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HomeMy WebLinkAboutORDINANCE 3770 - AMENDING TITLE 2 OF THE HUNTINGTON BEACH MU Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. CITY OF COUNTY OF ORANGE ) HUNTINGTON BEACH. LEGAL NOTICE ORDINANCE NO.3770. I am the Citizen of the United States and a Ado Cted by ounci the City,. Council on � resident of the County aforesaid; I am over JULINA,C2007 E "AN O � ORDINANCE OF THE i the age of eighteen ears, and not a art CITY OF HUNTINGTON g g Y party BEACH AMENDING TITLE; to or interested in the below entitled matter. 2 OF THE MUNICIHUNTIPAL CODE1 BEACH MUNICIPAL CODEi I am a p rinci p al clerk of the HUNTINGTON BY NG 'VA AND; DELETING 'VA AND: BEACH INDEPENDENT, a newspaper of SEC PTERSA AND general circulation, printed and published in THE,CTY`ATTORNEY.IS; the City of Huntington Beach, County Of UNDERTAKING A COM- PREHENSIVE REVIEW OF THE HUNTINGTON Orange, State of California, and the BEACH MUNICIPALI attached Notice is a true and complete copy TITLESAIT AND 2, THE CITY RECOM- as was printed and published on the 'MENDED ONOE CHANGES ,TO TITLE 1, AND THAT following date(s). TITLE 2 BE UPDATED AS SET FORTH IN ORDI- ..NANCE NO. 3770. THE ORDINANCE ESTAB- LISHES THE DEPART- MENT OF HUMAN RE- ISOURCES AND THE DIRECTOR OF HUMAN RESOURCES, DELETES BOARDS AND COMMIS- SIONS LONGER JULY 1 2 r 2 O O 7 EXIST PROVIDED CERTAIN �0PERATI NG CLARIFICATIONS FOR OTHER BOARDS AND .COMMISSIONS, CLARIFY AN EXISTING LIMITATION ON THE TRANSMITTAL OF CAMPAIGN CONTRI- BUTIONS, AND. REMOVE UNCONSTITUTIONAL RE- STRICTIONS ON EM- PLOYEE POLITICAL AC- I declare, under penalty of perjury, that the T ETIFULL TEXT OF THE-1 foregoing is true and correct. ABOLE"I�NE THE ACAITY! CLERK'S OFFICE. PASSED AND ADOPTED; by, the City Council of the City of Huntington I Beach at a regular meet- Executed on JULY 1 2, 2 O O 7 ing held July 2, 2007 by the following roll call) at Huntington Beach, California vote: AYES:. Bohr, Carchio, Cook, Coerper, Green,i Hansen,Hardy NOES:None ABSENT:None This ordinance is off ec tive 30 days after Signature Ladoptio CITY OF HUNTINGTON BEACH l2000 MAIN STREET HUNTINGTON BEACH, .i CA:92648' 714-536-5227 JOAN L.FLYNN,CITY CLERK Published Huntington ,Beach Independent July, 12,2007 072-609 for reappointment to the same boar�®r omm=eceu=te=m wenty-four (24) months of the expiration of th most 4jlz-e- /3c7IAk� dN r/1,4404- 2.100.085 Attendance. Any person appointed to any city board, commis ' , committee shall automatically vacate the office upon a fifth(5th) unexcu ence during a calendar year or upon more than three (3) consecutive ab�enee at any time during the term of office. Upon request of the absen mer, each board, commission, or committee shall have the auth6"rity to determine whether an absence is excused. The appointing authority shall appoint a successor to fill the vacancy. Chapter 2.104 (Reserved) ADVISORY BOARD ON T14-E HANDICAPPED c e ti 2.104.010 Esta.lishe a 2.104.020 Objectives 2.104.020 Objeetives. The pur-poses of the beafd shall be to advise the City > its beards, fis, and the Hunfing4ali > time, Beae, High Seheel Dist-iet on qtiestions , g the handi,appea 2.104.030 Composition. The board shall eensist of not less than seven and ne more than eleve.n. handieapped, as follows! one membef of the City Getineil, one fepfesentftfive of theCOMMU*ity > > members. two years. 05-206/10327 3 Chapter 2.105 (Reserved) AIRPORT BOARD ,ems: 2.105.010 Established 2.105.030 O�bje twele the City G,,une l of s,,p, o ft for-A ilo.,.l,,w1.,-1 A.... ei4 2.105.020 Composition. The board shall eansist of nine membefs appointed by the City Couneil .vrv...ve.o shall sen,eo . 2.105.030 vvjeet.res. rrpur-peses E)f the board shall be to.: (a) Resolve v vuY1.;,.ts against . ,ft , o .ting otA fAeadowlafk A;, .,ft ,eompa4ible with the stfff ounding area; and plan for-aviation whieh will sen,e in the best ifi4efests of the area Y-esidents now and in the futufe. 05-206/10327 4 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Huntington Beach Municipal Code Title 2 Update COUNCIL MEETING DATE: June 18, 2007 , CA" � ,,. C ENTS US 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 ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (if applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Ap licable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ SEX P LAATION ,• I ING ATTAC TS 11/[EWEa' RETURNED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) ) ) City Clerk ( ) EXPLANA; 10N FC I�f � „ „RN OF IT „ : ,. � .. (BelowUse Only) RCA Author: Jennifer McGrath, City Attorney ORDINANCE NO. 3770 i AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ; AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ; AMENDING AND DELETING VARIOUS CHAPTERS AND SECTIONS THEREOF The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.07.130 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.07.130 Transmittal of campaign contributions in city office buildings. (a)No person shall receive or personallyJ deliveror attempt to deliver a contribution in any office which the City owns or for which the City pays the majority of the rent. ; (b) For purposes of this section:,; (1) "Personally deliver�/means delivery of a contribution in person or causing a contribution to be delivered in person by an agent or intermediary, other than the United States mail.;/ (2) "Receive" includes the receipt of a campaign contribution delivered in person. SECTION 2. That Section/,.72.020 of the Huntington Beach Municipal Code is hereby I amended to read as follows: f 2.72.020 Department Established. A Human Resources Department is hereby created and shall be under the supervision and control of the Director of Human Resources. The objectives of the department shall be to provide services related to human resources management to all city employees, and to provide services to other city departments to achieve the selection and development of a workforce which can provide the highest quality of services to the community. SECTION 3. That Section 2.72.040 of the Huntington Beach Municipal Code is hereby I amended to/read as follows: l 2.72.040 Director of Human Resources—Powers and Duties. The Director of Human Resources shall be appointed by the City Administrator with the approval of a majority of the City Council. The Director shall have the following powers and duties: 05-206/10325 1 Ordinance No. 3770 i a) to administer the provisions of this code relating to personnel ancity employees; the personnel resolution; and the employer-employee relations resolution; and /f b) to 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; and c)to be responsible for directing,planning, organizing acid managing the operations of the Department of Human Resources, and all other personnel functions and programs of the City, including, but not limited to, recruitment and selection, classification and compensation, training, employee benefits, risk management,the City's self-insured programs in liability;worker's compensation, and loss prevention; and d) with the approval of the City Administrator;to appoint all other officers, assistants, deputies and employees of the Human Resources Department; and e) to perform other such tasks and duties,as may be assigned by the City Administrator. SECTION 4. That Section 2.76.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: ,! 2.76.090 Reserved. ` f SECTION 5. That Section 2,400.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.100.060 Service limitation. No person shall serve on more than one board or f commission at any one time. No person shall serve more than two (2) consecutive terms on'any one (1)board or commission, and no person who has been a member for;more than two (2) years of a term to which some other person was appointed a member shall be appointed to the same board or commission for more that one (lr) further consecutive term. No person who has served two (2) consecutive terms on any one (1) board or commission shall be eligible for reappointment to the same board or commission within twenty-four (24) months of the expirration of that person's most recent term. i r SECTION 6. That Section 2.100.085 of the Huntington Beach Municipal Code is t hereby amended to read as follows: g© K 05-206/10325 2 �L Ordinance No. 3770 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office. Upon request of the absent member each board, commission, or committee shall have the authority to determine whether an absence is excused. The appointing authority shall appoint a successor/to fill the vacancy. SECTION 7. That Chapters 2.104 and 2.105 of the Huntington Beach Municipal Code are hereby deleted. J t �f SECTION 8. That this ordinance shall become effective thirty(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 , 2007. Mayor r� ATTEST: APP OVED AS TO FORM: City Clerk ° y Attorney S. 4 3 REVIEWED AND�APPROV D: %City Administrator C1 HO A IDDH r '-T A K E H f i i 05-206/10325 3 Ci-` AWM vc=a fb4 iNnauCr�lo.c7= Council/Agency Meeting Held: Deferred/Continued to: P7110-vdimmkga �l Approved ❑ Conditionally Approved ❑ Denied sG,b&v0City erk' Sign re Council Meeting Date: June 18 , 2007 Department ID Number: CA-07-15 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: JENNIFER McGRA ity Attorney PREPARED BY: JENNIFER McGRA ity Attorney SUBJECT: HUNTINGTON BEACH MUNICIPAL CODE TITLE 2 UPDATE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Attorney is undertaking a comprehensive review of the Huntington Beach Municipal Code. After review of Titles 1 and 2, the City Attorney recommends no changes to Title 1, and that Title 2 be updated as set forth in the attached ordinance. The proposed ordinance would establish the Department of Human Resources and the Director of Human Resources, delete boards and commissions that no longer exist, provide certain operating clarifications for other boards and commissions, clarify an existing limitation on the transmittal of campaign contributions, and remove unconstitutional restrictions on employee political activities. Funding Source: N/A Recommended Action: Motion to: adopt Ordinance No. 377o entitled "An Ordinance Of The City Of Huntington Beach Amending Title 2 Of The Huntington Beach Municipal Code By Amending And Deleting Various Chapters And Sections Thereof." Alternative Action(s): Do not adopt the ordinance. Analysis: The Huntington Beach Municipal Code has not been comprehensively updated in several years. The City Attorney intends to review and update all Titles in the Municipal Code and return to the City Council approximately once each quarter with recommended ordinances for adoption. The review of Titles 1 and 2 has been completed. No changes are recommended to Title 1; however, the above referenced ordinance updates Title 2 of the Municipal Code by: 05-206/10318 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: CA-07-15 1. Correcting a confusing typographical error in Section 2.07.130, relating to the transmittal of campaign contributions in city offices; and 2. Clarifying the service limitation and excused attendance rules for members of the City's boards and commissions, to more closely follow the rules applied to members of the City Council; and 3. Repealing an unconstitutional limitation on the political activities of non-exempt employees; and 4. Establishing the Human Resources Department and providing the powers and duties of its department head, the Director of Human Resources; and 5. Deleting the defunct Airport Board and the Advisory Board on the Handicapped, neither of which have existed for several years. Strategic Plan Goal: C-2: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. Environmental Status: N/A Attachment(s): NumberCity Clerk's Page . Description 1. Ordinance No. 3770 , entitled "An Ordinance of the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code by Amending and Deleting Various Chapters and Sections Thereof' and Le islative Draft. 05-206/10318 -2- 5/30/2007 10:04 AM ATTACHMENT NO . 1 ORDINANCE NO. 3770 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING AND DELETING VARIOUS CHAPTERS AND SECTIONS THEREOF The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Deleted by City Council Action. SECTION 2. That Section 2.72.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.72.020 Department Established. A Human Resources Department is hereby created and shall be under the supervision and control of the Director of Human Resources. The objectives of the department shall be to provide services related to human resources management to all city employees, and to provide services to other city departments to achieve the selection and development of a workforce which can provide the highest quality of services to the community. SECTION 3. That Section 2.72.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.72.040 Director of Human Resources—Powers and Duties. The Director of Human Resources shall be appointed by the City Administrator with the approval of a majority of the City Council. The Director shall have the following powers and duties: a) to administer the provisions of this code relating to personnel and city employees; the personnel resolution; and the employer-employee relations resolution; and b) to 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; and c) to be responsible for directing,planning, organizing and managing the operations of the Department of Human Resources, and all other personnel functions and programs of the City, including, but not limited to, recruitment and selection, classification and compensation, training, employee benefits, risk management, the City's self-insured programs in liability, worker's compensation, and loss prevention; and 05-206/10325 1 Ordinance No. 3770 d)with the approval of the City Administrator, to appoint all other officers, assistants,deputies and employees of the Human Resources Department; and e)to perform other such tasks and duties as may be assigned by the City Administrator. SECTION 4. That Section 2.76.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.76.090 Reserved. SECTION 5. Deleted by City Council Action. SECTION 6. Deleted by City Council Action. SECTION 7. That Chapters 2.104 and 2.105 of the Huntington Beach Municipal Code are hereby deleted. SECTION 8. That this ordinance shall become effective thirty(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 July 02 , 2007. May r ATTEST: APPROVED AS TO FORM: 9"Iedt Ci Clerk City Attorney REVIEWED AND APPROVED: r %'z - ",�:� '24 City AdiWinistrator !J 05-206/10325 2 Ord. No. 3770 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of June,2007, and was again read to said City Council at a regular meeting thereof held on the 2nd day of July,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 12,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk C1 y Clerk and ex-officio Vlerk Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No. 3770 LEGISLATIVE DRAFT 2.07.130 Transmittal of campaign contributions in city office buildin (a)No person shall receive or personally de�Vypays �attempto deliver a contribution in any office which the City owns or for which the the majority of the rent. (b) For purposes of this sec ' (1) "Personal eliver" means delivery of a contribution in person or causing a contribution to be deli ed in person by an agent or intermediary, other than the United States mail. (2) "Receive" includes the receipt pr-eeept of a campaign contribution delivered in on. GcJ/LL 2.72.020 Department Established. A Human Resources Department is hereby created and shall be under the supervision and control of the Director of Human Resources. The objectives of the department shall be to provide services related to human resources management to all city employees, and to provide services to other city departments to achieve the selection and development of a workforce which can provide the highest quality of services to the community. Di. er-eated. ^ pefsennel divisioner-ea4ed and shall b�Under-t rr nc and eentfol of the City Administfatef of his,%ef designee. 2.72.040 Director of Human Resources — Powers and Duties. The Director of Human Resources shall be appointed by the City Administrator with the approval of a majority of the City Council. The Director shall have the following powers and duties: a) to administer the provisions of this code relating to personnel and city employees; the personnel resolution; and the employer-employee relations resolution; and b) to be the city's principal representative in all matters of employer- employee relations, with authority to meet and confer in good faith with 05-206/10327 1 recognized employee organizations within the scope of representation and shall serve as secretary to the personnel board; and c) to be responsible for directing, planning, organizing and managing the operations of the Department of Human Resources, and all other personnel functions and programs of the City, including, but not limited to, recruitment and selection, classification and compensation, training, employee benefits, risk management, the City's self-insured programs in liability, worker's compensation, and loss prevention; and d) with the approval of the City Administrator, to appoint all other officers, assistants, deputies and employees of the Human Resources Department; and e) to perform other such tasks and duties as may be assigned by the City Administrator. City Administfatef Dtities. The City Administfater-or-his/her-designee shall r-elations .. yL^^^^4Y�� , � ith meet and vviuv. ... bvvv. ...._..... ......�...".b.::�,e... e.:�1,lo j'.... llVatU / 2.76.090 Reserved. N o pt employees Pfohibited eleetion aefiyities. No O eef o +' emplayee whose position is not exempt fieffi the opefatien ef the pefsefhnel system of the City , exeept hiffiself-, for-an effieial of the City. W 14-L ;�&TuA./j .0 X1.00 9L 2.100.060 Service limitation. No person shall serve on more than one board or c ssion at any one time. No person shall serve more than two (2) consecutive t n any one (1)board or commission, and no person who has been a member for an two (2) years of a term to which some other person was appointed a m s all be appointed to the same board or commission for more that one er consecutive term. No person who has served two (2) consecut' erms on any one (1) board or commission shall be eligible 05-206/10327 2