HomeMy WebLinkAboutOrd No. 3500 - Amend Huntington Beach Municipal Code Chapter 0 0
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
d POICit Clerk's I nature
Council Meeting Date: August 6 , 2001 Department ID Number: CA 01-15
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o
C_ C:
SUBMITTED BY: RAY SILVER, City Administrator 0`11 �
GAIL HUTTON, City Attorney 'I �:'--I
PREPARED BY: GAIL HUTTON, City Attorney
cn c-3
A
SUBJECT: Adoption of Ordinance No. 35-111 for Modification of Huntington
Beach Municipal Code Chapter 9.88 relating to solicitation for
employment and contributions.
Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City amend Huntington Beach Municipal Code
Chapter 9.88 relating to solicitation for employment and contributions?
Funding Source: NIA
Recommended Action: Adopt Ordinance No. 3-:5 C14 amending Chapter 9.88
repealing sections found to be unconstitutional in a case involving a very similar ordinance in
Los Angeles. Adopt new regulations patterned after an ordinance in a case where the
appellate court ruled the ordinance constitutionally sound.
Alternative Action(s):
1. Do not amend Chapter 9.88 relating to solicitation for employment.
2. Repeal Chapter 9.88 in its entirety.
Analysis: Last year, a United States District Court invalidated a Los Angeles County
ordinance which limited the manner in which solicitation for employment could be done within
the County (CHIRLA et at v. Yvonne Braithwaite Burke et al, USDC, Central District, CV 98-
4863-GHK). The anti-employment solicitation law in that case was strikingly similar to the
one found at section 9.88 of the Huntington Beach Municipal Code and prohibited solicitation
for employment or contributions directed at occupants of a vehicle, regardless of where the
solicitor was and what the solicitor was doing to attract the attention of the occupant.
REQUEST FOR COUNCIL ACTS
MEETING DATE: DEPARTMENT ID NUMBER:
The Federal Court found, inter alia, that the prohibition on what the Court called "passive"
solicitation was supported by no evidence upon which the County could have inferred that
passive solicitation created the type of traffic, health, and safety concerns which the
ordinance sought to ameliorate. The County had sought to justify it's ordinance on the
grounds that the prohibited solicitation caused traffic hazards, harassment of pedestrians,
trespassing, littering and public urination, much like the maladies the City of Huntington
Beach sought to ameliorate in enacting Chapter 9.88.
The Court found that the County law was not sufficiently narrowly tailored and that it did not
allow for adequate alternative avenues for solicitors to carry their messages. The opinion
noted with distaste that the ordinance would even ban the practice of standing on the
sidewalk, holding a sign directed at pedestrians or building occupants. The Huntington
Beach employment solicitation ordinance clearly does that as well.
Your City Attorney wrote a memo to the City Council at the time this case was handed
down, advising that the City Attorney planned to work with various other cities which had
enacted similar ordinances to reach a decision as to what course of action to take. This
was after attorneys representing day laborers and others announced their intention of sue
cities who did not alter their ordinances.
After months of exploring options both with internal research and with the assistance of the
City Attorneys of Orange, Costa Mesa, Lake Forest, and Laguna Beach, to name a few, it
appears to be the general consensus that the best approach is to adopt an ordinance
which has been tested and upheld by the Federal appellate courts (see e.g, Acom v. City of
Phoenix (1986) 798 F.2d 1260). Amending the existing employment solicitation ordinance
by adopting the ordinance proposed here will have the effect of removing those portions
which the Federal Court found objectionable in Los Angeles and putting in place that the
Federal Court approved in Phoenix.
Environmental Status: N/A
Attachment(s):
F City Clerk's
Page Number No. Description
1. Legislative Draft of Section
2. 1 Ordinance No. 3 5 00 Amending HBMC § 9. 88
RCA Author: Lazarus
solict work -2- 7125101 10:29 AM
ATTACHMENT #1
0 0
Ordinance No.35-00
LEGISLATIVE DRAFT
Chapter 9.88
EMPLOYMENT SOLICITATION
(3382-9/98)
Sections:
9.88.010 Purpose of Chapter
9.88.020 Definitions
9.88.030 Solicitation of and for Employment on Public Street or Highway
Prohibited
9.88,040 Solicitation Prohibited in Nonresidential Parking Areas
9.88,050 Validity
9.88.060 Enforcement
9.88.010 Purpose of Chapter. The purpose of this chapter is to regulate the time, place
and manner of the solicitation of and for employment on streets and highways, pubw
afea and nonresidential parking areas. These regulations are not intended to restrict the
right of free speech or alternative channels of communications,but to ensure the
protection of the public health, safety and general welfare. (3382-9/98)
9.88.020 Definitions.
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry
or other personal services, including part-time or temporary services, for wages or
other compensation. (3382-9/98)
(b) "Nonresidential parking area" means all private property comprising the parking area
adjoining nonresidential premises, i.e., commercial strip malls and shopping centers,
including but not limited to driveways, setbacks and portions that are landscaped. (3382-
9/98)
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action
or gesture which induces another person to reasonably believe that his or her services
are being sought or are being made available for hire, whether or not an actual
employment relationship is created. (3382-9/98)
A solicitation as defined herein shall be deemed completed when made whether or
not an actual employment relationship is created. (3382-9/98)
Solicitation shall also include solicitation for contributions of money or gifts.
(d) "Street or highway" means all of the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, medians,
alleys, cis and other public vehicular rights-of-way. (3382/98)
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same
now reads or may hereafter be amended. (3382-9/98)
1
legisdrfZ/mc0 9 8 8/0 7/2 5101
9.88.030 Solicitation of and for Em to ent on Street or Highway Highwgy Prohibited.
eff1pleyees on any street or high-Way.43382 W98)
(a)N It shall be unlawful for any person, while standing in any portion of the streets, or
highways or on a ..,,1 lie sidewalk, to solicit, or attempt to solicit, from any person
travelling in a vehicle along a public right-of-way, including, but not limited to
public streets, highways or driveways.
(b)(e) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or
attempt to solicit, from a person who is in the public streets, or highways;
sidewalks,
or-driveways-.
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking
lot or driveway open to the public. This .,ee fi,,, shall not be eenstfued s as to
employees at ar-an his or heF premises. Fer-the ptifpese of this seetioij, wthieh'_Q And
ether- Jlllll l[Al types Vf1-
establ;nlffle„tor-pr-efnise�i. (3382-9198)
(b) This section shall not be operative unless the owner, the owner's agent or the person
in lawful possession of the nonresidential parking area has caused a notice to be
posted in a conspicuous place at each entrance to such nonresidential parking area
not less than eighteen by twenty-four inches in size with lettering not less than one
inch in height and not to exceed in total area six square feet. The content of such
notice shall be in substantially the following form, in both the English and Spanish
languages: (3382-9/98)
It is a misdemeanor to solicit or offer employment from persons
traveling in vehicles at this location
be oft thestptt9tj2t. H.B.M.C. 9.88.040
9.88.050 Validity. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Huntington Beach
hereby declares that it would have adopted this ordinance and these sections, subsections,
sentences, clauses, phrases or portions thereof, irrespective of the fact that any one or
more sections, subsections, sentences,-clauses,phrases or portions are declared invalid or
unconstitutional. (3382-9/98)
9.88.060 Enforcement. Enforcement of this section may be accomplished by:
(a) the owner, the owner's agent, or the person in lawful possession of the business
premises, under the provisions of California Penal Code §847 (Arrest by Private
Person); or (3382-9/98)
(b) a peace officer of the Huntington Beach Police Department; or (3382-9198)
(c) a code enforcement officer of the City of Huntington Beach; or (3382-9/98)
(d) the filing of a criminal or civil complaint by the City Attorney. (3382-9/98)
2
IegisdrfUmc098 8/07/2 5/0 I
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ORDINANCE NO. 3500
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.88 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO EMPLOYMENT SOLICITATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 9.88.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.88.010 PuiposcofChnter. The purpose of this chapter is to regulate the time, place
and manner of the solicitation of and for employment on streets and highways, and
nonresidential parking areas. These regulations are not intended to restrict the right of
free speech or alternative channels of communications, but to ensure the protection of the
public health, safety and general welfare.
SECTION 2. Section 9.88.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.88.020 Definitions.
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry
ar other personal services, including part-time or temporary services, for wages or
other compensation.
(b) "Nonresidential parking area" means all private property comprising the parking area
adjoining nonresidential premises, i.e., commercial strip malls and shopping centers,
including but not limited to driveways, setbacks and portions that are landscaped.
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action
or gesture which induces another person to reasonably believe that his or her
services are being sought or are being made available for hire, whether or not an
actual employment relationship is created.
A solicitation as defined herein shall be deemed completed when made whether or
not an actual employment relationship is created.
Solicitation shall also include solicitation for contributions of money or gifts.
(d) "Street or highway" means all of the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, medians,
alleys, and other public vehicular rights-of-way.
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as.the same
now reads or may hereafter be amended.
SECTION 3. Section 9.88.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
O l ord-mc9-88/7/25/0 3 I
0 0 Ord. No. 3500
9.88.030 Solicitation of and for Employment on Street or Highway Prohibited.
(a) It shall be unlawful for any person, while standing in any portion of the streets or
highways, to solicit, or attempt to solicit, from any person traveling in a vehicle
along a public right-of-way, including, but not limited to public streets, highways
or driveways.
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit,
or attempt to solicit, from a person who is in the public streets or highways.
SECTION 4. Section 9.88.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any
parking lot or driveway open to the public.
(b) This section shall not be operative unless the owner, the owner's agent or the person
in lawful possession of the nonresidential parking area has caused a notice to be
posted in a conspicuous place at each entrance to such nonresidential parking area
not less than eighteen by twenty-four inches in size with lettering not less than one
inch in height and not to exceed in total area six square feet. The content of such
notice shall be in substantially the following form, in both the English and Spanish
languages:
It is a misdemeanor to solicit or offer employment from persons
traveling in vehicles at this location. H.B.M.C. 9.88.040
SECTION.5. 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 aJ'cuMCA
regular meeting thereof held on the 13th day of August , 2001.
A" 64k�---
Mayor Pro Tem
ATTEST:
Erl.G
APPROV D AS TO F
City Clerk A-IT-61
`]I City Attorney V V
�4
REVIEWED AND APPROVED:
INITIA ED AND APPROVED:
City Adnnieistrator
of City Attorney
0]ord/mc9.88/7/25/0] 2
Ord. No. 3500
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 6tb day of August,2001, and was again read
to said City Council at a adjourned regular meeting thereof held on the 13tb day of
August, 2001, and was passed and adopted by the affirmative vote of at least a majority
of all the members of said City Council.
AYES: Boardman, Cook, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green, Julien Houchen
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-off icio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
,20D1
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Deputy City C1erk of Huntington Beach, California
g:lordinanclordbkpg2001_doe
W',08_15-61
9B. INDEPENDENT �41&4 63-23 -:11
PUBLISH DATE: 08-23-01
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3500
Adopted by the City Council on August 13, 2001
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.88 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO EMPLOYMENT SOLICITATION
SYNOPSIS:
Ordinance No. 3500 amends Chapter 9.88 of the Huntington Beach Municipal Code relating to
Employment Solicitation. Ordinance No. 3500 modifies Section 9.88.020 Definitions, Section 9.88.030
Solicitation of and for Employment on Street or Highway Prohibited, and Section 9.88.040 Solicitation
Prohibited in Nonresidential Parking Areas. The changes relate to the regulated place and manner of the
solicitation of and for employment on streets and highways, and nonresidential parking areas.
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
ADOPTED by the City Council of the City of Huntington Beach at a adjourned regular meeting held
Monday, August 13, 2001, by the following roll call vote:
AYES: Boardman, Cook, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green, Julien Houchen
This ordinance is effective 30 days from date of adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
gasynopsis\Syn35W
0 .
RCA ROUTING SHEET
INITIATING DEPARTMENT: Office of City Attorney
SUBJECT: Adoption of Ordinance for Modification of HBMC Chapter
9.88 relating to solicitation of employment and contributions.
COUNCIL MEETING DATE: August 6, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If -applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED EO
Administrative Staff 7 K
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( ) G ¢ J
EXPLANATION FOR RETURN OF ITEM;
Space . Only)
RCA Author:
t
MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PD98-014
Council/Agency Meeting.Held: I II e f 98
Deferred/Continued.to:
Approved ❑ Conditionally Approved ❑ Denied �Dj City Clerk's Signature
-Z 4-r C>. . J. S a 17 - v
Council Meeting Date: July 20, 1998 Department ID Number: PD98-014
RDDPT� `J 8 -01 RRolo �g86
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATO
PREPARED BY: R. E. LOWENBERG, CHIEF OF POLICE
! SUBJECT: APPROVE THE INTRODUCTION OF THE
SOLICITATION ORDINANCE, 9.88 OF THE H.B. MUNICIPAL COD
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(
Statement of Issue:
The Employment Solicitation Ordinance needs to be approved by the City Council prior to
the Job Center project's anticipated opening.
Funding Source: N/A
Recommended Action:
Motion to approve the introduction of Ordinance # -33X,;L , the Employment Solicitation
Ordinance, .9.88 of the Huntington Beach Municipal Code, as shown in attachment #1 to the
Request for council Action dated 7-20-98. .
Alternative Action(s):
Do not approve the recommended action.
- 1
JOBCTR.DOC -2- 07/10/98 11:03 AM
REQUEST FOR ACTION
MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PD98-014
Analysis:
This Request for Council Action is to approve the introduction of the Employment Solicitation
Ordinance that is designed to complement the anticipated opening of the Job Center.
