrpgg held November 71.2045,by the following roil call vote: Hard Coerper.Sullivan. •,, Hardy,Green,Cook, NOES:Hone AIt,iNT:Hanseri,Bohr Sig Tll$ ordinance gnature effective SO days after adopllop. 'CITY OF HUNT GTON BEACH 201�'MAIN STREET HUNTINGTON BEACH, CA 92648' 714-536-5227 JOAiN L.FLYNN,T CITY CLERK Publish d' Huntington Beach ttdependent De cember 1,2005 121-611 RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: ADOPT ORDINANCE AMENDING HBMC CHAPTER 2.64 COUNCIL MEETING DATE: November 7, 2005 RCA ATTACHMENTS STATUS 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 Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City ttomeyj Certificates of Insurance (Approved b the City Attorne Attached ( PP Y Y y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable BondsIf applicable) Attached ( pp ) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached El p ( Pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached Findin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVYARDE Administrative Staff Assistant City Administrator Initial r Citv Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: