HomeMy WebLinkAboutOrdinance 3662 - Amending Chapter 2.86 of the Huntington Bea H. B. INDEPENDENT
PUBLISH DATE: 9/16/04
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3662
Adopted by the City Council on SEPTEMBER 7, 2004
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 2.86 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING
TO THE POWERS AND DUTIES OF THE LIBRARY DIRECTOR"
SYNOPSIS:
CELL PHONE USE HAS BECOME AN INCREASING PROBLEM AT THE LIBRARY. THIS
ORDINANCE GIVES ENFORCEMENT POWERS/DUTIES TO THE LIBRARY DIRECTOR TO
ISSUE ADMINISTRATIVE CITATIONS. ABSENT THIS AUTHORITY,THE LIBRARY
DIRECTOR WOULD HAVE TO CALL UPON AN EMPLOYEE FROM AN AUTHORIZED
DEPARTMENT TO COME TO THE LIBRARY TO ISSUE THE CITATION. THIS WOULD
IMPEDE ENFORCEMENT OF HBMC SECTION 13.52.020 AND/OR RENDER THE PURPOSE
FOR IT MOOT.
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 September 7, 2004 by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
JOAN L. FLYNN, CITY CLERK
ORDINANCE NO. 3 6 6 2
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.86 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE.POWERS AND DUTIES OF THE LIBRARY DIRECTOR
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.86.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.86.040 Director--Powers and duties. The Director of Library Services shall be the
head of the Library Services Department, and shall be appointed by the City
Administrator, subject to approval by a majority vote of the City Council. The Director
shall have the following powers and duties:
(a) Plans, organizes, and administers programs and procedure governing library services
that are relevant to the present and future community needs.
(b) Reviews and approves materials, supplies, and capital outlay items for library system.
(c) Directs the preparation of the annual budget, administers the approved budget and
controls expenditures.
(d) Responsible for the selection and evaluation of employees in accordance with
established procedures.
(e) Meets and confers with the Library Board and with elected officials, city
administration, and other department heads.
(f) Directs the maintenance of the library, statistics, records and related reports.
(g) To the extent it encourages, fosters, promotes, and/or facilitates the objectives of the
department, provides assistance to: Library Patrons Foundation, Friends of the
Library, Friends of the Children's Library, Literacy Volunteers of America, and other
library related groups.
h Advises on the acquisition, design and construction of librar facilities.
q � . � y -
(i) Insures Library needs are met and maintained within established framework and
executes policy rules and regulations as established by the City Council.
(j) Preserve Library Bill of Rights by challenging censorship and affirming that all
libraries are forums for information and ideas, and that library resources be provided
for the interest, information and enlightenment of the people.
(k) Perform such other duties and have such other powers as the City Council may
establish hereafter by resolution.
Ord'ance No. 3662
(1) Administration and enforcement of Section 13.52.020 of the Huntington Beach
Municipal Code.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the.City of Huntington Beach at a
regular,meeting thereof held on the 7th day of September , 2004.
ATTEST: APPROVED AS TO FORM:
City Clerk � City Attorney
REVIEWED AND APPROVED: ITIATED AND APPROVED:
City Administrator City Attorney
Ord. No. 3662
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF.HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly appointed,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 six; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of August,2004, and was again read to said City
Council at a'regular meeting thereof held on the 7th day of September, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES;` Sullivan, Coe Hardy, Green, Boardman,Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,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 September 16,2004.
In accordance with the City Charter of said City
Joan L.Flynn. City Clerk ity Clerk and ex-offic Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ILA f�
Council/Agency Meeting Held: #o D Al
Deferred/Continued to:
19 Approved ❑ Conditionally Approved ❑ Denied be AIW7 Ci erk ign re
Council Meeting Date: 8/16/2004 Department ID Number: CA 04-16
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTIONs�w� o
C r7
SUBMITTED TO: .. HONORABLE MAYOR CITY COUNCIL MEMBERS )AA-
SUBMITTED BY: JENNIFER MCGRAT , City AttorneyAAX
PREPARED BY: JENNIFER MCGRAT , City Attorney cr :,
:r
SUBJECT: Adoption of Ordinance No. expanding the powers and
duties of the Library Director to include enforcement
EmeEssue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: Whether or not to adopt Ordinance No.3lokpD� entitled AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.86 OF
THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE POWERS AND
DUTIES OF THE LIBRARY DIRECTOR. This ordinance would give enforcement
powers/duties to the Library Director to issue administrative citations.
Funding Source: N/A
Recommended Action: Adopt Ordinance No.36(ol AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTER 2.86 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE LIBRARY
DIRECTOR.
Alternative Action(s): Do not adopt Ordinance No. 3�o(-u�
Analysis: On August 2, 2004, this Council was presented with Ordinance No. 3659 which
would regulate cell phone usage at the library. