HomeMy WebLinkAboutOrdinance #2464 ORDINANCE NO. 2464
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 2. 36 AND SECTION 2. 72. 030,
BY AMENDING CERTAIN SECTIONS OF CHAPTERS 2. 30,
2. 721 2. 84, 3. 02, 3. 03 AND 8.60; AND ADDING
THERETO NEW CHAPTER 2. 12 TO ESTABLISH A DE-
PARTMENT OF ADMINISTRATIVE SERVICES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Chapter 2.36 and section 2. 72. 030 of the
Huntington Beach Municipal Code are hereby repealed. '
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by amending sections 2. 30. 030, 2. 30. 080, 2. 72. 020, 2. 72. 040,
2. 72.070, 2. 84.070, 2. 84.080, 3.02.010 through 3. 02. 030, 3. 02.050
through 3.02. 130, 3.02. 160 through 3. 02. 200, 3. 03.090, 8. 60.030,
8.60. 060 and 8.60. 070 to read as follows:
2.30.030 Director--Powers and Duties. The director of
community services shall be appointed by the city administrator
with the approval of the city council. The director shall have
the following powers and duties:
(a) Plans, organizes and directs programs and activities
in harbors, beaches, recreation, parks , and the city library.
(b) Directs and coordinates all activities and phases
of operations within the department.
( c) Advises on acquisition, design and construction of
recreational, beaches and parks facilities.
(d) Insures recreation, beaches, harbor, parks, and the
city library needs are met and maintained within established
framework, and executes policy, rules and regulations as es-
tablished by the city council.
( e) Investigates and authorizes purchase of materials and
equipment necessary to implement and operate programs .
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(f) Determines department policies and procedures.
(g) Communicates program plans and activities to various
city, intercity and community groups .
(h) Prepares and administers departmental budget.
( i) Formulates and administers lease agreements .
( j) Serves as secretary to the community services commission
or appoints deputy so to serve.
(k) Performs such other duties and has such other powers
as the city council may establish hereafter by resolution.
2 .30.080 Terms. Wherever the terms "harbors and beaches
department, " "recreation, parks and human services department"
or "department of harbors, beaches, recreation and parks" and
"city libraries" are used in this code, or in any resolution
adopted by the city council, they shall be deemed to mean and read
"community services department. " Wherever the terms "director of
harbors and beaches," "director of recreation, parks and human
services" or "director of harbors , beaches, recreation and parks"
are used in this code, they shall be deemed to mean and read
"director of community services ."
2.72.020 Division created. A personnel division is created
and shall be under the supervision and control of the chief of
administrative services .
2.72.040 Director--Duties . The administrative services
chief shall administer the provisions of this code relating to
personnel and city employees ; the personnel resolution; and the
employeremployee relations resolution. He, or his 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. He, or his designee, shall serve as
secretary to the personnel board. He shall have authority to
perform such other duties as may be assigned him by the city
administrator and the personnel board not inconsistent with the
city Charter, this chapter and the above-named resolution.
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
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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 administrative services chief;
(e) Hear appeals from decisions of the administrative
services chief made pursuant .to the employer-employee rela-
tions 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.
2.84.070 Meetings--Minutes. The board shall cause a pro-
per record of its proceedings to be kept by the director of
community services , or his designee, who shall serve as secretary
to the board. Roberts' Rules of Order Revised shall govern the
procedure of the meetings of the board unless inconsistent with
other provisions of this chapter.
2 .84.080 Powers and duties . The board shall exercise the
following powers and duties:
(a) Make recommendations to the city council for the
operation and conduct of city libraries;
(b) Recommend to the city council rules and regulations
and bylaws for the administration and protection of city li-
braries;
(c) Recommend to the city council the duties and quali-
fications of the secretary to the board;
(d) Make recommendations concerning the acquisition of
books, journals, reports, maps, publications and other personal
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property;
( e) Make recommendations concerning the purchase or lease
of real property and the rental or provision for adequate fa-
cilities, buildings or rooms for library purposes;
(f) Make recommendations concerning the borrowing from,
the lending to or exchanging of library materials with other
libraries subject to any costs and expenses approved by the
city council;
(g) Consider the annual budget for library purposes during
the process of its preparation and make recommendations with
respect thereto to the city council and city administrator;
(h) Within sixty (60 ) days after the close of each fiscal
year, report to the city council on the condition of the li-
braries for the preceding fiscal year and on such other matters
deemed expedient by the board; and
( i) Perform such other functions as the city council may
direct and require from time to time.