The idea for the job center and Employment Solicitation Ordinance developed as a result of
complaints received over the years from residents and business owners because of the
increasing number of day laborers seeking temporary employment in specific areas of the
city. The primary areas affected are Slater Avenue between Beach Blvd. and Nichols Street;
Delaware Street between Main Street and Ellis Avenue (Loehman's Plaza); and Home Depot
parking lot at Edinger Avenue and Goldenwest Street. For example, on any given day there
are 70-90 individuals seeking jobs on Slater Avenue, 30-40 on Delaware Street, and 25-35
at the Home Depot.
Currently, the. cities of Brea, Costa Mesa, and Orange have centers in operation and have
done so for a number of years. These cities have also enacted municipal ordinances
prohibiting the solicitation of employment in certain areas of their community. These
employment solicitation ordinances are designed to curtail the gathering of the "day laborer"
population in shopping centers and adjacent sidewalks while encouraging them to avail
themselves of these job centers.
The proposed job center is designed to provide an organized gathering place for job seekers
and employers. By passage of the Employment Ordinance in conjunction with this lease
agreement, the City hopes to curtail the above described problems. This job center will
allow prospective employers to locate and hire laborers on a short term hourly basis and
enable the Police Department to enforce the new Employment Solicitation Ordinance, if
approved.
Staff is recommending City Council approve the ordinance.
Attachment(s):
1. Draft Employment Solicitation Ordinance.
JOBCTR.DOC -3- 07/10/98 11:03 AM
ATTACHMENT # 1
ORDINANCE NO. 3382
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 9.88 TO THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO EMPLOYMENT SOLICITATION
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 9.88 is hereby added to the Huntington Beach Municipal
Code, said Chapter to read as follows:
Chapter 9.88
Employment Solicitation
Section:
9.88.010 Purpose of Chapter
9.88.020 Definitions
9.88.030 Solicitation of and for employment on public street or highway prohibited.
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas
9.88.050 Validity
9.88.060 Enforcement
9.88.010 Purpose of Chapter. The purpose of this chapter is to regulate the time, place
and manner of the solicitation of and for employment on streets and highways, public areas and
nonresidential parking areas. These regulations are not intended to restrict the right of free
speech or alternative channels of communications, but to ensure the protection of the public
health, safety and general welfare.
9.88.020 Definitions:
(a) "Employment" shall mean any offer or exchange or consideration for labor, industry or
other personal services, including part-time or temporary services, for wages or other
compensation.
(b) "Nonresidential parking area" means all private property comprising the parking area
adjoining nonresidential premises, i.e., commercial strip malls and shopping centers,
including but not limited to driveways, setbacks and portions that are landscaped.
(c) "Solicit or hire" means any request, offer, announcement, enticement or other action or
gesture which induces another person to reasonably believe that his or her services are
being sought or are being made available for hire, whether or not an actual employment
relationship is created.
A solicitation as defined herein shall be deemed completed when made whether or not
an actual employment relationship is created.
1
7/k/daylabor/7/9/98
(d) "Street or highway means all of the area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, medians, alleys,
sidewalks, curbs and other public rights-of-way.
(e) "Vehicle" means a vehicle as defined in California Vehicle Code §670 as the same now
reads or may hereafter be amended.
9.88.030 Solicitation of and for employment on street or highway prohibited. It is unlawful
for any person to engage in the solicitation of employment and for employees on any street or
highway.
9.88.040 Solicitation Prohibited in Nonresidential Parking Areas.
(a) It is unlawful for persons to solicit or offer employment within 25 feet of any parking lot or
driveway open to the public. This section shall not be construed so as to prohibit a
business establishment or property owner from soliciting or hiring employees at or on
his or her premises. For the purpose of this section, vehicles and other similar types of
mobile locations shall not be considered a business establishment or premises.
(b) This section shall not be operative unless the owner, the owner's agent or the person in
lawful possession of the nonresidential parking area has caused a notice to be posted in
a conspicuous place at each entrance to such nonresidential parking area not less than
eighteen by twenty-four inches in size with lettering not less than one inch in height and
not to exceed in total area six square feet. The content of such notice shall be in
substantially the following form, in both the English and Spanish languages:
It is a misdemeanor to solicit or offer employment at this location
unless the employment will be on these premises. (H.B.M.C.
§9.88.040)
9.88.050 Validity. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Huntington Beach hereby declares
that it would have adopted this ordinance and these sections, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions are declared invalid or unconstitutional.
