HomeMy WebLinkAboutIntroduce Ordinance No. 3718 Amending Chapters 2.08, 2.16, 2 .
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Council Meeting €ne 20, 2005 Dep adq,,�?R ID'Na,tuber: NCA 0 -1
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLI.E. MAYOR CITY CPU AIL MEMBERS
t I TT � e PEN EL , z',�,il+,dET-4—GRA T, IT`S 1�MINI TRATO
JENNIFER RA K,�, Attorney
PREPARED BY. JENNIFERMC,. R T "q ty Attorney
SUBJECT- Adopt Ordinance No. `':'\f� ��� Amending Chapters 2.08, y16i. ,
,72, 276, 2,101. 2.107 and 3.02 of the Huntington Beach', Mionicipall
Lade to Update the Language and'` arms Used Therein and Wdify
References to the Department of Administrative Services,`.
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Sta
t ment of Issue, Whether or not to adopt Ordinance No, �� _ title An Ordinance of
the City of Huntington Beach Amending Chapters 2,08, 216, 2.72, 2.76, 2o101, ,107 and
3.02 of to Huntington Beach Municipal Code to Update the Language and Terra Used.
Therein and Modify References to the Department of Administrative i Services.
4ti Q
Rec r_d9 ' fion: Adopt Ordinance No.
AIterna#iy &��, Do not adopt Ordinance No,
s �
On March 21, ',2606,, the City Council'adopted a charge to the City-
wide Table of Organization. The position of Director of Administrative Services was deleted.
Two new positions of Deputy City Administrator :were added, as well as a change in the
reporting struct"Ife of the T nance f 7ictil I In, of the Alit , A copy' of the revised Table of
Or a- ;sz tion is irmluded in thl� RGA , Attachment 6. With the implementation of the new
Tat`�``♦ .`�` 2 1" 2 a• \ h as €` r` i�F +♦. �C♦��w I` unti .wit " Y::'f"it �i E ,.t,~il �.F'^i.t$
f o \.; g�` ni S�tE�..tf S�it 'F.+t��,,am r 2��,.�:•�:s'r�`"�i t♦.` Ct�2 n e t ♦ r \7�`,.Az♦€ci \i: r3
t f r i , the \ �r,,.pe . l t ` € �� rL t.e�ki€� affected oh �rterk st .o:iIce that
language d terms s fil and En rr ' the rl`a t r € not "� She u r . t try �. ad o
administration of the City. For instance, Chapter 2,08 is titl l €i,= ( i;~er" a- d
etr0 .6 l tad reads;<s,lotd€ intlt€c€�: F \ i3 ai:t Lai t� ati#0 , t
administrative supervision and control' of such affairs of the 'City as may be ',placed in his
charge." (Emphasis added.) Consequently, along with the deletion of the'references to
REQUEST FOR ACTION
MEETING DATE, Jena 20, 2005 DEPARTMENT 10 N.U.M.BER:CA:05-19
Director of Administrative Services, changes were also made to various chapters deal i€g with
City administration to up date terms and langUage used therein.'.
Staff will return to Council with an ordinance: deleting Huntington 'Beach Municipal Code
Chapter 2.12 which is specifically titled Administrative Services Department when the vacant
Deputy City Administrator position has been filled.
Environmental l Status. N/A
1 Ordinance No, AmendingChapters 2,08, 2.16, 2,72,'.
2.76, 2,101, .1 61 and 3.02 of the Huntington<Beach Winicipal
Code to Update the Language e and Terms Used Therein and
Modify 'References to the Department of Administrative Services,
Legislative e Drafts of(Chapters 2.08, 2.16, 272, 2.7 6, 2.101, 21 Wand
.02.
>.
Table of'Organization Chart adopted 3;21/0
W6120105"066 A ;
0 0
Ail
Council/Agency Meeting Held: 16
Deferred/Continued to: PlZF,D 7�5���
141 Approved ❑ Conditionally Approved ❑ Denied ZFAA7f City legs Sig tune
Council Meeting Date: June 20, 2005 Departm t ID Number: CA 05-19
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABF MAYOR CITY U?1TY
IL MEMBERS Q r-
SUBMITTED BY: PENELO E CUL9RET RAFT, ADMINISTRATOR
JENNIFER MCGRAT Attorney
PREPARED BY: JENNIFER MCGRAT ity Attorney
SUBJECT: Adopt Ordinance No. 3'-1 VZ Amending Chapters 2.08, 2:16,
2.72, 2.76, 2.101, 2.107 and 3.02 of the Huntington Beach Municipal
Code to Update the Language and Terms Used Therein and Modify
References to the Department of Administrative Services.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Whether or not to adopt Ordinance No ` -t titled An Ordinance of
the City of Huntington Beach Amending Chapters 2.08, 2.16, 2.72, 2.76, 2.101, 2.107 and
3.02 of the Huntington Beach Municipal Code to Update the Language and Terms Used
Therein and Modify References to the Department of Administrative Services.
Funding Source: N/A
Recommended Action: Adopt Ordinance No. � `>
Alternative Action(s): Do not adopt Ordinance No. "
p
Analysis: On March 21, 2005, the City Council adopted a change to the City-
wide Table of Organization. The position of Director of Administrative Services was deleted.
Two new positions of Deputy City Administrator were added, as well as a change in the
reporting structure of the finance functions of the City. A copy of the revised Table of
Organization is included in this RCA as Attachment 3. With the implementation of the new
Table of Organization it became necessary to change the Huntington Beach Municipal Code
to reflect these changes. In the course of reviewing the affected chapters, staff noticed that
language and terms used in some of the chapters did not reflect the current structure of
administration of the City. For instance, Chapter 2.08 is titled "Administrative Officer' and
Section 2.08.010 (a) reads "Route Administration. To execute on behalf of the Council, its
administrative supervision and control of such affairs of the City as may be placed in his
charge." (Emphasis added.) Consequently, along with the deletion of the references to
G
REQUEST FOR ACTION
MEETING DATE: June 20, 2005 DEPARTMENT ID NUMBER:CA 05-19
Director of Administrative Services, changes were also made to various chapters dealing with
City administration to up date terms and language used therein.
Staff will return to Council with an ordinance deleting Huntington Beach Municipal Code
Chapter 2.12 which is specifically titled Administrative Services Department when the vacant
Deputy City Administrator position has been filled.
Environmental Status: N/A
Attachment(s►:
City Clerk's
• - Number No. Description
1. Ordinance No. r ` Amending Chapters 2.08, 2.16, 2.72,
2.76, 2.101, 2.107 and 3.02 of the Huntington Beach Municipal
Code to Update the Language and Terms Used Therein and
Modify References to the Department of Administrative Services.
2. Legislative Drafts of Chapters 2.08, 2.16, 272, 2.76, 2.101, 2.107 and
3.02.
3 Table of Organization Chart adopted 3/21105
G:\RCA\2005\05-admin svcs.doc -2- 6/6/2005 10:55 AM
ATTACHMENT NO . 1
ORDINANCE NO. -71 t3
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 2.08, 2.16, 2.72, 2.76, 2.101, 2.107 AND 3.02 OF THE
HUNTINGTON BEACH MUNICIPAL CODE TO UPDATE THE LANGUAGE
AND TERMS USED THEREIN AND MODIFY REFERENCES
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 2.08 of the Huntington Beach Municipal Code is hereby amended
by deleting sections 2.08.020, 2.08.040 and 2.08.070 thereof, the remaining sections of said
Chapter shall be amended to read as follows:
2.08.010 Powers--Duties. In addition to the powers and duties of the City Administrator
enumerated in the Huntington Beach City Charter, Article VI,the following shall also
apply:
(a) Route Administration. To execute on behalf of the Council, its administrative
supervision and control of such affairs of the City, as may be placed in his/her charge;
(b) Meeting. To attend meetings of the Council,with the duty of reporting on or
discussing any matter concerning the affairs of the departments, services or activities
under his/her supervision upon which in his/her judgment the Council should be
informed unless excused therefrom by the City Council, except when his/her removal
is under consideration by the City Council;
(c) Mail. To receive and open all mail addressed to the Council and give immediate
attention thereto to the end that all administrative business referred to in said
communications and not necessarily requiring councilmanic action,may be disposed
of between Council meetings. Provided that all actions taken pursuant to such
communications shall be reported to the Council at its next regular meeting thereafter;
(d) Coordination of Departments. To assist the Council in coordinating the
administrative functions and operations of the various departments, divisions and
services of the city government; and,on its behalf to carry out the policies, rules and
regulations and ordinances adopted by it,relating to the administration of the affairs
of such departments, divisions or services;
(e) Analysis and Recommendations. To analyze the functions,duties and activities of the
various departments, divisions and services of the city government and of all
employees thereof; and to make such recommendations to the Council with reference
thereto as in his/her judgment will result in the highest degree of efficiency in the
overall operation of the city government;
(f) Director of Civilian Defense. To act as local director of civilian defense;
(g) Budget Estimates. To cause to be prepared and submitted to him by each department,
division or service of the city government, itemized annual estimates of expenditures
required by any of them for capital outlay, salaries,wages and miscellaneous
05ord/admin sves update 1
Ord. 3718
• •
operating costs; to tabulate the same into a preliminary consolidated municipal budget
and submit the same to the Council before the fifteenth day of June of each year with
recommendations as to such changes which he/she deems advisable;
(h) Administration of Budget. To be responsible for the administration of the budget
after its final adoption, and to keep the Council informed with respect thereto;
(i) Supervision over Expenditures. As agent for the Council,to supervise the
expenditures of all departments, divisions or services of the city government;
Equipment Inventor and Purchase. To make and keepu to date an inventor of all
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property, real and personal, owned by the City, and to recommend to the Council the
purchase of new machinery,equipment and supplies whenever in his/her judgment
the same can be obtained at the best advantage, taking into consideration trade-in
value of machinery,equipment, etc., in use;
(k) Public Improvements. To develop and organize necessary public improvement
projects and programs; and to aid and assist the Council and various departments in
carrying the same through to successful conclusion;
(1) Cooperation with Community Organizations. To cooperate within lawful limits, with
all community organizations whose aim and purpose it is to advance the spiritual and
material interests of the City and its people; and to provide the, within lawful limits,
with assistance through the city government;
(m)Additional Duties. To perform such other duties pertaining to this position as the
Council may from time to time reasonably require;
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(n) Agency for Council--Limitations. The City Administrator shall act as the agent for
the City Council in the discharge of its administrative functions but shall not exercise
any policy-making or legislative functions whatsoever, nor attempt to commit or bind
the Council or any member thereof to any action,plan or program requiring official
councilmanic action;
(o) Duties Vested Elsewhere. It is not intended by this section to grant any authority to,
or impose any duty upon the City Administrator which is vested in or imposed by
general law or valid city ordinances in any other city commission,board,department,
officer or employee. (524-2/48, 1935-11/74)
2.08.030 Eligibility-Councilmember. No person elected as a Councilmember of the city
shall, subsequent to such election,be eligible for appointment as City Administrator until
one year has elapsed after such Councilmember shall have ceased to be a member of the
City Council. (740-12159)
2.08.050 Absence. The City Administrator shall designate an officer of the city to serve
as acting City Administrator during any temporary absence or disability of the City
Administrator. In the event of failure to make such designation, the City Council may
appoint an officer to perform the duties of the City Administrator during the period of
absence or disability of said City Administrator. (740-12/59)
2.08.060 Administrative contingency account. Consistently with section 518 of the City
Charter, the City shall maintain in the administrator's departmental budget an account to
be known as the administrative contingency account. The balance of this account at any
one time shall not exceed three thousand dollars L$3 000) and initially shall be so
05ord/admin Svcs update 2
Ord. 3718
budgeted. The City Administrator, when in his/her discretion it is in the best interests of
the city so to do, may without Council approval pay out of or encumber said account for
goods or services for municipal purposes which are not otherwise budgeted, in an amount
not to exceed the then unencumbered account balance. Provided,however, that at the
next regular or adjourned meeting of the City Council,the City Administrator shall report
any expenditures or encumbrances charged to said account and request that said
expenditures or encumbrances be transferred to the proper departmental budget account
or accounts,which shall have the effect of replenishing said administrative contingency
account to its original balance. Where no amount has been budgeted in any account
which may properly be charged with the expenditure or encumbrance, the administrator
shall present to Council at the next regular or adjourned regular meeting a resolution
amending the city budget to provide for such appropriation transfer. (2123-11n6)
2.08.120 Standard of conduct. In the discharge of his/her duties as City Administrator,
the person holding such position shall endeavor at all times to exercise the highest degree
of tact,patience and courtesy in contacts with the public and with all city commissions,
boards, departments, officers and employees, and shall use his/her best efforts to establish
and maintain a harmonious relationship between all personnel employed in the
government of this city to the end that the highest possible standards of public service be
continuous. (524-2/48)
2.08.130 Attendance at commission or board meetings. The City Administrator may
attend any and all meetings of any commissions, boards or committees hereafter created
by the City Council, upon his/her own volition or upon direction of the City Council. At
such meetings which the City Administrator attends, he/she shall be heard by such
commissions, boards or committees as to all matters upon which he/she wishes to address
the members thereof, and shall inform said members as to the status of any matter being
considered by the City Council,and shall cooperate to the fullest extent with the
members of all commissions, boards or committees appointed by the City Council. (740-
12/59)
2.08.140 Council Administrator relations. The City Council and its members shall deal
with the administrative services of the city only through the City Administrator, except
for the purpose of inquiry, and neither the City Council nor any members thereof shall
give any orders to any subordinates of the City Administrator. The City Administrator
shall take orders and instructions from the City Council as a body,and no individual
Councilmember shall give any orders or instructions to the City Administrator. (740-12/59)
SECTION 2. Section 2.16.020 of Chapter 2.16 of the Huntington Beach Municipal
Code is hereby amended to read as follows:
2.16.020 Powers. The City Treasurer shall have the power to:
(a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues
of the City, or for the collection of which the City is responsible,and receive all taxes
or other money receivable by the City from the County, State, or Federal
Governments, or from any court,or from any office, department, or agency of the
City.
(b) Have and keep custody of all public funds belonging to or under control of the City of
any office, department, or agency of the City government and deposit or cause to be
deposited all funds coming into his hands in such depository as may be designated by
resolution of the City Council,or, if no such resolution be adopted, then is such
05ord/admin sves update 3
Ord. 3718
depository designated in writing by the City Administrator,and in compliance with
all of the provisions of the State Constitution and laws of the State governing the
handling, depositing, and securing of public funds.
(c) Pay out monies only on proper orders or warrants in the manner provided for in the
City Charter.
(d) Prepare and submit to the Finance Officer monthly written reports of all receipts,
disbursements, and fund balances,and shall file copies of such reports with the City
Administrator and City Council.
(e) Manage the Business License functions of the City.
SECTION 3. Sections 2.72.020,2.72.040 and 2.72.070 of Chapter 2.72 of the
Huntington Beach Municipal Code are hereby amended to read as follows:
2.72.020 Division created. A personnel division is created and shall be under the
supervision and control of the City Administrator or his/her designee. (1225-8166,1642-6/71,
2464-12/80)
2.72.040 City Administrator--Duties: The City Administrator or his/her designee shall
administer the provisions of this code relating to personnel and city employees;the
personnel resolution; and the employer-employee relations resolution. The City
Administrator or his/her designee, shall be the city's principal representative in all
matters of employer-employee relations, with authority to meet and confer in good faith
with recognized employee organizations within the scope of representation and, shall
serve as secretary to the personnel board. (1225-8166, 1642-6/71,2464-12/80)
2.72. 070 Commission--Functions and duties. The Personnel Commission shall have the
power and be required to:
(a) Act in an advisory capacity to the City Council and City Administrator on personnel
administration;
(b) Make any investigation upon request of the City Council concerning the
administration of the personnel system and report its findings to the City Council and
City Administrator;
(c) Hear appeals on grievance matters for final decision except for such matters as may
be submitted to final and binding arbitration;
(d) Hear appeals from industrial disability retirement determinations made by the City
Administrator or his/her designee;
(e) Hear appeals from decisions of the City Administrator or his/her designee made
pursuant to the employer-employee relations resolution;
(f) Determine hearing procedures and select hearing officers and advisory arbitrators for
hearings;
(g) Review impasse matters as provided in the employer employee relations resolution;
05ord/admin svcs update 4
Ord. 3718
(h) Review charges alleging discrimination brought by employees or applicants for
employment; and
(i) Perform such other personnel duties and functions as may be prescribed by ordinance
or resolution. (1225-8/66,1642-6/71,2377-7/79,2464-12180)
SECTION 4. Section 2.76.010 of Chapter 2.76 of the Huntington Beach Municipal
Code is hereby amended 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:
(3088-1/91)
(a) Elective officers; (3088-1/91)
(b) City Administrator; (3088-1/91)
(c) Deputy City Administrator; (3088-1/91)
(d) Members of appointive boards commissions and comm ittees; (3088-
1I91)
(e) Persons engaged under contract to supply expert, professional,technical or other
services; (3088-1/91)
(f) Emergency employees who are hired to meet the immediate requirements of the
emergency; (3088-1/91)
(g) Employees who are employed to work a regular schedule of less than 1040 hours in
any fiscal year; (3088-1/91)
(h) Temporary employees. (1225-8/66, 1642-6/71,3088-1/91)
(i) Appointive Department Heads. (3122-1/94)
SECTION 5. Section 2.101.070 of Chapter 2.101 of the Huntington Beach Municipal
Code is hereby amended to read as follows:
2.101.070 Acceptance of gifts. The Board may accept all gifts, devises, legacies or
bequests, either real or personal property from any source,public or private. An
acquisition by or dispersal to the Board shall be administered through the Community
Services Department of the City on authorization from this Board. All acquisitions
and/or dispersals shall be consistent with the purposes and functions of the Board as set
forth in section 2.101.020 above. (2385-7/79,2690-7/84,2904-7/87)
SECTION 6. Section 2.107.080 of Chapter 2.107 of the Huntington Beach Municipal
Code is hereby amended to read as follows:
2.107.080 Acceptance of gifts. The board may recommend to the City Council the
g a acceptance of all gi
fts,fts, devises, legacies or bequests, either real or personal property from
any source, public or private. Any acquisition to the board shall be administered through
the Community Services Department of the city on authorization from this board. All
05ord/admin Svcs update 5
Ord. 3718
• •
acquisitions shall be consistent with the functions of the board as set forth in Section
2.107.060 above. Historic structures surveys, collection management policies and
documentation on historic artifacts will be reviewed by the board as required. (3083-12190)
SECTION 7. The following sections of Chapter 3.02 of the Huntington Beach
Municipal Code are hereby amended to read as follows:
3.02.010 Established. The Central Services Division is established for the purpose of
providing for centralized purchasing of all supplies, services and equipment for the
various agencies of the City. (2259-2/78,2464-12/80,3510-10/01)
3.02.020 Officer--Duties. The Finance Officer shall direct the activities of the Central
Services Division. The Purchasing/Central Services Manager shall be responsible to the
Finance Officer. (2259-2n8,2464-12/80,3510-10/01)
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:
(3510-10/01)
(a) Bid or Proposal Documents. The documents,including their attachments and
addenda, which set forth instructions to bidders or proposers,and are disseminated for
the purpose of soliciting bids or proposals.(3510-10/01)
(b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01)
(c) City Employee. An individual who performs services for the City in the capacity of
an elected or appointed official, or as a compensated employee of the City or of a
temporary services agency retained by the City. "City employee" does not include
independent contractors. (3510-10/01)
(d) Contract. Agreements,regardless of what they may be labeled,between the City and
one or more other parties for the purchase or disposition of goods and/or services.
(3510-10/01)
(e) ContractorNendor/Supplier. Any person who has entered into an agreement with the
City for the provision or disposition of goods and/or services. (3510-10/01)
(f) Finance Officer shall mean the Finance Officer or his/her designee. (3510-10/01)
(g) Financial Interest. (3510-10/01)
(1) Ownership of any interest or involvement in any relationship from which, or
as a result of which, a person has received compensation within the past year,
or is entitled to, or is currently receiving compensation; (3510-10/01)
(2) Ownership, whether wholly or in part, of any property or business; or(3510-
10/01)
(3) Status as an officer, director,trustee, partner, employee, or manager of a
business. (3510-10/01)
(h) Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials. (3510-10/01)
(i) Gratuity. A gift,payment, loan, advance,deposit of money,or service,presented or
promised in return for or in anticipation of favorable consideration in the procurement
05ord/admin svcs update 6
Ord. 3718
process. "Gratuity" does not include the compensation paid by or due from the City
or from a temporary service agency under contract with the City to an employee in
connection with the employee's services for the City. (3510-10/01)
(j) Immediate Family. Any spouse, child, stepchild, parent or stepparent of a City
employee. The relationship of parent to child includes both natural and adoptive
relationships. (3510-10/01)
(k) Local Business. A business entity with one or more fixed offices and/or locally
taxable distribution points within the boundaries of the City of Huntington Beach
which holds a current and valid City business license with a Huntington Beach
business street address. (3510-10/01)
(1) Maintenance and Repair Services. Services intended to preserve and/or restore a
public work to a clean, safe, efficient and/or continually usable condition.
Maintenance and repair services may include, but are not limited to: carpentry,
electrical,painting, plumbing, glazing and other craftwork to preserve a facility in the
condition for which it was intended; repairs, cleaning and other operations on
machinery and other equipment permanently attached to a facility as fixtures; the
mowing,pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and
the regular removal or relocation of by-products or waste products accumulated at
City facilities as the result of ongoing environmental processes. (3510-10/01)
(m)Person. Any individual, partnership, limited partnership, association, corporation,
labor union, committee, club, or governmental,public or quasi-public entity. (3510-
10/01)
(n) Procurement. The acquisition of goods and/or services by the City, including but not
limited to purchasing, rental or leasing, and all functions and procedures pertaining to
such acquisitions. (3510-10/01)
(o) Professional Services. Services, which involve the exercise of professional discretion
and independent judgment based on an advanced or specialized knowledge; expertise
or training gained by formal studies or experience. Such services include, but are not
limited to, those provided by appraisers, architects, attorneys, engineers, instructors,
insurance advisors,physicians and other specialized consultants. The procurement of
professional services is governed by Huntington Beach Municipal Code Section 3.03.
(3510-10/01)
(p) Responsible Bidder. A bidder determined by the awarding authority: (3510-10/01)
(1) To have the ability,capacity,experience and skill to provide the goods and/or
services in accordance with bid specifications; (3510-10/01)
(2) To have the ability to provide the goods and/or services promptly, or within
the time specified, without delay; (3510-10/01)
(3) To have equipment, facilities and resources of such capacity and location to
enable the bidder to provide the goods and/or services; (3510-10101)
(4) To be able to provide future maintenance, repair, parts and service for the use
of the goods purchased, if appropriate; (3510-10/01)
(5) To have a record of satisfactory or better performance under prior contracts
with the City and other purchasers where such bidder has previously been
awarded such contracts; (3510-10/01)
(6) To have complied with laws,regulations, guidelines and orders governing
prior or existing contracts performed by the bidder, if applicable; (3510-10/01)
05ord/admin Svcs update 7
Ord. 3718
(q) Responsive Bidder. A bidder determined by the Purchasing/Central Services
Manager to have submitted a bid or proposal which conforms in all material respects
to the requirements of the bid or proposal documents. (3510-10/01)
(r) Services. Work performed or labor,time and effort expended by an independent
contractor. (3510-10/01)
(s) Specifications. A description of the physical or functional characteristics or of the
nature of the required goods and/or services. (3510-10/01)
(t) Surplus Personal Property. Goods owned by the City which are no longer needed or
which are obsolete or unserviceable, property that is a by-product(scrap metal,used
tires and oil, etc.), or any unclaimed, seized or abandoned personal property in the
possession or custody of the department of public safety which maybe legally
disposed of by the City. (3510-10ro1)
3.02.030 Officer--Exemption from centralized purchasing. The Finance Officer may
authorize in writing any agency to purchase or contract for specified supplies, services
and equipment independently of the Purchasing Division; but he/she shall require that
such purchases or contracts be made in conformity with the procedures established by
this Chapter, and shall further require periodic reports from the agency on the purchases
and contracts made under such written authorization. (225s-2/78,2464-12/80,3510-10/01)
3.02.050 Procurement and disposition responsibilities. (3510-10101)
(a) The Director or his/her designee represented of the Department requiring goods and
services, other than professional services, shall: (3510-10/01)
(1) Identify its procurement needs and the availability of funding. (3510-10/01)
(2) Submit to the Purchasing/Central Services Manager specifications for the required
goods and/or services. (3510-10/01)
(3) Participate in the evaluation of bids and proposals, as required. (3510-10/01)
(4) Inspect goods delivered and services, other than professional services,performed
to determine conformity with the requirements set forth in the bid or proposal
documents and with contractual obligations, authorize payment for conforming
goods and/or services and notify the Purchasing/Central Services Manager of
nonconforming goods and/or services. (3510-10/01)
(b) Finance Officer. The Finance Officer shall be responsible for the procurement of
goods and/or services for the City in accordance with the provisions of this Chapter.
No procurement of goods and/or services shall be made by any City employee
independently of the Finance Officer except in cases of emergency, unless otherwise
authorized in writing by the City Administrator. The Finance Officer shall: (3510-10/01)
(1) Prepare and recommend to the City Administrator operational procedures and
forms for the procurement of goods and/or services in cooperation with the
Department Directors. (3510-10/01)
(2) Procure or supervise the procurement'of all goods and/or services needed in
coordination with the department. (3510-10ro1)
(3) Process the contracts awarded. (3510-tol01)
05ord/admin Svcs update 8
Ord. 3718
(4) Whenever possible,establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments.
(3510-10/01)
(5) Determine the types and amounts of bid security and any performance security
acceptable for City procurements. (3510-10101)
(6) Be the awarding authority for every procurement of goods and/or services for:
(3510-10/01)
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and(3510-10/01)
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount. (3510-10/01)
(7) Review the results of all formal competitive bid and proposal solicitations for
which the City Council is the awarding authority. (3510-10/01)
3.02.060 Equipment leases. Upon approval of the City Attorney, the Finance Officer
may enter into contracts to lease equipment in the following circumstances: (2259-2/78,2464-
12/80,3322-3/96,3510-10/01)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for
the amount of the lease payments for the current fiscal year. (3322-3/96)
(b) The annual budget for the fiscal year in which the lease is or was entered into
provides that: (3322-3/96)
(i) The equipment may be leased; (3322-3/96)
ii The useful life of the equipment; 3322-3/96
( ) t )
(iii) The lease term; (3322-3196)
(iv)The annual lease payment; and (3322-3/96)
(v) The interest rate." (3322-3196)
3.02.070 Methods of procurement. (3510-10/01)
(a) Small Procurements. Procurements anticipated to cost$30,000 or less in one
transaction shall be made using simplified and cost effective operational procedures
and forms without use of formal or informal bids. Requirements shall not be
artificially divided so as to constitute a small purchase under this subsection. (3510-
10/01)
(b) Formal Competitive Bids. Procurements anticipated to cost more than$30,000 in one
transaction shall be made by issuance of written invitations for bids. Bid documents
include, at a minimum; instructions to bidders; specifications describing the required
goods and/or services; bid forms and schedules; any required bond forms and
proposed contract terms and conditions. The circumstances may require that a
contract award be based on factors in addition to price. (3510-10/01)
(c) Competitive Negotiation. The Purchasing/Central Services Manager may establish,
and the bid or proposal documents shall clearly define in a competitive negotiation
procurement a two-tiered process in which bids or proposals, as first received,
05ord/admin Svcs update 9
Ord. 3718
constitute preliminary offers only. Subject to the-Purchasing/Central Services
Manager's judgment, the Purchasing/Central Services Manager shall have the
authority to enter into negotiations with those persons reasonably likely of being
considered for selection for contract award. Following such negotiations, best and
final bids or proposals will be accepted by the Purchasing/Central Services Manager.