3 .02.010 Established. The purchasing division of the ad-
ministrative services department is established for the purpose
of providing for centralized purchasing of all supplies, services
and equipment for the various agencies of the city.
3 .02.020 Officer--Duties. The chief of administrative
services shall direct the activities of the purchasing division.
The purchasing officer shall be responsible to the chief of
administrative services. The purchasing officer shall enjoy all
fringe benefits enjoyed by department heads .
3 .02.030 Officer--Exemption from centralized purchasing.
The chief of administrative services may authorize in writing
any agency to purchase or contract for specified supplies, services
and equipment independently of the purchasing division; but he
shall require that such purchases or contracts be made in con-
formity 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.
3 .02.050 Purchase orders. Purchases of supplies, services,
and equipment shall be made only by purchase order, except that
the chief of administrative services may direct that purchases,
reimbursements or allowances of a sum not to exceed fifty dol-
lars ( $50) may be directed to the finance division for payment or
reimbursement by petty cash.
4.
3 .02.060 Encumbrance of funds. The chief of administra-
tive services shall not issue any purchase order for supplies,
services or equipment unless there exists an unencumbered appro-
priation in the fund account against which the purchase is to be
charged.
3.02.070 Formal bidding procedure. Except as otherwise
provided in this chapter, purchases of supplies, services, equip-
ment of estimated value greater than eight thousand dollars ( $8000)
shall be by competitive written bid, and shall be awarded pur-
suant to the procedures prescribed in this chapter. The chief
of administrative services shall solicit bids in writing from
prospective vendors and may employ such other means as are calcu-
lated to ensure the maximum participation by qualified vendors in
the bid competition.
3.02.080 Bidder' s security. In procurements where com-
petitive bidding is utilized, the chief of administrative ser-
vices may prescribe in his notice that each such bid be accom-
panied by a cash deposit not to exceed 25 percent of the amount
of bid. Unsuccessful bidders shall be entitled to return of bid
security upon awards to another. A successful bidder shall for-
feit his bid security upon his refusal or failure to execute the
contract within ten ( 10 ) days after the notice of award of con-
tract has been mailed, unless the city is responsible for the de-
lay. The chief of administrative services may, upon default
by refusal or failure of the successful bidder to execute the
contract, award the contract to the next lowest responsible
bidder. In such case, the amount of the original lowest bidder' s
security may be applied to the difference between the low bid
and the second lowest bid, and the remainder, if any, shall be
returned to the defaulting original lowest bidder.
3.02.090 Bid opening procedure. Bids shall be submitted to
the chief of administrative services in a sealed envelope and
shall be identified as such on the outside cover. Envelopes des-
ignated as bids shall be opened in public at the time and place
stated in the request for quotation. A tabulation of all bids
tendered shall be open for public inspection during regular busi-
ness hours for a period of not less than thirty (30) calendar
days after the award.
3 .02.100 Bid rejection. For good cause appearing, the
chief of administrative services may reject any or all bids
tendered. He may waive the informality of any bid presented to
him.
3 .02.110 Award of bid. The award shall be to the lowest
acceptable and responsible bidder except as otherwise provided
herein. Award may be by item, if the chief of administrative
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services deems such manner of award to be in the best interests
of the city.
3 .02.130 Performance bonds. The chief of administrative
serivices shall have authority to require a performance bond be-
fore making any award or entering into any contract in such amount
as he shall find reasonably necessary to protect the best in-
terests of the city. If the chief of administrative services
requires a performance bond, the form of the acceptable bond and
amount thereof shall be described in the notices inviting bids.
3 .02.160 Bids--Record retention. The chief of administra-
tive services shall keep a record of all purchases and procurements
for a period of one year after the submission of the bid, including
a record of all sources contacted and their responses , if any.
3 .02.170 Inspection and testing of equipment and services .
The chief of administrative services may inspect supplies and
equipment delivered and contractual services performed to deter-
mine their conformance with the specifications set forth in the
order or contract. The chief of administrative services shall
have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary
to determine their quality and conformance with specifications.
3 .02.180 Surplus supplies and equipment. All using agencies
shall submit to the chief of administrative services, at such
times and in such form as he shall prescribe, reports showing all
supplies and equipment which are no longer used or which have be-
come obsolete or worn out. The chief of administrative ser-
vices shall have authority to sell all supplies and equipment which
cannot be used by any agency or which have become unsuitable for
city use, or to exchange the same for, or trade in the same on,
new supplies and equipment.
3 .02.190 Exempt and emergency procurements . The following
purchases and procurements are exempted from the requirements of
this chapter:
(a) Emergency purchases and procurements . An emergency
shall be deemed to exist if:
(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 safe-
guard the public health, safety or welfare;
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( 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 im-
mediate procurement of a commodity or service, the city
administrator may authorize the chief of administrative ser-
vices to secure by the open-market procedure, at the lowest ob-
tainable price, any service or commodity regardless of the
amount of the expenditure: A full report of the circumstances
of all emergency purchases shall be submitted to the city ad-
ministrator.
(b) Interagency purchase agreements . Procurements utilizing
purchasing agreements maintained by other public agencies for
the provision of services or supplies to such agencies are ex-
empt from the requirements of this chapter.
( c) Sole-source procurements. In those cases where the
procurement of any product or supply is obtainable only from
a single or sole source, the chief of administrative services ,
upon approval of the city administrator, and with the assistance
of the city attorney or his designee, shall negotiate with the
purveyor of such equipment, product, supply or service, to the
l end that the city receives the desired product, equipment, ser-
vice or supply on fair and equitable terms. Purchases from
regulated public utilities may be made pursuant to applicable
tariff without regard to this section.
(d) Open market and catalog purchases . Open market or
catalog purchases and procurements of supplies or services are
exempt from the requirements of this chapter when the estimated
value of the items or services to be procured is one thousand
dollars ($1000) or less .
( e) Competitive bidding preference. Competitive bidding
is the city's preferred method of procurement; however, in any
procurement situation where it appears that the interests of
the city would be better served by utilizing an alternative
method of procurement, the chief of administrative services
may, with the prior written approval of the city administrator,
proceed to utilize an alternative procedure. "Alternative pro-
cedure," as the term is used herein, includes but is not limited
to contract award after negotiation between representatives of
the city and one or more prospective vendors.
(f) Public works construction contracts. Those public
works construction contracts , and the separate procurement of ma-
terials and supplies therefor, that are governed by other appli-
cable laws, including but not limited to the city Charter.
7.
3.02.200 Disqualification of vendors. The chief of
administrative services may, for good cause appearing, decline
to accept offers, bids or quotations from prospective vendors .
A vendor whose offer, bid or quotation has been declined shall
have the right to appeal such decision of the chief of ad-
ministrative services to the city administrator within a rea-
sonable time after demand made in writing to the chief of
administrative services to accept the proffered bid, offer or
quotation.
3.03.090 Authorization by chief of administrative ser-
vices. In case of an emergency which requires the immediate re-
tention of a professional consultant, the city council may au-
thorize the chief of administrative services to secure by
the open-market procedure, at the lowest obtainable price consis-
tent with professional standards, any professional service re-
gardless of the amount of the expenditure. A full report of
the circumstances of all emergency purchases shall be filed
with the city council by the chief of administrative services
and shall be entered in the minutes of said council.
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8 .-9fr.030 Council--Created. -There is created a civil
defense and disaster council, consisting of the director who
shall be chairman, deputy director who shall be the vice
chairman, chief of police, director of public works , or their
representatives, coordinator of civil defense/emergency ser-
vices planning and training, and any city department head who
may be appointed by the director, and representatives of civil,
business, labor, veterans, professional or other organizations,
not to exceed five in number, as may be appointed by the di-
rector.
8.60.060 Deputy director--Office created. There is
created the office of deputy director of civil defense/emergency
services who shall be the fire chief of Huntington Beach.
8.60.070 Director--Powers and duties enumerated. The
director is hereby empowered to:
(a) Request the city council to proclaim the existence
or threatened existence of a local emergency if the city coun-
cil is in session, or to issue such proclamation if the city
council is not in session. Whenever a local emergency is pro-
claimed by the director, the city council shall take action
to ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect;
(b) Request the Governor to proclaim a state of emergency
when, in the opinion of the director, the locally available re-
sources are inadequate to cope with the emergency;
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( c) Control and direct the effort of the emergency or-
ganization of this city to accomplish the purpose of this chapter;
(d) Direct cooperation between and coordinate services and
staff of the emergency organization of this city, and resolve
questions of authority and responsibility that may arise between
them;
(e) Represent this city in all dealings with public or
private agencies on matters pertaining to emergencies as defined
herein;
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(f) In the event of the proclamation of a local emergency,
as herein provided, the proclamation of a state of emergency
by the Governor or the Director of the state Office of Emergency
Services , or the existence of a state of war emergency, the di-
rector is hereby empowered:
(1) To make and issue rules and regulations on matters
reasonably related to the protection of life and property as
affected by such emergency; provided, however, such rules and
regulations shall be confirmed at the earliest practicable time
by the city council,
( 2) To obtain vital supplies, equipment and such
other properties found lacking and needed for the protection
of life and property and to bind the city for the fair value
thereof and, if required immediately, to commandeer same for
public use,
(3) To require emergency services of any city officer
or employee and, in the event of the proclamation of a state
of emergency in the county in which this city is located or
the existence of a state of war emergency, to command the aid
of as many citizens of this community as he deems necessary in
the execution of his duties. Such persons shall be entitled
to all privileges, benefits and immunities as are provided by
state law for registered disaster service workers,
(4) To requisition necessary personnel or material
of any city department or agency,
(5) To execute all of his ordinary power as city
administrator, of all special powers conferred upon him by this
chapter or by resolution or emergency plan pursuant hereto
adopted by the city council; all powers conferred upon him by
any statute, by any agreement approved by the city council, and
by any other lawful authority.
(g) The director of civil/defense emergency services shall
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designate the order of succession to his office to take effect
in the event the director is unavailable to attend meetings and
otherwise perform his duties during an emergency. Such order
of succession shall be approved by the city council.
(h) The deputy director shall, under the supervision of
the director, have such other powers and duties as may be as-
signed by the director.
SECTION 3. The Huntington Beach Municipal Code is hereby
amended by adding thereto new chapter 2. 12 entitled, "Administra-
tive Services Department, " to read as follows:
2.12.010 Establishment. There is hereby established a
department of administrative services which shall include the
staff functions of finance, personnel, data processing, word
. processing and purchasing.
2.12.020 Objectives. The objectives of the department shall
be to establish, facilitate and maintain support to city operating
departments .
2.12.030 Chief--Powers and duties. The chief of administra-
tive services shall be appointed by the city administrator with
the approval of a majority of the city council . The chief shall
have the following powers and duties:
(a) Direct, plan, organize and coordinate programs and
activities of the administrative services department;
(b) Establish and maintain a system of financial procedures,
accounts and controls for the city government and each of its
offices, officers, departments and agencies ;
(c) Provide direction for the disbursement of all monies and
control all expenditures to insure that budget appropriations are
not exceeded;
(d) Provide direction for the collection of all monies
paid into or received by the city from whatever source;
(e) Provide direction for the billing and collection of
accounts receivable, including water billings, billing and col-
lection for amounts due from other governmental units and bil-
ling and collection of all amounts due on contracts , leases, or
other agreements entered into by the city;
(f) Direct and administer the city' s personnel system as
it relates to employer/employee relations ;
(g) Direct and administer the city' s data processing and
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word processing;
(h) Direct and administer the city' s centralized purchasing
function with regard to procurement of all supplies , services and
equipment for all city departments and agencies of the city.
2 .12.040 Appointment of subordinates. The chief, with the
approval of the city administrator, shall appoint all other officers,
assistants, deputies and employees of the administrative services
department.
2.12.050 Terms. Whenever the terms "finance department" or
"personnel department" are used in this code, or in any resolution
adopted by the city council, they shall be deemed to mean and read
"administrative services department. " Where the terms "director
of finance department" or "director of personnel department" are
used in this code, they shall be deemed to mean and read "chief of
administrative services ."
SECTION 4. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent, a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of Hunting-
ton Beach at a regular meeting thereof held on the 17th day of
November, 1980.
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Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
INITIATED AND APPROVED:
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Acting City A inistrator
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Ord. No. 2464
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 3rd day of November
19 80 , and was again read to said City Council at a regular
meeting thereof held on the 17th day of November � 19 80 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
Finley
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t. Alicia M. Wentworth CITY CLERK of the City of
Hunttr•g)n Beach and e>.•offkio Cleric of e City
Caun&, do hereby certify that a synopsis of this
ordinance .as been published in the t,,un,ington
40ch independent cn
.........................._
A 7.... i9..'Fr)
in accordance with the City Charter of said City.
City Clerk
...................... .............:.........
Deputy CitrVerk