9.88.060 Enforcement Enforcement of this section may be accomplished by:
(1) the owner, the owner's agent, or the person in lawful possession of the business
premises, under the provisions of California Penal Code §847 (Arrest by Private
Person); or
(2) a peace officer of the Huntington Beach Police Department; or
2
7/k/d ayla bo r/7/9/98
(3) a code enforcement officer of the City of Huntington Beach; or
(4) the filing of a criminal or civil complaint by the City Attorney.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 3rd day of August 1997.
ATTEST: ayo
APPROVED AS TO FORM:
City Clerk
REVIEWED AND AP ROVEDClty Attorney
INIT D AND APP ED:
14 fClj Administrator 7
x�
P lice Chief (,
3
7/k/day la bor/7/9/98
Ord. No. 3382
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 July, 1998, and was again read to
said City Council at a regular meeting thereof held on the 3rd day of August, 1998,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: Garofalo
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
•
,19
In accordance with the City Charter of said City City Clerk and ex-officio Verk
Connie Brockway City Clerk of the City Council of the City
Deputy Citv Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
8/5/98
RCA ROUTING SHEET
INITIATING DEPARTMENT: POLICE DEPARTMENT
SUBJECT: APPROVE THE INTRODUCTION OF THE
EMPLOYMENT SOLICITATION ORDINANCE,
9.88 OF THE H.B. MUNICIPAL CODE
COUNCIL MEETING DATE: July 20, 1998
.
RCA ATTACHMENTS . ....STATUS;
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
.. .. _ ....... ..... ......... ........ ... .... ..... ...... __ .. ..... . . ......__ .........................................
.......... .
...... ...... ......... ....._.... ......... ..... ........ .. ... ........_ ....... .. ........... ........_.. ... .. .. ....... ..... .......... ...........
>EXPLANATLON FOR MISSING ATTACHMENTS:
REVIEWED RETURNED FOR EQ..
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FQR RETURN QF ITE!M
FROM TRIDENT CO. PHONE NO. +714+532 4e,DF Jul. 31 1993 03:43PM P01
4f 4
NJ
(9 �JII II 2
k•
Trident Company
461 S, Glasselt St.
Orange, CA 92866
Tcl. 714-532-5939Fax: 714-532-4898
FAX TRANSMISSION
Date: July 31, 1998
TO: City Clark
City of Huntington Beach (I'
Fax No: 714-374-15
' 7
RE: Item G 1 A, Employment. Solicitation Ordinance '
City Council Meeting August 3, 1998
poi Fq I
14I ,
From: Katoy Johansen
No, Copies FAXED including this coversheet: 2
Message:
Please forward a copy of this letter to the Members of the Huntington Beach.Clt' Council
in anticipation of the August 3, 1998 meeting. This letter is in regards to the Employment
Solicitation Ordinance (3393)which is on the agenda as item G1A.
Thank you for ,your assistance,
c
l
FROM_: TRIDENT CO. PHONE NO. +r 14+532 48910 Jul. 31 1993 0 3:44PM P02
Trident Company
401 S. G1tissc11 St.
OUM9C, CA 92866
TCl• 714-532-5939 Fax: 714.532-4898
July 31, 1998 i..
City Council Members n
c/o City Clerk �..,.
City of Huntington Beach it 1 E
2000.Main Street
Huntington Beach, CA 92648
RE: Ordinance 3383: Employment Solicitation Ordinance
Dear:City Council Members: ,; ;
I am a property owner on Keelson Lane in the City of Huntington Beach. In fact, I'J'u§t
purchased another apartment complex on this street in an eilort to stop the are'a:from
further decline. I understand that there is a City Council Meeting this Moa d4y, August
3,1998 and that the Council will consider passing the Employment Solici4' Don Qrdin e. . ;
I am asking that the City Council Members pass this ordinance immediately. As a prop:ii '
owner managing apartment units in this area, I have difficulty encouraging proslective
tenants to rent apartments because of the clay laborers congregating, on tha street
corners.Their presence not only discourages prospective tenants, but increases the volume
of litter in the street and creates a traffic hazard when these day laborers cross ti'affic to
stop cars. I have lost a number of prospective tenants, who look to rent apartments in
other communities who better manage their day labor issues and do not allow this
loitering.
This ordinance provides structure and guidelines governing day laborers in the City of
Huntington Beach. Tt applies a model of day labor management that other cities!have
found successful. By supporting this ordinance, City Council Members can
demonstrate their commitment to a safe, clean, attractive and economically vibrant: ty 4,f
Huntington Beach, '" c' <-1 -trn
I look forward to your support and encourage you to contact me should you have aVy cow
questions. .
C'
Sincerely,
W.
Katherine Johansen, MPH, CHES (V
Trident Company -