Bidders or proposers shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of bids or proposals. During negotiation,
there shall be no disclosure beyond the City staff evaluating the matter of any
information derived form bids or proposals submitted by competing bidder or
proposers. The contract
ract award shall be made to the bidder or proposer whose bid or
proposal offers the best value to the City, taking into consideration price and the
evaluation criteria set forth in the bid or proposal documents. (3510-10/01)
3.02.080 Competitive bidding requirement; exemptions. (3510-10/01)
(a) Contracts for goods and/or services for which the cost to the City in one transaction
will exceed$30,000 shall be let by formal competitive bidding or proposals pursuant
to this Chapter. Procurement requirements shall not be artificially divided so as to
avoid the competitive bidding requirement. (3510-10/01)
(b) The following are exemptions to the competitive bidding requirements: (3510-10101)
(1) Professional or specialized services, as defined by this Chapter; (3510-
10/01)
(2) Emergency procurements,as defined by this Chapter; (3510-10101)
(3) Situations where solicitations of bids or proposals would for any reason
be impractical, unavailing or impossible; (3510-10/01)
(4) Sole source goods or services; (3510-10/01)
(5) Insurance and bonds; (3510-10/01)
(6) Public library collection materials or services for the provision of public
library collection materials or other books or periodicals; (3510-10/01)
(7) Procurements funded by grants, donations or gifts when the special
conditions attached to the grants, donations or gifts require the
procurement of particular goods and/or services; (3510-10/01)
(8) Goods and/or services obtained from or through agreement with any
governmental, public or quasi-public entity; (3510-10/01)
(9) Works of art, entertainment or performance; (3510-10/01)
(10) Surplus personal property owned by another governmental,public or
quasi-public entity; (3510-10/01)
(11) Membership dues, conventions,training, and travel arrangements; (3510-
10/01)
(12) Advertisements in magazines, newspapers, or other media; (3510-10101)
(13) Goods procured from resale to the public; or(3510-10101)
(14) Where Competitive bids or proposals have been solicited and no bid or
proposal has been received. In such a situation the Purchasing/Central
Services Manager may proceed to have the services performed or the
goods procured without further competitive bidding; (3510-10/01)
(c) The Purchasing/Central Services Manager shall conduct negotiations, as appropriate,
as to price, delivery and terms and may require the submission of cost or pricing data
in connection with the award of a contract which does not require competitive
bidding. (3510-10/01)
05ord/admin sves update 10
Ord. 3718
A Nothing in this section shall preclude the solicitation of competitive bids or proposals,
when possible. (3510-10ro1)
3.02.090 Pre-bid conferences or site inspections. When deemed necessary the
Purchasing/Central Services Manager is authorized to require bidders or proposers to
attend pre-bid conferences or site inspections prior to the time and date set for receipt of
bids or proposals and to consider bidders or proposers not in attendance as non-
responsive. (3510-10/01)
3.02.110 Correction or withdrawal of bids. (3510-10/01)
(a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes
discovered by a bidder before the date and time for receipt of bids may be modified or
withdrawn by written notice to the Purchasing/Central Services Manager received
prior to the deadline. (3510-10/01)
(b) After Date and Time for Receipt of Bids. A bidder may not change its bid or
proposal after the date and time set for receipt of bids. (3510-10/01)
(c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be
permitted to withdraw its bid or proposal provided that it establishes the following to
the satisfaction of the awarding authority: (3510-10/01)
(1) A mistake was made; (3510-10/01)
(2) The bidder gave written notice of the mistake, and the manner in which it
occurred,to the Purchasing/Central Services Manager within five calendar
days following the deadline for receipt of bids; (3510-10101)
(3) The mistake made the price materially different than the bidder intended it
to be; (3510-10/01)
(4) The mistake was made in filling out the bid and not due to error in
judgment or to carelessness in inspecting the site of the work or in reading
the bid documents; (3510-10/01)
(5) If the awarding authority deems it to be in the best interest of the City, it
may allow the lowest bidder to withdraw its bid and award a contract to
the next lowest bidder. In the event that bid security was required and
provided by the lowest bidder, the amount of the lowest bidder's bid
security shall be applied to the difference between the lowest bid and the
next lowest bid and the surplus, if any, shall be returned to the lowest
bidder or the bidder's surety, as applicable. (3510-10/01)
3.02.120 Receipt of bids or proposals. (3510-10/01)
(a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in
response to formal competitive bid or proposal solicitations shall be received by the
Purchasing/Central Services Manager at a time, date and place designated in the bid
or proposal documents. Said bids and proposals shall be identified as such on the
outside cover. (3510-10101)
(b) Public Opening. Formal competitive bids or proposals, timely received, will be
publicly opened by the Purchasing/Central Services Manager in the presence of one
or more witnesses at the location designated in the bid notice. If members of the
public are present, the names of those submitting bids and the aggregate bid pricing
shall be read aloud at or shortly following the deadline for receipt of formal
competitive bids except those involving competitive negotiation. (3510-10/01)
05ord/admin Svcs update i 1
Ord. 3718
(c) Late Receipt. Formal competitive bids or proposals received after the deadline for
receipt of bids shall not be accepted and shall be returned to the bidder unopened
unless necessary for identification purposes. The Purchasing/Central Services
Manager shall submit written notification to the bidder stating what the deadline was,
when the bid or proposal was actually received, and that it is being returned because it
was received too late. (3510-10/01)
(d) No Receipt. If no bids or proposals are received in response to a competitive
solicitation for goods and/or services, or if none of the bids or proposals meet the
requirements as specified in the solicitation document, the Purchasing/Central
Services Manager may reissue the solicitation or the awarding authority may
authorize the procurement of the required goods and/or services without further
complying with competitive bidding requirements,or the City may cease the
procurement. An authorization to procure without bidding shall be documented and
become part of the procurement records available for public inspection. (3510-10/o1)
3.02.130 Evaluation of bids or proposals. (3510-10101)
(a) One Bid Received. In the event that a single bid or proposal is received,the
Purchasing/Central Services Manager shall have the authority to require the bidder or
proposer to submit cost or pricing data to assist in determining if the price is
reasonable. If the awarding authority determines that a bid price for goods and/or
services is not reasonable, it may either reject the bid or it may authorize the
Purchasing/Central Services Manager to attempt to negotiate a reasonable price with
the bidder or proposer, subject to the awarding authority's acceptance. Negotiation
shall be completed within a reasonable time, as specified by the awarding authority.
Should such negotiation fail,the bid may be rejected. (3510-10/01)
(b) Tie Bids. In the event that an identical price is received from two or more responsive
and responsible bidders, and in the judgment of the awarding authority the public
interest will not be served by re-advertising for bids,the awarding authority may
authorize the Purchasing/Central Services Manager to negotiate for the best possible
price. If one of the bidders is a local business then the tie bid will be awarded to the
local bidder without the negotiations. (3510-10/01)
(c) Irregularities. In considering bids or proposals for any goods and/or services contract,
the awarding authority may waive, if it wishes to do so, minor defects or irregularities
in the bids or proposals,provided that the discrepancy does not affect the bid or
proposal amount or give the bidder or proposer an advantage over others. (3510-10101)
3.02.150 Cancellation of solicitations; Rejection of bids. (3510-10/01)
(a) Cancellation of Solicitations. The Purchasing/Central Services Manager may cancel
competitive bid or proposal solicitations before the date and time set for receipt of
bids or proposals upon a written determination that such action is in the City's best
interest for reasons including, but not limited to any of the following: (3510-10/01)
(1) The City no longer requires the goods and/or services, as determined by the City;
(3510-10/01)
(2) The City no longer can reasonably expect to fund the procurement, as determined
by the, Finance Officer, City Administrator or City Council; (3510-10101)
(3) Proposed amendments to the solicitation would be of such magnitude that a new
solicitation is desirable; (3510-10/01)
05ord/admin sves update 12
Ord. 3718
(b) Rejection of Bids. The Purchasing/Central Services Manager may reject, in whole or
in part, bids or proposals received in response to informal competitive bid or proposal
solicitations, and may reject, in whole or in part, bids or proposals received in
response to formal competitive bid or proposal solicitations. If all bids are rejected,
the City has the discretion to readvertise. (3510-10ro1)
(c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be
made part of the procurement records. (3510-10/01)
3.02.160 Procurement records, Public inspection. (3510-10101)
(a) Records Maintenance. The Purchasing/Central Services Manager shall maintain
records for each procurement which include, at a minimum,the procurement request
from the Department; the bid or proposal documents for the procurement, if any; any
and all bids or proposals received; the basis on which contract award is made; and a
copy of any and all contracts awarded. Such records shall be maintained for a period
of time in compliance with state law and the City's records retention schedule and
shall be available for public inspection during normal City business hours. (3510-10/01)
(b) Public Inspection. Informal and formal competitive bids not involving competitive
negotiation shall be available for public inspection following the date and time set for
receipt of bids. Informal and formal competitive proposals and formal competitive
bids involving competitive negotiation shall be available for public inspection
following contract award or rejection. The City will not disclose any pricing
agreements it may have during the bidding process. (3510-10/01)
3.02.170 Bonds and other security; insurance requirements. (3510-10/01)
(a) When Required. The Purchasing/Central Services Manager shall have the authority
to require bid, performance and payment security or specific types and amounts of
insurance coverage for specific procurements to the extent required by state law or
upon a determination that it is in the best interest of the City to do so. (3510-10/01)
(b) Bid Security. Bid security, if required, shall be submitted with the bid and shall be a
certified check, cashier's check or surety bond issued by an admitted surety insurer
authorized to conduct business in the state of California. If a bidder fails to submit
the required bid security with the bid, the bid shall be deemed non-responsive. After
bids are opened, bid security is irrevocable for the period specified in the invitation
for bids. If the successful bidder fails to execute the contract.within the time
specified, the total amount of the bid security shall be forfeited to the City. The
security of an unsuccessful bidder shall be returned to the bidder no later than sixty
calendar days from the date of contract award. (3510-10/01)
(c) Performance Security. Performance security, if required, shall be in the form of a
bond acceptable to the City and issued by an admitted surety insurer authorized to
operate in the state of California. (3510-10/01)
(d) Form of Bonds. The only bonds acceptable to the City shall be those executed on
forms approved by the City Attorney and included with the bid or proposal
documents. (3510-10/01)
05ord/admin svcs update 13
Ord. 3718
• i
3.02.180 Local business preference. (3510-10/01)
(a) Subject to the limitations contained in this section,the Purchasing/Central Services
Manager shall extend a bidding advantage to a local business in the form of a 1%
price preference in the evaluation of bids or proposals for the procurement of goods.
(3510-10/01)
(b) The following contracts are exempt from the provisions of this section: (3510-10/01)
(1) Contracts funded in whole or in part from grants, donations or gifts to the City if
the provisions of this section conflict with any special conditions attached to the
grants,donations or gifts, provided the special conditions have been approved and
accepted pursuant to the donations policy of the City. (3510-10/01)
(2) Emergency procurements. (3510-10/01)
(3) Sole source contracts. (3510-10/01)
(c) After a due process hearing, should the City Administrator determine that a price
preference was received under this section through an intentional misstatement, the
recipient of any such price preference shall be subject to a civil penalty of treble the
dollar price preference received or$5,000.00,whichever is greater. (3510-10ro1)
3.02.190 Exempt and emergency procurements. The following purchases and
procurements are exempted from the requirements of this Chapter:
(a) Public works construction contracts. Those public works construction contracts, and
the separate procurement of materials and supplies therefor,that are governed by
other applicable laws, including but not limited to the City Charter. (3510-10/01)
(b) Emergency purchases and procurements. An emergency shall be deemed to exist if:
(3510-10/01)
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an
immediate procurement in order to safeguard the public health, safety or welfare;
(4) An essential,departmental operation affecting the public health, safety or welfare
would be greatly hampered if the prescribed procurement procedure would cause
an undue delay in the procurement of the needed service.
In case of an emergency which requires the immediate procurement of a commodity
or service, the City Administrator may authorize the Finance Officer to secure by the
open-market procedure, at the lowest obtainable price, any service or commodity
regardless of the amount of the expenditure. (3510-10/01)
(c) Interagency purchase agreements. Procurements utilizing agreements maintained by
other public agencies for the provision of services or supplies to such agencies are
exempt from the bidding and/or request for proposal process requirements of this
Chapter. (3510-10/01)
(1) Cooperative Procurement. Notwithstanding any other provision of this Chapter,
the Purchasing/Central Services Manager may authorize the City's participation
05ord/admin Svcs update 14
Ord. 3718
with one or more other governmental,public or quasi-public agencies in a
cooperative agreement for the procurement of goods and/or services,provided
that at least one of the agencies has solicited bids using methods similar to those
set forth in this Chapter. (3510-10/01)
(2) Use of Another Entity's Contract. The Purchasing/Central Services Manager may
authorize the procurement of goods and/or services through the use of a contract
initiated by another governmental,public or quasi-public entity,provided that the
original parties to the contract agree, the contract was awarded. The contract is
for identical or nearly identical goods and/or services, and the contract resulted
from a competitive bid using methods similar to those required by this Chapter.
(3510-10/01)
(3) Mutual Aid. The Purchasing/Central Services Manager may sell to, acquire from,
or use goods belonging to another government,public or quasi-public agency
independent of the requirements of this Chapter and under the terms agreed upon
between the parties, provided that such activity does not adversely affect City
services and is approved in advance in writing by the City Administrator. (3510-
10/01)
(d) Sole-source procurements. In those cases where the procurement of any product or
supply is obtainable only from a single or sole source,based upon the good faith
review of available products and services by the Finance Officer, the Finance Officer,
and with the assistance of the City Attorney, shall negotiate with the purveyor of such
equipment, product, supply or service, to the end that the City receives the desired
product, equipment, service or supply on fair and equitable terms. Examples of
acceptable sole source purchases are equipment for which there is no comparable
competitive product, a component or replacement part for which there is no
commercially available substitute and which can be obtained only from the
manufacturer, and an item where compatibility with items in use by the City is the
overriding consideration. Purchases from regulatedpublic utilities may be made
pursuant to applicable tariff without regard to this section. (3510-10101)
3.02.200 Disqualification of vendors. The Finance Officer may, for good cause
appearing:(3510-10/01)
(a) decline to accept offers,bids or quotations from prospective vendors; and/or(3510-
10/01)
(b) deem a prospective bidder/vendor as non-responsive or non-responsible. (3510-10/01)
A bidder/vendor whose offer, bid or quotation has been declined or has been deemed
non-responsive or non-responsible shall have the right to appeal such decision of the
Finance Officer to the City Administrator within a reasonable time after demand made in
writing to the Finance Officer to accept the proffered bid, offer or quotation. (2259-2/78,
2464-12180,3510-10101)
3.02.210 Disposition of surplus personal propertL. (3510-10/01)
(a) Authority. The Purchasing/Central Services Manager is authorized to sell or dispose
of surplus personal property having a salvage value in the open market, by public
auction,by competitive sealed bids or by exchange or trade-in for new goods. The
sale or lease of surplus personal property to a governmental, public or quasi-public
agency maybe without advertisement for or receipt of bids. (3510-10101)
05ord/admin Svcs update 15
Ord. 3718
0
(b) Property with No Salvage Value. Surplus personal property with no salvage value, as
determined by the Purchasing/Central Services Manager, shall be disposed of in a
manner that salvages recyclable components, if practical. (3510-10/01)
(c) Unclaimed, Seized or Abandoned Property. The Purchasing/Central Services
Manager is authorized to sell or dispose of all goods in the possession or custody of
the police department which are unclaimed, seized and/or abandoned and may be
legally disposed of by the City. (3510-10101)
(d) Records. The Purchasing/Central Services Manager shall provide reports to the City
Administrator which indicate surplus personal property disposed of,the method of
disposal, and the amounts recovered from its disposal and shall maintain records for
public inspection relative to the disposal of surplus personal property for a period of
time in compliance with state law and the City's records retention schedule. (3510-10/01)
(e) Donations. Upon approval in advance in writing of the City Administrator, surplus
personal property may be donated to governmental,public or quasi-public agencies,
charitable or non-profit organizations. (3510-10/01)
(f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be
deposited into the appropriate City fund. (3510-10/01)
3.02.220 Ethics. (3510-10/01)
(a) Statement of Policy. City employees shall discharge their duties impartially so as to
assure fair competitive access to City procurement opportunities by responsible
contractors. Moreover, they shall conduct themselves in such a manner as to foster
public confidence in the integrity of City procurement activities. (3510-10/01)
(b) Conflict of Interest. No City employee shall participate directly or indirectly in a City
procurement when the employee knows that: (3510-10/01)
(1) The employee or any member of the employee's immediate family has a financial
interest pertaining to the procurement; or(3510-10/01)
(2) The employee or any member of the employee's immediate family is negotiating
or has an employment arrangement which is contingent upon or will be affected
by the procurement. (3510-10/01)
(c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of
interest, an employee shall promptly withdraw from further participation in the
procurement. (3510-10/01)
(d) Gratuities. No person shall offer, give or agree to give any City employee any
gratuity or offer of employment in connection with a procurement by the City. No
City employee shall solicit,demand, accept or agree to accept from any other person
a gratuity or an offer of employment in connection with a procurement by the City.
(3510-10101)
SECTION 8. All other sections of Chapters 2.08, 2.16, 2.72, 2.76, 2.101, 2.107 and 3.02
not amended herein shall remain in full force and effect.
05ord/admin svcs update 16
Ord. 3718
SECTION 9. 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 5th day of J„t 3 , 2005
kVayW Z
14A.00-
ATTEST: APPROVED AS TO FORM:
City Clerk UCity Atiorney t
REVIEWED, INITIATED AND APPROVED:
Ci Administrator
05ord/admin svcs update 17
Ord.No. 3718
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 20th day of June, 2005,and was again read to said City
Council at a regular meeting thereof held on the 5th day of July,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, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-ofcio 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 July 14,2005.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Cit Jerk and ex-officio rk
Deputy City clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO . 2
ORDINANCE NO.
LEGISLATIVE DRAFT
Chapter 2.08
A DN41NIST- A T-IVE OFFICER CITY ADMINISTRATOR
(524-2/48, 1935-11/74, 740-12/59,2123-11/76)
Sections:
2.08.010 Powers--Duties
2.09.020
2.08.030 Eligibility--Councilmen member
7 08L-vv.040 Bond
2.08.050 Absence
2.08.060 Administrative contingency account
2.-08.070 Renzeval ne-wring
2.08.080 Repealed--Ord. 2123-11/76
2.08.090 Repealed--Ord. 2123-11/76
2.08.100 Repealed--Ord. 2123-11/76
2.08.120 Standard of conduct
2.08.130 Attendance at commission or board meetings
2.08.140 Council administrator relations
2.08.010 Powers--Duties. In addition to the powers and duties of the City Administrator
enumerated in the Huntington Beach City Charter, Article VI,the following shall also apply:
(a) Route Administration. To execute on behalf of the Council, its administrative supervision
and control of such affairs of the City, as may be placed in his/her charge;
(b) Meeting. To attend meetings of the Council, with the duty of reporting on or discussing any
matter concerning the affairs of the departments, services or activities under his/her
supervision upon which in his/her judgment the Council should be informed unless excused
therefrom by the City Council, except when his/her removal is under consideration by the
City Council;
(c) Mail. To receive and open all mail addressed to the Council and give immediate attention
thereto to the end that all administrative business referred to in said communications and not
necessarily requiring councilmanic action, may be disposed of between Council meetings.
Provided that all actions taken pursuant to such communications shall be reported to the
Council at its next regular meeting thereafter;
(d) Coordination of Departments. To assist the Council in coordinating the administrative
functions and operations of the various departments, divisions and services of the city
government; and, on its behalf to carry out the policies, rules and regulations and ordinances
adopted by it, relating to the administration of the affairs of such departments, divisions or
services;
(e) Analysis and Recommendations. To analyze the functions, duties and activities of the
various departments, divisions and services of the city government and of all employees
thereof, and to make such recommendations to the Council with reference thereto as in
his/her judgment will result in the highest degree of efficiency in the overall operation of the
city government;
(f) Director of Civilian Defense. To act as local director of civilian defense;
(g) Budget Estimates. To cause to be prepared and submitted to him by each department,
division or service of the city government, itemized annual estimates of expenditures required
by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to
tabulate the same into a preliminary consolidated municipal budget and submit the same to
legisdrWadmin svcs/mc0208 1
the Council before thefeenth day of June of each year with A- commendations as to such
changes which he/she deems advisable;
(h) Administration of Budget. To be responsible for the administration of the budget after its
final adoption, and to keep the Council informed with respect thereto;
(i) Supervision over Expenditures. As agent for the Council, to supervise the expenditures of all
departments, divisions or services of the city government;
0) Equipment Inventory and Purchase. To make, and keep up to date, an inventory of all
property, real and personal, owned by the City, and to recommend to the Council the
purchase of new machinery, equipment and supplies whenever in his/her judgment the same
can be obtained at the best advantage, taking into consideration trade-in value of machinery,
equipment, etc., in use;
(k) Public Improvements. To develop and organize necessary public improvement projects and
programs; and to aid and assist the Council and various departments in carrying the same
through to successful conclusion;
(1) Cooperation with Community Organizations. To cooperate within lawful limits, with all
community organizations whose aim and purpose it is to advance the spiritual and material
interests of the City and its people; and to provide the, within lawful limits, with assistance
through the city government;
(m)Additional Duties. To perform such other duties pertaining to this position as the Council
may from time to time reasonably require;
(n) Agency for Council--Limitations. The ^,tnif ist„^tive Off ee f City Administrator shall
act as the agent for the City Council in the discharge of its administrative functions but shall
not exercise any policy-making or legislative functions whatsoever, nor attempt to commit or
bind the Council or any member thereof to any action,plan or program requiring official
councilmanic action;
(o) Duties Vested Elsewhere. It is not intended by this section to rant any authority to, or
impose any duty upon the ^,tministf tive Off ee City Administrator which is vested in
or imposed by general law or valid city ordinances in any other city commission, board,
department, officer or employee. (524-2/48, 1935-11/74)
teffufe of ff ee the Administfative Off ee shalt feside within the it, n 9)
2.08.030 Eligibility Cetm.il ffi,„ Councilmember. No person elected as a
Councilmember of the city shall, subsequent to such election, be eligible for appointment
as ",am inist,.a4ive Off eeff City Administrator until one year has elapsed after such Getffieil
ale Councilmember shall have ceased to be a member of the City Council. (740-12/59)
as befein pr-eser-ibed. Afty premium fef sueh bend shall be a pfopef ehafge against the . (740-
12/59)
2.08.050 Absence. The ^,t. mist, tiye off ee City Administrator shall designate an
officer of the city to serve as acting ^,aministf tive Off ee CiPity
Administrator during any
^,ttemporary absence or disability of the mini,tftive Offiete Administrator. In the
event of failure to make such designation, the City Council may appoint an officer to perform the
duties of the s dffl n:st,..,tive Off ee City Administrator during the period of absence or
disability of said ^,t., mist, tive Off; City Administrator. (740-12/59)
legisdrWadmin svcs/mc0208 2
2.08.060 Administrative Oingency account. Consistently with soon 518 of the City
Charter, the City shall maintain in the administrator's departmental budget an account to be
known as the administrative contingency account. The balance of this account at any one time
shall not exceed three thousand dollars ($3,000) and initially shall be so budgeted. The City
Administrator, when in his/her discretion it is in the best interests of the city so to do, may
without Council approval pay out of or encumber said account for goods or services for
municipal purposes which are not otherwise budgeted, in an amount not to exceed the then
unencumbered account balance. Provided, however, that at the next regular or adjourned
meeting of the City Council,the City Administrator shall report any expenditures or
encumbrances charged to said account and request that said expenditures or encumbrances be
transferred to the proper departmental budget account or accounts, which shall have the effect of
replenishing said administrative contingency account to its original balance. Where no amount
has been budgeted in any account which may properly be charged with the expenditure or
encumbrance, the administrator shall present to Council at the next regular or adjourned regular
meeting a resolution amending the city budget to provide for such appropriation transfer. (2123-
11/76)
2.08.070 Remeyal He�—@fjipgg. Within seven days after-the defivefy to the Adfninistfative Offie
Geuneil "'e City Cethaeil shall fi�i a time for-the heafing w-hieh shall be held a
-(740-12/59)
2.08.120 Standard of conduct. In the discharge of his/her duties as ^dri iris+,.a4ive O ffiee
City Administrator, the person holding such position shall endeavor at all times to exercise
the highest degree of tact,patience and courtesy in hi-s-contacts with the public and with all city
commissions, boards, departments, officers and employees, and shall use his/her best efforts to
establish and maintain a harmonious relationship between all personnel employed in the
government of this city to the end that the highest possible standards of public service be
continuous. (524-2/48)
2.08.130 Attendance at commission or board meetings. The ^d ffi fi� a- ve O ffiev, City
Administrator may attend any and all meetings of any commissions,boards or committees
hereafter created by the City Council, upon his/her own volition or upon direction of the City
Council. At such meetings which the ^,am mist fati a Offiee City Administrator attends,
he/she shall be heard by such commissions, boards or committees as to all matters upon which
he/she wishes to address the members thereof, and he shall inform said members as to the status
of any matter being considered by the City Council, and he shall cooperate to the fullest extent
with the members of all commissions, boards or committees appointed by the City Council. (740-
12/59)
2.08.140 Council Administrator relations. The City Council and its members shall deal with the
administrative services of the city only through the "a...inistfative O fflee,. City
Administrator, except for the purpose of inquiry, and neither the City Council nor any
members thereof shall give any orders to any subordinates of the Administrative O ffiee, City
Administrator. The ^dmif ist+ 4ilve Offeor City Administrator shall take borders and
instructions from the City Council as a body, and no individual Council member shall give
any orders or instructions to the ^dministfati e Of fi City Administrator. (740-12/59)
legisdrWadmin svcs/mc0208 3
ORDINANCE NO. 1' VZ 0
LEGISLATIVE DRAFT
Chapter 2.16
CITY TREASURER
(15-5/09,265-11/23, 1935-11/74,2052-5/76,2991-4/89, 3008-8/89,3507-10/01)
Sections:
2.16.010 Establishment
2.16.020 Powers
2.16.030 Duties
2.16.040 Appointment of subordinates
2.16.050 Funds
2.16.010 Establishment. There is hereby established a Department of City Treasurer.
2.16.020 Powers. The City Treasurer shall have the power to:
(a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues of the
City, or for the collection of which the City is responsible, and receive all taxes or other
money receivable by the City from the County, State, or Federal Governments, or from any
court, or from any office, department, or agency of the City.
(b) Have and keep custody of all public funds belonging to or under control of the City of any
office, department, or agency of the City government and deposit or cause to be deposited all
funds coming into his hands in such depository as may be designated by resolution of the
City Council, or, if no such resolution be adopted,then is such depository designated in
writing by the City Administrator, and in compliance with all of the provisions of the State
Constitution and laws of the State governing the handling, depositing, and securing of public
funds.
(c) Pay out monies only on proper orders or warrants in the manner provided for in the City
Charter.
(d) Prepare and submit to the Chief f "dministr-alive sel=viees Finance Officer monthly
written reports of all receipts, disbursements, and fund balances, and shall file copies of such
reports with the City Administrator and City Council.
(e) Manage the Business License functions of the City.
2.16.030 Treasurer-Duties. The City Treasurer shall be the head of the City Treasurer's
Department and shall be elected by the voters. The City Treasurer shall have the following
duties:
(a) Plans, organizes, directs, and coordinates all programs and activities of the City Treasurer's
Department.
(b) Determines and directs department policies,procedures, and organization.
(c) Obtains quotes for the investment of funds under his or her control, authorizes purchases,
maintains documentation,receives payments, schedules maturities, authorizes fund transfers,
calculates and makes daily repurchase agreements, and establishes and maintains an
Investment Policy pursuant to the California Government Code. (3507-10/01)
(d) Establishes and controls all bank accounts, negotiates services and contracts with bank,
makes daily deposits,handles returned checks and reconciliation thereof.
10/01
legisdraft/admin Svcs/mc0216 I
10/01 •
2.16.030(e)--2.16.050 Huntington Beach Municipal Code
(e) Collects monies owed to the City whether by tax,fee, charge,judgment, settlement or
otherwise; utilizes letters, phone calls, and collection agencies as required; and may write off
uncollectible items up to $10,000 without further authorization, between$10,000 and
$50,000 with the prior approval of the City's Settlement Committee and in excess of$50,000
with City Council approval only. (3507-10/01)
(f) Makes cash flow projections on a weekly and monthly basis.
(g) Manages the Business License operation including the issuance of permits, receipting of oil
well royalties, and the transient occupancy tax.
(h) Receives all City monies including water and trash fees.
(i) Maintains all trusts,bonds, security agreements, and funds for the City including the filing,
depositing, refunds and releases, letters of release, and inquiries relating thereto.
(j) Prepares, submits, and administers the annual budget for his or her department. (3507-10/01)
(k) Performs such other duties and has such other powers as the City Council may establish
hereafter by resolution consistent with the City Charter.
(1) Administer and enforce all Municipal Code regulations regarding the collection of monies
owed to the City, including but not limited to: (3507-10/01)
(1) Huntington Beach Municipal Code Licensing Procedures
(Chapter 5.08) (3507-10/01)
(2) Huntington Beach Municipal Code Natural Resource Production
(Chapter 5.32) (3507-10/01)
(3) Transient Occupancy Tax
(Chapter 3.28) (3507-10/01)
(4) Late Charges
(Chapter 3.48) (3507-10/01)
(5) Service Connections
(Chapter 14.08) (3507-10/01)
(6) Fees, Rates and Deposits
(Chapter 14.12) (3507-10/01)
2.16.040 Appointment of subordinates. The City Treasurer, may, subject to the approval of the
City Council, appoint such Deputy or Deputies to assist the City Treasurer, or to act for him or
her, in carrying out the duties and responsibilities of this Chapter, at such salaries or
compensation as the Council may by ordinance or resolution prescribe. (3507-10/01)
2.16.050 Funds. All funds previously created and/or designated by ordinance shall continue and
be maintained until expressly eliminated or otherwise disposed of by ordinance.
10/01
legisdraft/admin svcs/mc0216 2
ORDINANCE NO. ~�
LEGISLATIVE DRAFT
Chapter 2.72
PERSONNEL SYSTEM
(1225-8/66, 1642-6/71,2058-6/76, 2377-7/79,2464-12/80,2665-12/83,2926-2/88,3323-5196)
Sections:
2,72.010 Adopted
2.72.020 Division created
2.72.030 Repealed, Ord. 2464-12/80
2.72.040 Director--Duties
2.72.050 Commission created
2.72.060 Commission--Members--Terms
2.72.065 Service limitation
2.72.070 Commission--Functions and duties
2.72.080 Meetings--Chairperson
2.72.090 Oaths--Affirmations
2.72.100 Employer-employee relations
2.72.110 Self-insurer's loss and fund account
2.72.010 Adopted. In order to establish an equitable and uniform procedure for dealing with
personnel matters;to attract to municipal service the best and most competent persons available;
to assure that appointments and promotions of employees will be based on merit and fitness; and
to provide a reasonable degree of opportunity for qualified employees, the following personnel
system is adopted. (1225-8/66)
2.72.020 Division created. A personnel division is created and shall be under the supervision
and control of the ehie f of adfninis4afive se es City Administrator or his / her
designee. (1225-8/66, 1642-6/71,2464-12/80)
2.72.040 DifeEter CiV Administrator--Duties. The ^a. inistfa4ilye Sei=v ees Chien City
ministrator or his her designee shall administer the provisions of this code relating
to personnel and city employees;the personnel resolution; and the employer-employee relations
resolution. The City Administrator or He e> his/ her designee, shall be the city's
principal representative in all matters of employer-employee relations, with authority to meet and
confer in good faith with recognized employee organizations within the scope of representation
and He er his designoo, shall serve as secretary to the personnel board. He shall ha-,�e atAher-ity
bear-d not ineensistei4 with the eity ChaAer-, this ehapter-and the above named fesolu
(1225-8/66, 1642-6/71,2464-12/80)
2.72.050 Commission created. There is hereby created a Personnel Commission to consist of
seven (7)members. (1225-8/66,2377-7/79,2665-12/83)
2.72.060 Commission--Members--Terms. The members of the Personnel Commission shall be
appointed by the City Council from the electors of the city. No member shall hold any paid
office or employment in the city government while serving on the commission or for one (1)year
after ceasing to be a member. Members shall be subject to removal by motion of the City
Council, adopted by the affirmative votes of a majority of the total membership thereof. The
members thereof shall serve for terms of four(4)years and until their respective successors are
appointed and qualified. The terms shall be staggered so that the number of terms expiring in
any year shall not vary by more than one from the number of terms expiring in any other year.
Terms shall expire on June 30 of the appropriate year. A vacancy occurring before the expiration
of a term shall be filled by appointment for the remainder of the unexpired term. (1225-8/66,
2377-7/79,2926-2/88,3323-5/96)
2.72.065 Service limitation. No person shall serve more than two (2)consecutive terms on the
Commission. The terms of any persons having already served at least two (2) consecutive terms
legisdraft/admin svcs/mc0272 1
on the Commission on the*ctive date of this ordinance shall termete immediately upon the
City Council appointing their successor. (3323-5/96)
2.72. 070 Commission--Functions and duties. The Personnel Commission shall have the power
and be required to:
(a) Act in an advisory capacity to the City Council and City Administrator on personnel
administration;
(b) Make any investigation upon request of the City Council concerning the administration of the
personnel system and report its findings to the City Council and City Administrator;
(c) Hear appeals on grievance matters for final decision except for such matters as may be
submitted to final and binding arbitration;
(d) Hear appeals from industrial disability retirement determinations made by the ^,AY, mist, *i
-1.111,1 -'lief City Administrator or his / her designee;
(e) Hear appeals from decisions of the ",a.. mist-r-atiye Ser-view Chien City Administrator
or his / her designee made pursuant to the employer-employee relations resolution;
(f) Determine hearing procedures and select hearing officers and advisory arbitrators for
hearings;
(g) Review impasse matters as provided in the employer employee relations resolution;
(h) Review charges alleging discrimination brought by employees or applicants for employment;
and
(i) Perform such other personnel duties and functions as may be prescribed by ordinance or
resolution. (1225-8/66,1642-6/71,2377-7/79,2464-12/80)
2.72.080 Meetings--Chairperson. As soon as practicable following the first day of July of each
year, the Personnel Commission shall elect one of its members to serve as chairperson of the
commission.
The City Administrator shall designate a secretary for the Personnel Commission who need not
be a member of such commission, and who shall keep a record of its proceedings and
transactions. The Personnel Commission may prescribe its own rules and regulations subject to
the approval of the City Council. Copies of such rules shall be kept on file in the office of the
city clerk where they shall be available for public inspection. (1225-8/66, 1642-6/71, 2377-7/79)
2.72.090 Oaths--Affirmations. Each member of the Personnel Commission and the secretary
thereof shall have the power to administer oaths and affirmations in any investigation or
proceeding pending before such commission. (1225-8/66, 1642-6/71, 2377-7/79)
2.72.100 Em foyer-employee relations. An employer-employee relations resolution shall be
adopted and may be amended from time to time by the City Council following hearings open to
the public before the personnel board. (1225-8/66, 1642-6/71)
2.72.110 Self-insurer's loss fund trustee account. A "self-insurer's loss fund trustee account" is
hereby created. Such account shall receive as revenues those amounts from those sources as
designated by and appropriated by the City Council. Disbursements from such account shall be
used for the following purposes only:
(a) To pay all medical and disability compensation benefits for city employees who incur job-
related injuries as required by state law;
(b) To pay premiums for workers' compensation insurance or re-insurance;
legisdraft/admin svcs/mc0272 2
(c) To pay the costs of wo*s' compensation claims administratio*performed by city staff or
by an outside contractor or consultant;
(d) To pay fees for legal services required to minimize workers'compensation costs from prior
insurers and other third parties;
(e) To pay personnel costs associated with the temporary replacement of injured employees;
(f) To pay the salaries, fees and expenses of medical and safety consultants and staff, including
appropriate city staff personnel and their expenses;
(g) To pay any other charges or costs required for the city to satisfy its legal obligations under
the state workers'compensation laws; to reduce employee injuries and the employee lost time
and suffering associated therewith; and to participate in and pay the dues of organizations
which serve the needs of employers obligated to pay workers' compensation benefits.
(2058-6/76)
legisdraft/admin svcs/mc0272 3
• ORDINANCE NO. �� g
LEGISLATIVE DRAFT
Chapter 2.76
COMPETITIVE SERVICE REGULATIONS
(1225-8/66, 1642-6/71, 3088-1/91,3221-1/94)
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: (3088-1/91)
(a) Elective officers; (3088-1/91)
(b) City Administrator; (3088-1/91)
(c) Assistan Deputy City Administrator; (3088-1/91)
(d) Members of appointive boards, commissions and committees; (3088-1/91)
(e) Persons engaged under contract to supply expert,professional, technical or other services;
(3088-1/91)
(f) Emergency employees who are hired to meet the immediate requirements of the emergency;
(3088-1/91)
(g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal
year; (3088-1/91)
(h) Temporary employees. (1225-8/66, 1642-6/71, 3088-1/91)
(i) Appointive Department Heads. (3122-1/94)
2.76.020 City employees--Political activity restricted. This chapter applies to all officers and
employees of the competitive service. (1225-8/66)
2.76.030 Soliciting campaign contributions from other employ. 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. (1225-8/66)
2.76.040 City officers barred from contribution notices. Every officer 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. (1225-8/66)
legisdrWadmin svcs/mc0276 1
2.76.050--2.76.090 Huntingt*each Municipal Code 0
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. (1225-8/66)
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. (1225-8/66)
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 position, within the City, upon
consideration or condition that the vote or political influence or action of such person or another
shall be given partly or upon any other corrupt condition or consideration. (1225-8/66)
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. (1225-8/66)
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.
(1225-8/66)
legisdrWadmin svcs/mc0276 2
• ORDINANCE NO. I') VZ 10
LEGISLATIVE DRAFT
Chapter 2.101
ALLIED ARTS BOARD
(2385-7/79,2690-7/84,2904-7/87,2919-12/87,3034-4/90)
Sections:
2.101.010 Established
2.101.020 Purpose
2.101.030 Composition
2.101.040 Secretary
2.101.050 Authority and responsibilities
2.101.060 Meetings--Quorum
2.101.070 Acceptance of gifts
2.101.080 Mayor--Ex officio member
2.101.090 Election of officers
2.101.100 Service Limitation
2.101.110 Operating Policies
2.101.010 Established. There is hereby established the Allied Arts Board. (2385-7/79,2904-7/87)
2.101.020 Purpose. The purpose of the Board shall be:
(a) To encourage and promote cultural activities in the City.
(b) To act as an advisory body to the City Council on matters pertaining to arts and cultural
affairs. (2385-7/79,2904-7/87)
2.101.030 Composition. The Board shall be composed of nine members appointed by the City
Council by a majority vote. 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. (2385-7/79,2904-7/87,3034-4/90)
2.101.040 Secretary. The Director of Community Services,or his designee, shall serve as
secretary to the Board without the power to vote, and shall keep permanent minutes of the board
meetings. Newly Revised Roberts'Rules of Order(current edition) shall govern the procedure of
the meetings of the Board unless inconsistent with other provisions of this chapter. (2385-7/79,
2904-7/87)
2.101.050 Authority and responsibilities. The Board shall act in an advisory capacity to the City
Council in matters pertaining to the arts and cultural affairs by:
(a) Studying, interpreting and reporting to City Council on arts activities appropriate to the City.
(b) Encouraging financial support from the community for cultural programs and facilities.
(c) Reviewing the annual budget as presented to City Council.
legisdrWadmin svcs/mc02101 1
(d) Performing other functions and cooperating with other civic organizations as required.
(e) May request and receive from city staff, via the secretary, reports and recommendations for
action consistent with the purposes and functions set forth in this and preceding sections.
(2904-7/87,2385-7/79)
2.101.060 Meetings--Quorum. The Board shall meet at such time and place as it may fix by
resolution. All meetings shall be open to the public. A majority of the Board shall constitute a
quorum for the transaction of business. (2904-7/87)
2.101.070 Acceptance of gifts. The Board may accept all gifts, devises, legacies or bequests,
either real or personal property from any source,public or private. An acquisition by or dispersal
to the Board shall be administered through the "a...inis+,.,fiw Community Services
Department of the City on authorization from this Board. All acquisitions and/or dispersals shall
be consistent with the purposes and functions of the Board as set forth in section 2.101.020
above. (2385-7/79,2690-7/84,2904-7/87)
2.101.080 Mayor--Ex officio member. The Mayor may be an ex officio member of the board or
may appoint a councilman to act as an ex officio member. (2904-7/87)
2.101.090 Election of officers. The Board shall elect from its members a Chairman and Vice
Chairman at the regular June meeting. Such officers shall serve for one year or until their
successors are elected. The Chairman and Vice Chairman may make and second motions and
shall have a voice and vote in all proceedings. (2904-7/87)
2.101.100 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. (2919-12/87)
2.101.110 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. (2919-12/87)
legisdrWadmin svcs/mc02]01 2
ORDINANCE NO. \ Zo
LEGISLATIVE DRAFT
Chapter 2.107
HISTORIC RESOURCES BOARD
(2895-5/87, 3083-12/90)
Sections:
2.107.010 Establishment
2.107.020 Purposes
2.107.030 Attendance
2.107.040 Operating Policies
2.107.050 Secretary
2.107.060 Authority and Responsibilities
2.107.070 Meetings - Quorum
2.107.080 Acceptance of gifts
2.107.090 Mayor Ex-officio member
2.107.100 Election of officers
2.107.010 Establishment. There is herebyestablished the Huntington Beach Historic Resources
�
Board,to consist of not less than seven(7)nor more than eleven (11)members, to be appointed
to serve terms of four years. (2895-5/87)
2.107.020 Pu oses. The purposes of the board shall be to:
(a) Act as an advisory body to the City Council on matters pertaining to historic issues and
services. (3083-12/90)
(b) Encourage and promote programs and activities that enhance public awareness of community
historic resources. (3083-12/90)
(c) Cooperate with other city agencies such as the Community Services Commission and the
Planning Commission, to insure that historic preservation and services are considered in the
planning for the future development of the community. (3083-12/90)
(d) Act as a liaison to Council for local, state, and federal groups and agencies whose interest
involves historic issues. (3083-12/90)
2.107.030 Attendance. Regular attendance at meetings is required of all members to enable the
board to discharge its duties. A member absent from three (3) consecutive meetings, without
consent of the chairman, or from five (5)meetings in a twelve month period, shall be deemed to
have resigned from the board, and immediate notification shall be given to the Mayor and City
Council of such vacancy. (3083-12/90)
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. (3083-12/90)
2.107.050 Secretarv. The Director of Community Services Department, or his designee, shall
serve as secretary to the board without the power to vote, and shall keep permanent minutes of
the board meetings. Newly Revised Roberts' Rules of Order(current edition) shall govern the
procedure of the meetings of the board unless inconsistent with other provisions of this chapter.
(3083-12/90)
2.107.060 Authority and Responsibilities. The board shall act in an advisory capacity to the City
Council in all matters pertaining to historic issues by: (3083-12/90)
(a) Studying, interpreting and reporting to City Council on historic issues and activities
appropriate to the City. (3083-12/90)
12/90
legisdrWadmin svcs/mc02107 1
2.107.060(b)--2.107.100 Ontington Beach Municipal Code
(b) Encouraging financial support from the community for historic programs and facilities.
(3083-12/90)
(c) Reviewing the annual budget as presented to City Council. (3083-12/90)
(d) Performing other functions and cooperating with other civic organizations as required.
(3083-12/90)
(e) May request from city staff and outside sources, via the secretary,reports and
recommendations for action consistent with the purposes and functions set forth in this and
preceding sections. (3083-12/90)
2.107.070 Meetings_-_Quorum. The board shall meet at such time and place as it may fix by
resolution. All meetings shall be open to the public and comply with all provisions. A majority
of the board shall constitute a quorum for the transaction of business. (3083-12/90)
2.107.080 Acceptance of gifts. The board may recommend to the City Council the acceptance of
all gifts, devises, legacies or bequests, either real or personal property from any source, public or
private. Any, "acquisition to the board shall be administered through the d ffl aist-.five
Community Services Department of the city on authorization from this board. All
acquisitions shall be consistent with the functions of the board as set forth in Section 2.107.060
above. Historic structures surveys, collection management policies and documentation on
historic artifacts will be reviewed by the board as required. (3083-12/90)
j 2.107.090 Mayor Ex-officio member. The Mayor may be an ex-officio member of the board or
may appoint a representative to act as an ex-officio member. (3083-12/90)
2.107.100 Election of officers. The board shall elect from its members a Chairman and Vice
Chairman at the regular June meeting. Such officers shall serve for one year or until their
successors are elected. The Chairman may only serve two consecutive terms. The Chair and
Vice Chair may make and second motions and shall have a voice and vote in all proceedings.
(3083-12/90)
legisdrWadmin svcs/mc02IO7 2
ORDINANCE NO. �' 1`
LEGISLATIVE DRAFT
Chapter 3.02
PURCHASES OF GOODS AND SERVICES
(2259-2/78,2433-7/80,2464-12/80,3144-9/92,3316-1/96,3322-3/96,3510-10/01)
Sections:
3.02.010 Established
3.02.015 Purpose
3.02.020 Officer--Duties
3.02.025 Definitions
3.02.030 Officer--Exemptions from centralized purchasing
3.02.040 Procedures
3.02.050 Procurement and disposition responsibilities
3.02.060 Equipment leases
3.02.070 Methods of procurement
3.02.080 Competitive bidding requirement; exemptions
3.02.090 Pre-bid conferences or site inspections
3.02.100 Advertisement of bidding opportunities
3.02.110 Correction or withdrawal of bids
3.02.120 Receipt of bids or proposals
3.02.130 Evaluation of bids or proposals
3.02.140 Preparation of bid or proposal documents
3.02.150 Cancellation of solicitations; Rejection of bids
3.02.160 Procurement records; Public inspection
3.02.170 Bonds and other security; insurance requirements
3.02.180 Local business preference
3.02.190 Exempt and emergency procurements
3.02.195 Right to inspect plant and audit records
3.02.200 Disqualification of vendors
3.02.210 Disposition of surplus personal property
3.02.220 Ethics
3.02.010 Established. The Central Services Division of the ^aY, inistr-alive Sefviees Dera Anent
is established for the purpose of providing for centralized purchasing of all supplies, services and
equipment for the various agencies of the City. (2259-2/78,2464-12/80,3510-10/01)
3.02.015 Purpose. This Chapter is adopted in order to provide a uniform procedure for
contracting for goods and services by the City of Huntington Beach, to provide for fair and
equitable treatment of all persons involved, to obtain the highest possible value in exchange for
public funds, and to safeguard the quality and integrity of the purchasing and contract process.
(3510-10/01)
3.02.020 Officer--Duties. The Difeete-of "dfni istr- 4ive Sery ees Finance Officer shall
direct the activities of the Central Services Division. The n,,,.ehasing Off ee
Purchasing/Central Services Manager shall be responsible to the'
n a,..inistfatiye Sei=yiees Finance Officer. (2259-2/78,2464-12/80,3510-10/01)
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:(3510-
10/01)
(a) Bid or Proposal Documents. The documents, including their attachments and addenda,
which set forth instructions to bidders or proposers, and are disseminated for the purpose of
soliciting bids or proposals.(3510-10/01)
(b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01)
legisdraft/admin svcs deletion/mc0302 I
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3.02.025(c)-3.02.025(n) Huntington Beach Municipal Code
(c) City Employee. An individual who performs services for the City in the capacity of an
elected or appointed official, or as a compensated employee of the City or of a temporary
services agency retained by the City. "City employee does not include independent
contractors. (3510-10/01)
(d) Contract. Agreements, regardless of what they may be labeled, between the City and one or
more other parties for the purchase or disposition of goods and/or services. (3510-10/01)
(e) ContractorNendor/Supplier. Any person who has entered into an agreement w1th the City
for the provision or disposition of goods and/or services. (3510-10/01)
(f) Dir-eeter of ^dministfatiye gefviees Finance Officer shall mean the ni-r-eetef ef
Administrative Sey-view Finance Officer or his/her designee. (3510-10101)
(g) Financial Interest. (3510-10/01)
(1) Ownership of any interest or involvement in any relationship from which, or as a
result of which, a person has received compensation within the past year, or is entitled
to, or is currently receiving compensation; (3510-10/01)
(2) Ownership,whether wholly or in part, of any property or business;or(3510-10/01)
(3) Status as an officer, director,trustee,partner, employee, or manager of a business.
(3510-10/01)
(h) Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials. (3510-10/01)
(i) Gratuity. A gift,payment, loan, advance, deposit of money, or service,presented or promised
in return for or in anticipation of favorable consideration in the procurement process.
"Gratuity" does not include the compensation paid by or due from the City or from a
temporary service agency under contract with the City to an employee in connection with the
employee's services for the City. (3510-10/01)
(j) Immediate Family. Any spouse, child, stepchild,parent or stepparent of a City employee.
The relationship of parent to child includes both natural and adoptive relationships. (3510-10/01)
(k) Local Business. A business entity with one or more fixed offices and/or locally taxable
distribution points within the boundaries of the City of Huntington Beach which holds a
current and valid City business license with a Huntington Beach business street address. (3510-
10/01)
(1) Maintenance and Repair Services. Services intended to preserve and/or restore a public work
to a clean, safe, efficient and/or continually usable condition. Maintenance and repair
services may include,but are not limited to: carpentry, electrical,painting,plumbing, glazing
and other craftwork to preserve a facility in the condition for which it was intended; repairs,
cleaning and other operations on machinery and other equipment permanently attached to a
facility as fixtures; the mowing,pruning, and trimming of lawns,grass, trees, shrubs, bushes
and hedges; and the regular removal or relocation of by-products or waste products
accumulated at City facilities as the result of ongoing environmental processes. (3510-10/01)
(m)Person. Any individual,partnership, limited partnership, association, corporation, labor
union, committee, club, or governmental,public or quasi-public entity. (3510-10/01)
(n) Procurement. The acquisition of goods and/or services by the City, including but not limited
to purchasing, rental or leasing, and all functions and procedures pertaining to such
acquisitions. (3510-10/01)
legisdrafr/admin Svcs deletion/mc0302 2
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Huntington Beach Municipal Code 3.02.025(o)-3.02.050(a)(1)
(o) Professional Services. Services, which involve the exercise of professional discretion and
independent judgment based on an advanced or specialized knowledge, expertise or training
gained by formal studies or experience. Such services include,but are not limited to, those
provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors,
physicians and other specialized consultants. The procurement of professional services is
governed by Huntington Beach Municipal Code Section 3.03. (3510-10/01)
(p) Responsible Bidder. A bidder determined by the awarding authority: (3510-10/01)
(1) To have the ability,capacity, experience and skill to provide the goods and/or services
in accordance with bid specifications; (3510-10/01)
(2) To have the ability to provide the goods and/or services promptly, or within the time
specified, without delay; (3510-10/01)
(3) To have equipment, facilities and resources of such capacity and location to enable
the bidder to provide the goods and/or services; (3510-10/01
(4) To be able to provide future maintenance, repair,parts and service for the use of the
goods purchased, if appropriate; (3510-10/01)
(5) To have a record of satisfactory or better performance under prior contracts with the ,
City and other purchasers where such bidder has previously been awarded such
contracts; (3510-10/01)
(6) To have complied with laws, regulations, guidelines and orders governing prior or
existing contracts performed by the bidder,if applicable; (3510-10/01)
(q) Responsive Bidder. A bidder determined by the Pur-e>1. sing O ffieo,. Purchasing/Central
Services Manager to have submitted a bid or proposal which conforms in all material
respects to the requirements of the bid or proposal documents. (3510-10/01)
(r) Services. Work performed or labor, time and effort expended by an independent contractor.
(3510-10/01)
(s) Specifications. A description of the physical or functional characteristics or of the nature of
the required goods and/or services. (3510-10/01)
(t) Surplus Personal Property. Goods owned by the City which are no longer needed or which
are obsolete or unserviceable,property that is a by-product(scrap metal, used tires and oil,
etc.), or any unclaimed, seized or abandoned personal property in the possession or custody
of the department of public safety which may be legally disposed of by the City. (3510-10/01)
3.02.030 Officer--Exemption from centralized purchasing The Di'e^*^"of Administrative
inis,.rative
Sefviees Finance Officer may authorize in writing any agency to purchase or contract for
specified supplies, services and equipment independently of the Purchasing Division; but he/she
shall require that such purchases or contracts be made in conformity with the procedures
established by this Chapter, and shall further require periodic reports from the agency on the
purchases and contracts made under such written authorization. (2259-en8,2464-12/80,3510-10/01)
3.02.040 Procedures. Purchase of supplies, services, equipment and the sale of surplus personal
property shall be by procedures provided for in this Chapter. (2259-2/78)
3.02.050 Procurement and disposition responsibilities. (3510-10/01)
(a) The Director or his/her designee represented of the Department requiring goods and services,
other than professional services,shall: (3510-10/01)
(1) Identify its procurement needs and the availability of funding. (3510-10/01)
legisdraft/admin Svcs deletion/mc0302 3
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3.02.050(a)(2)-3.02.060(b)(v) Huntington Beach Municipal Code
(2) Submit to the D,,,.,.hasing O ffieer Purchasing/Central Services Manager
specifications for the required goods and/or services. (3510-10/01)
(3) Participate in the evaluation of bids and proposals,as required. (3510-10/01)
(4) Inspect goods delivered and services, other than professional services,performed to
determine conformity with the requirements set forth in the bid or proposal documents
and with contractual obligations, authorize payment for conforming goods and/or services
and notify the Purchasing officer Purchasing/Central Services Manager of
nonconforming goods and/or services. (3510-10/01)
(b) Dire ter- 8-o..40-vas Finance Officer. The Dire,ter-of
setwiees Finance Officer shall be responsible for the procurement of goods and/or
services for the City in accordance with the provisions of this Chapter. No procurement of
goods and/or services shall be made by any City employee independently of the
"a.,.mist, tive Setwiees Finance Officer except in cases of emergency, unless otherwise
authorized in writing by the City Administrator. The Dire,ter of "a,, inistfa4ive Sel=viees
Finance Officer shall: (3510-10/01)
(1) Prepare and recommend to the City Administrator operational procedures and forms for
the procurement of goods and/or services in cooperation with the Department Directors.
(3510-10/01)
(2) Procure or supervise the procurement of all goods and/or services needed in coordination
with the department. (3510-10/01)
(3) Process the contracts awarded. (3510-10/01)
(4) Whenever possible, establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments. (3510-10/01)
(5) Determine the types and amounts of bid security and any performance security acceptable
for City procurements. (3510-10/01)
(6) Be the awarding authority for every procurement of goods and/or services for:(3510-10/01)
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and(3510-10/01)
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount. (3510-10/01)
(7) Review the results of all formal competitive bid and proposal solicitations for which the
City Council is the awarding authority. (3510-10/01)
3.02.060 Equipment leases. Upon approval of the City Attorney, the TMre^*^r of ^ar, mist,mime
Serv-iees Finance Officer may enter into contracts to lease equipment in the following
circumstances: (2259-2/78,2464-12/80,3322-3/96,3510-10/01)
(a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the
amount of the lease payments for the current fiscal year. (3322-3/96)
(b) The annual budget for the fiscal year in which the lease is or was entered into provides that:
(3322-3/96)
(i) The equipment may be leased; (3322-3/96)
(ii) The useful life of the equipment; (3322-3/96)
(iii) The lease term; (3322-3/96)
(iv)The annual lease payment; and (3322-3/96)
iegisdraft/admin Svcs deletion/mc0302 4
s
(v) The interest rate. (33s�22-3/s6)
10/01
Huntington Beach Municipal Code 3.02.070-3.02.080(b)(12)
3.02.070 Methods of procurement. (351 i 0-10/01)
(a) Small Procurements. Procurements anticipated to cost $30,000 or less in one transaction
shall be made using simplified and cost effective operational procedures and forms without
use of formal or informal bids. Requirements shall not be artificially divided so as to
constitute a small purchase under this subsection. (3510-10/01)
(b) Formal Competitive Bids. Procurements anticipated to cost more than $30,000 in one
transaction shall be made by issuance of written invitations for bids. Bid documents include,
at a minimum; instructions to bidders; specifications describing the required goods and/or
services; bid forms and schedules; any required bond forms and proposed contract terms and
conditions. The circumstances may require that a contract award be based on factors in
addition to price. (3510-10/01)
(c) Competitive Negotiation. The Ptife,.,sing Offieel Purchasing/Central Services
Manager may establish, and the bid or proposal documents shall clearly define in a
competitive negotiation procurement a two-tiered process in which bids or proposals, as first
received, constitute preliminary offers only. Subject to the
Purchasing/Central Services Manager's judgment, the D,,,.,,hacing O ffiee
Purchasing/Central Services Manager shall have the authority to enter into
negotiations with those persons reasonably likely of being considered for selection for
contract award. Following such negotiations,best and final bids or proposals will be
accepted by the Pu-ehas ng O ffieef Purchasing/Central Services Manit-ger. Bidders
or proposers shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of bids or proposals. During negotiation, there shall be no disclosure
beyond the City staff evaluating the matter of any information derived form bids or proposals
submitted by competing bidder or proposers. The contract award shall be made to the bidder
or proposer whose bid or proposal offers the best value to the City, taking into consideration
price and the evaluation criteria set forth in the bid or proposal documents. (3510-10/01)
3.02.080 Competitive bidding requirement; exemptions. (3510-10/01)
(a) Contracts for goods and/or services for which the cost to the City in one transaction will
exceed$30,000 shall be let by formal competitive bidding or proposals pursuant to this
Chapter. Procurement requirements shall not be artificially divided so as to avoid the
competitive bidding requirement. (3510-10/01)
(b) The following are exemptions to the competitive bidding requirements: (3510-10/01)
(1) Professional or specialized services, as defined by this Chapter; (3510-10/01)
(2) Emergency procurements, as defined by this Chapter; (3510-10/01)
(3) Situations where solicitations of bids or proposals would for any reason be
impractical, unavailing or impossible; (3510-10/01)
(4) Sole source goods or services; (3510-10/01)
(5) Insurance and bonds; (3510-10/01)
(6) Public library collection materials or services for the provision of public library
collection materials or other books or periodicals; (3510-10/01)
(7) Procurements funded by grants, donations or gifts when the special conditions
attached to the grants, donations or gifts require the procurement of particular
goods and/or services; (3510-10/01)
(8) Goods and/or services obtained from or through agreement with any
governmental,public or quasi-public entity; (3510-10/01)
(9) Works of art, entertainment or performance; (3510-10/01)
legisdraft/admin sves deletion/me0302 5
(10) Surplus Olsonal property owned by another govitental,public or quasi-
public entity; (3510-10101)
(11) Membership dues, conventions, training, and travel arrangements; (3510-10/01)
(12) Advertisements in magazines, newspapers, or other media; (3510-10/01)
(13) Goods procured from resale to the public; or(3510-10/01)
(14) Where Competitive bids or proposals have been solicited and no bid or proposal
has been received. In such a situation the Ptif a,.,sing O ffieer-
Purchasing/Central Services Manager may proceed to have the
services performed or the goods procured without further competitive bidding;
(3510-10/01)
c The Purchasing/Central Services Manager shallc co
nduct
negotiations, as appropriate, as to price, delivery and terms and may require the submission
of cost or pricing data in connection with the award of a contract which does no�require
competitive bidding. (3510-10/01)
(d) Nothing in this section shall preclude the solicitation of competitive bids or proposals, when
possible. (3510-10/01)
3.02.090 Pre-bid conferences or site inspections. When deemed necessary the Puam
9 er Purchasing/Central Services Manager is authorized to require bidders or
g,
proposers to attend pre-bid conferences or site inspections prior to the time and date set for
receipt of bids or proposals and to consider bidders or proposers not in attendance as non-
responsive. (3510-10/01)
3.02.100 Advertisement of bidding_opportunities.(3510-10/01)
(a) A notice inviting sealed formal competitive bids or proposals shall be advertised using one or
more methods designed to provide reasonable public notice in a manner which will permit
current information to be disseminated widely. (3510-10/01)
(b) The notice shall specify the time on or before which bids or proposals will be received; where
and with whom bids or proposals shall be filed; the date,time and place where and when bids
or proposals will be publicly opened and the bids of each bidder declared. (3510-10/01)
(c) At the bidder's request, and where City deems feasible,bid documents may be transmitted to
the bidder electronically. (3510-10/01)
3.02.110 Correction or withdrawal of bids. (3510-10/01)
(a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes
discovered by a bidder before the date and time for receipt of bids may be modified or
withdrawn by written notice to the D...-ebasing O ffiee. Purchasing/Central Services
Manager received prior to the deadline. (3510-10/01)
(b) After Date and Time for Receipt of Bids. A bidder may not change its bid or proposal after
the date and time set for receipt of bids. (3510-10/01)
(c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to
withdraw its bid or proposal provided that it establishes the following to the satisfaction of
the awarding authority: (3510-10/01)
(1) A mistake was made; (3510-10/01)
(2) The bidder gave written notice of the mistake, and the manner in which it
occurred, to the Pur-.,,acing nffi eer- Purchasing/Central Services
Manager within five calendar days following the deadline for receipt of bids;
(3510-10/01)
(3) The mistake made the price materially different than the bidder intended it to be;
(3510-10/01)
legisdraft/admin svcs deletion/mc0302 6
(4) The mistatwas made in filling out the bid and note to error in judgment or to
carelessness in inspecting the site of the work or in reading the bid documents;
(3510-10/01)
(5) If the awarding authority deems it to be in the best interest of the City, it may
allow the lowest bidder to withdraw its bid and award a contract to.the next lowest
bidder. In the event that bid security was required and provided by the lowest
bidder, the amount of the lowest bidder's bid security shall be applied to the
difference between the lowest bid and the next lowest bid and the surplus, if any,
shall be returned to the lowest bidder or the bidder's surety, as applicable. (3510-
10/01)
3.02.120 Receipt of bids or proposals. (3510-10/01)
(a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to
formal competitive bid or proposal solicitations shall be received by the Pur- t,asing Of-flee
Purchasing/Central Services Manager at a time, date and place designated in the
bid or proposal documents. Said bids and proposals shall be identified as such on the outside
cover. (3510-10/01)
(b) Public Opening. Formal competitive bids or proposals, timely received, will be publicly
opened by the Poo- h ff sing O eer- Purchasing/Central Services Manager in the
presence of one or more witnesses at the location designated in the bid notice. If members of
the public are present, the names of those submitting bids and the aggregate bid pricing shall
be read aloud at or shortly following the deadline for receipt of formal competitive bids
except those involving competitive negotiation.(3510-10/01)
(c) Late Receipt. Formal competitive bids or proposals received after the deadline for receipt of
bids shall not be accepted and shall be returned to the bidder unopened unless necessary for
identification purposes. The P,,,.e sing Off ee- Purchasing/Central Services
Manager shall submit written notification to the bidder stating what the deadline was,
when the bid or proposal was actually received, and that it is being returned because it was
received too late. (3510-10/01)
(d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for
goods and/or services, or if none of the bids or proposals meet the requirements as specified
in the solicitation document,the A,,,.ehasin. Off ee- Purchasing/Central Services
Manager may reissue the solicitation or the awarding authority may authorize the
g Y g Y Y
procurement of the required goods and/or services without further complying with
competitive bidding requirements, or the City may cease the procurement. An authorization
to procure without bidding shall be documented and become part of the procurement records
available for public inspection. (3510-10/01)
3.02.130 Evaluation of bids or proposals. (3510-10/01)
(a) One Bid Received. In the event that a single bid or proposal is received, the Pufehasing
of�Purchasing/Central Services Manager shall have the authority to require
the bidder or proposer to submit cost or pricing data to assist in determining if the price is
reasonable. If the awarding authority determines that a bid price for goods and/or services is
not reasonable, it may either reject the bid or it may authorize the Pufehasi g Off:e
Purchasing/Central Services Manager to attempt to negotiate a reasonable price
with the bidder or proposer, subject to the awarding authority's acceptance. Negotiation shall
be completed within a reasonable time, as specified by the awarding authority. Should such
negotiation fail, the bid may be rejected. (3510-10/01)
(b) Tie Bids. In the event that an identical price is received from two or more responsive and
responsible bidders, and in the judgment of the awarding authority the public interest will not
be served by re-advertising for bids, the awarding authority may authorize the Pur-ehasing
Offleer- Purchasing/Central Services Manager to negotiate for the best possible
price. If one of the bidders is a local business then the tie bid will be awarded to the local
bidder without the negotiations. (3510-10/01)
legisdraft/admin svcs deletion/mc0302 7
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(c) Irregularities. In considering bids or proposals for any goods and/or services contract, the
awarding authority may waive, if it wishes to do so, minor defects or irregularities in the bids
or proposals,provided that the discrepancy does not affect the bid or proposal amount or give
the bidder or proposer an advantage over others. (3510-10/01)
3.02.140 Preparation of bid or proposal documents. Any person, with whom the City has
contracted to prepare, or assist in the preparation of, bid or proposal documents, is ineligible to
submit a bid or proposal for the provision of the goods or the performance of the services so
specified.(3510-10101)
3.02.150 Cancellation of solicitations; Rejection of bids. (3510-10/01)
a Cancellation of Solicitations. The O ng Offieef Purchasing/Central Services
Manager may cancel competitive bid or proposal solicitations before the date!and time set
for receipt of bids or proposals upon a written determination that such action is in the City's
best interest for reasons including, but not limited to any of the following: (3510-10/01)
1 The City no longer requires the goods and/or services as determined b the City; 3510-
� ) tY g q g � Y Y�
10/01)
(2) The City no longer can reasonably expect to fund the procurement, as determined by the
D ^^`^"of a" b"""sta a Ser-y; es, Finance Officer, City Administrator or City
Council; (3510-10/01)
(3) Proposed amendments to the solicitation would be of such magnitude that anew
solicitation is desirable; (3510-10/01)
(b) Rejection of Bids. The Pu-ehasing O f er Purchasing/Central Services Manager
may reject,in whole or in part,bids or proposals received in response to informal competitive
bid or proposal solicitations, and may reject, in whole or in part,bids or proposals received in
response to formal competitive bid or proposal solicitations. If all bids are rejected,the City
has the discretion to readvertise. (3510-10/01)
(c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made
part of the procurement records. (3510-10/01)
3.02.160 Procurement records; Public inspection. (3510-1 oro1)
a Records Maintenance. The Pur-e�,asing O ffiee
O Purchasing/Central Services
Manager shall maintain records for each procurement which include, at a minimum, the
procurement request from the Department; the bid or proposal documents for the
procurement, if any; any and all bids or proposals received; the basis on which contract award
is made; and a copy of any and all contracts awarded. Such records shall be maintained for a
period of time in compliance with state law and the City's records retention schedule and
shall be available for public inspection during normal City business hours. (3510-10/01)
(b) Public Inspection. Informal and formal competitive bids not involving competitive
negotiation shall be available for public inspection following the date and time set for receipt
of bids. Informal and formal competitive proposals and formal competitive bids involving
competitive negotiation shall be available for public inspection following contract award or
rejection. The City will not disclose any pricing agreements it may have during the bidding
process. (3510-10/01)
3.02.170 Bonds and other security; insurance requirements. (3510-10/01)
(a) When Required. The P,,,.,.hasi g O ffieer Purchasing/Central Services Manager
shall have the authority to require bid,performance and payment security or specific types
and amounts of insurance coverage for specific procurements to the extent required by state
law or upon a determination that it is in the best interest of the City to do so. (3510-10/01)
legisdraft/admin svcs deletion/mc0302 8
b Bid Security. Bid sec�tP`i if required, shall be submitted withte bid and shall be a certified
Oty� q
check, cashier's check or surety bond issued by an admitted surety insurer authorized to
conduct business in the state of California. If a bidder fails to submit the required bid
security with the bid, the bid shall be deemed non-responsive. After bids are opened,bid
security is irrevocable for the period specified in the invitation for bids. If the'successful
bidder fails to execute the contract within the time specified, the total amount of the bid
security shall be forfeited to the City. The security of an unsuccessful bidder shall be
returned to the bidder no later than sixty calendar days from the date of contract award. (3510-
10/01)
(c) Performance Security. Performance security, if required, shall be in the form of a bond
acceptable to the City and issued by an admitted surety insurer authorized to operate in the
state of California. (3510-10/01)
(d) Form of Bonds. The only bonds acceptable to the City shall be those executed on forms
approved by the City Attorney and included with the bid or proposal documents. (3510-10/01)
3.02.180 Local business preference. (3510-10/01)
(a) Subject to the limitations contained in this section, the Pur-ehasifig Of-flee
Purchasing/Central Services Manager shall extend a bidding advantage to a local
business in the form of a 1%price preference in the evaluation of bids or proposals for the
procurement of goods. (3510-10/01)
(b) The following contracts are exempt from the provisions of this section: (3510-10/01)
(1) Contracts funded in whole or in part from grants, donations or gifts to the City if the
provisions of this section conflict with any special conditions attached to the grants,
donations or gifts,provided the special conditions have been approved and accepted
pursuant to the donations policy of the City. (3510-10/01)
(2) Emergency procurements. (3510-10/01)
(3) Sole source contracts. (3510-10/01)
(c) After a due process hearing, should the City Administrator determine that a price preference
was received under this section through an intentional misstatement, the recipient of any such
price preference shall be subject to a civil penalty of treble the dollar price preference
received or$5,000.00, whichever is greater. (3510-10/01)
3.02.190 Exempt and emergency procurements. The following purchases and procurements are
exempted from the requirements of this Chapter:
(a) Public works construction contracts. Those public works construction contracts, and the
separate procurement of materials and supplies therefor, that are governed by other applicable
laws, including but not limited to the City Charter. (3510-10/01)
(b) Emergency purchases and procurements. An emergency shall be deemed to exist i£ (3510-
10/01)
(1) There is a great public calamity;
(2) There is immediate need to prepare for national or local defense;
(3) There is a breakdown in machinery or an essential service which requires an immediate
procurement in order to safeguard the public health, safety or welfare;
(4) An essential, departmental operation affecting the public health, safety or welfare would
be greatly hampered if the prescribed procurement procedure would cause an undue delay
in the procurement of the needed service.
legisdraft/admin Svcs deletion/mc0302 9
In case of an emer enwhich requires the immediate rocurement of a commodity or
g Y q P tY
service, the Cif Administrator may authorize the Dir-ee „istfeAive Se,.,:^��
Finance Officer to secure by the open-market procedure, at the lowest obtainable price,
any service or commodity regardless of the amount of the expenditure. (3510-10/01)
(c) Interagency purchase agreements. Procurements utilizing agreements maintained by other
public agencies for the provision of services or supplies to such agencies are exempt from the
bidding and/or request for proposal process requirements of this Chapter. (3510-10/01)
(1) Cooperative Procurement. Notwithstanding any other provision of this Chapter,the
Purchasing/Central Services Manager may authorize the
City's participation with one or more other governmental,public or quasi-public agencies
in a cooperative agreement for the procurement of goods and/or services,provided that at
least one of the agencies has solicited bids using methods similar to those sit forth in this
Chapter. (3510-10/01)
(2) Use of Another Entity's Contract. The Pufeh Purchasing/Central
Services Manager may authorize the procurement of goods and/or services through
the use of a contract initiated by another governmental,public orquasi-public entity,
provided that the original parties to the contract agree, the contract was awarded. The
contract is for identical or nearly identical goods and/or services, and the contract resulted
from a competitive bid using methods similar to those required by this Chapter. (3510-10/01)
(3) Mutual Aid. The D,,,.,.L asifig ^ffieer- Purchasing/Central Services Manager
may sell to, acquire from, or use goods belonging to another government,public or quasi-
public agency independent of the requirements of this Chapter and under the terms agreed
upon between the parties,provided that such activity does not adversely affect City
services and is approved in advance in writing by the City Administrator. (3510-10/01)
(d) Sole-source procurements. In those cases where the procurement of any product or supply is
obtainable only from a single or sole source,based upon the good faith review of available
products and services by the Dir-ee*^r of "ami st-Fa4 ve Sefviees Finance Officer, the
D 'e^+""of "a"'n tf-ati a cer—yiee' Finance Officer, and with the assistance of the City
Attorney, shall negotiate with the purveyor of such equipment, roduct su 1 or service to
g p Yp � ,supply
the end that the City receives the desired product, equipment, service or supply on fair and
equitable terms. Examples of acceptable sole source purchases are equipment for which
there is no comparable competitive product, a component or replacement part for which there
is no commercially available substitute and which can be obtained only from the
manufacturer, and an item where compatibility with items in use by the City is the overriding
consideration. Purchases from regulated public utilities may be made pursuant to applicable
tariff without regard to this section. (3510-10/01)
3.02.195 Right to inspect plant and audit records. (3510-10/01)
(a) Right to Inspect Plant. The City may,at reasonable times,inspect the part of the plant,place
of business or work site of a vendor/contractor or subcontractor at any tier which is pertinent
to the performance of an contract awarded or to be awarded b the City. (3510-10/01
Y Y Y )
(b) Right to Audit Records. The City shall be entitled to audit the books and records of a
vendor/contractor or subcontractor at any tier to the extent that such books, documents,
papers, and records are pertinent to the performance of such contract or subcontract. (3510-
10/01)
3.02.200 Disqualification of vendors. The"ir^e*^M of."dministr-, iVe. Sef-Vieveas Finance
Officer may, for good cause appearing: (3510-10/01)
(a) decline to accept offers,bids or quotations from prospective vendors; and/or(3510-10/01)
(b) deem a prospective bidder/vendor as non-responsive or non-responsible. (3510-10/01)
A bidder/vendor whose offer,bid or quotation has been declined or has been deemed non-
responsive or non-responsible shall have the right to appeal such decision of the Difeetef E
legisdraft/admin Svcs deletion/mc0302 10
0
Administ.a4ive Sei-,: Anance Officer to the City Administrator within a reasonable time
after demand made in writing to the Dir-eet r of Administrative Sefnv ees Finance Officer to
accept the proffered bid, offer or quotation. (2259-2/78,2464-12/80,3510-10/01)
3.02.210 Disposition of surplus personal property. (3510-10/01)
(a) Authority. The Pofehasing Offieef Purchasing/Central Services Manager is
authorized to sell or dispose of surplus personal property having a salvage value in the open
market,by public auction, by competitive sealed bids or by exchange or trade-in for new
goods. The sale or lease of surplus personal property to a governmental,public or quasi-
public agency may be without advertisement for or receipt of bids. (3510-10/01)
(b) Property with No Salvage Value. Surplus personal property with no salvage value, as
determined by the purchasing/Central Services Manager, shall
be disposed of in a manner that salvages recyclable components, if practical. (3510-10/01)
(c) Unclaimed, Seized or Abandoned Property. The Pur-ei,asing Offiee Purchasing/Central
Services Manager is authorized to sell or dispose of all goods in the possession or
custody of the police department which are unclaimed, seized and/or abandoned and may be
legally disposed of by the City. (3510-10/01)
(d) Records. The Pur-&asiag Offieor Purchasing/Central Services Manager shall
provide reports to the City Administrator which indicate surplus personal property disposed
of, the method of disposal, and the amounts recovered from its disposal and shall maintain
records for public inspection relative to the disposal of surplus personal property for a period
of time in compliance with state law and the City's records retention schedule. (3510-10/01)
(e) Donations. Upon approval in advance in writing of the City Administrator, surplus personal
property may be donated to governmental,public or quasi-public agencies,charitable or non-
profit organizations. (3510-10/01)
(f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into -
the appropriate City fund. (3510-10/01)
3.02.220 Ethics. (3510-10/01)
(a) Statement of Policy. City employees shall discharge their duties impartially so as to assure
fair competitive access to City procurement opportunities by responsible contractors.
Moreover,they shall conduct themselves in such a manner as to foster public confidence in
the integrity of City procurement activities. (3510-10/01)
(b) Conflict of Interest. No City employee shall participate directly or indirectly in a City
procurement when the employee knows that: (3510-10/01)
(1) The employee or any member of the employee's immediate family has a financial interest
pertaining to the procurement; or(3510-10/01)
(2) The employee or any member of the employee's immediate family is negotiating or has an
employment arrangement which is contingent upon or will be affected by the
procurement. (3510-10/01)
(c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest,
an employee shall promptly withdraw from further participation in the procurement. (3510-
10/01)
(d) Gratuities. No person shall offer, give or agree to give any City employee any gratuity or
offer of employment in connection with a procurement by the City. No City employee shall
solicit, demand, accept or agree to accept from any other person a gratuity or an offer of
employment in connection with a procurement by the City. (3510-10/01)
legisdraft/admin Svcs deletion/mc0302 I 1
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RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ADMINISTRATOR/CITY ATTORNEY
SUBJECT: Adoption of Ordinance No.
COUNCIL MEETING DATE:
RCA ATTACHMENTS ` $Tout
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 Attorney)
Certificates of Insurance (Approved b the City Attorne Attached ❑
( PP Y Y Y� Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable
❑
Bonds (If applicable) AttachedNot Applicable
❑
Staff Report (If applicable) AttachedNot Applicable
Commission, Board or Committee Report If applicable) Attached ❑
P ( pP ) Not Applicable
s/Conditions for Approval and/or Denial Attached
Find ings/Cond ❑
g pp Not Applicable
E)CP>LANATI 1` FO tSk IN+f"G ATTACH -,,( TS
n.. _
RE1lhEWED RETURNED FUR A D
Administrative Staff
Assistant City Administrator Initial )
City Administrator (Initial) )
City Clerk
EXPLANATION=:FAR RETURN= F.ITEMNk-
Only)(Below Space For City Clerk's Use
RCA Author: KC
H. B. INDEPENDENT
PUBLISH DATE: 7/14/05
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3718
Adopted by the City Council on JULY 5, 2005
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS
2.08, 2.16, 2.72, 2.76, 2.101, 2.107 AND 3.02 OF THE HUNTINGTON BEACH
MUNICIPAL CODE TO UPDATE THE LANGUAGE AND TERMS USED THEREIN
AND MODIFY REFERENCES TO THE DEPARTMENT OF ADMINISTRATIVE
SERVICES"
SYNOPSIS:
ON MARCH 21, 2005,THE CITY COUNCIL ADOPTED A CHANGE TO THE CITYWIDE TABLE OF
ORGANIZATION. THE POSITION OF DIRECTOR OF ADMINISTRATIVE SERVICES WAS DELETED.
TWO NEW POSITIONS OF DEPUTY CITY ADMINISTRATOR WERE ADDED,AS WELL AS A
CHANGE IN THE REPORTING STRUCTURE OF THE FINANCE FUNCTIONS OF THE CITY.
WITH THE IMPLEMENTATION OF THE NEW TABLE OF ORGANIZATION IT BECAME NECESSARY
TO CHANGE THE HUNTINGTON BEACH MUNICIPAL CODE TO REFLECT THESE CHANGES AND
TO UPDATE TERMS AND LANGUAGE USED THEREIN.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held July 5, 2005 by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
This ordinance is effective 30 days after its adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
JOAN L. FLYNN, CITY CLERK
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
WITH THE IMPLE'-
I am a Citizen of the United States and a ENTATION OF THE
- NEW TABLE OF OR= -
resident of the County aforesaid; I am LEULNOW GANIZATION IT BE-
CAME NECESSARY 10
over the age of eighteen years and not a �„ K3716 CHANGE THE NUN-
AdqW�'/#0� TINGNICIPT M OBEAACH 'NU
party to or interested in the below entitled NJU,Y5,20 FLECT THESE fHANGES -
"AN ORDINANCE OF THE AMP TO UPDATE -
matter. I am a principal clerk of the rCITY OF HUNTINGTON TERR15 AND LANtiUA6E —
BEACH AWENDING USED1TBER11M
HUNTINGTON BEACH INDEPENDENT, CHAPTERS 2.08, 2.16 COPIES OF.THIS OR =
2.72, 2.76, 2.101, 2.107 DINANCE ARE AVAIL
a newspaper of general circulation, - AND 3.02 OF THE ABLE IN THE CITi,
HUNTINGTON BEACH' CLERK'S OFFICE,
printed and published in the City of MUNICIPAL CODE TO PASSED AND Council
f _
UPDATE THE LANGUAGE by the City Council a '
AND TERMS USED the City of Huntington _
Huntington Beach, County of Orange, THEREIN AND MODIFY Beach at a regular,
REFERENCES TO THE meeting held July 5,
State of California, and that attached DEPARTMENT OF AD 20M by the following
MIMSTRATIVE SERVICES" roll call vote:
Notice is a true and complete copy as SYNOPSISS AYES:'Hansen, Coerper,
ON MARCH 21, Sullivan, Hardy, Green,
was printed and published in the Y00S• THE CITY Bohr,Gook
P lffl*� H
D A NOES:Notre
Huntington Beach issue of said `IT- ABSENT.None
OR-� This g ce Is
PO- effective W days after g
newspaper to wit the Issue(s) of: OF ADMINISTRA IVE its
adop Y
or
SERVICES-WAS DELET- HUNTINWON BEACH'
ED. TWO NEW POST 2000 MAIN STREET
TIM OF DEPUTY CITY HUNTINOTON BEACH,
- ADMINISTRATOR WERE CA 92648
ADDED,AS WELL AS A 74-S36-5227
CHANGE IN THE RE- ' JOAN 4.FLYNN,
PORTING STRUCTURE ClT1f CLERK'
JULY 14,2005 OF THE FINANCE Published Huntington
FUNCTIONS OF THE Beach Independent July
CITY. 14,2M 072-027
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on JULY 14,2005
at Costa Mesa, California.
Signature _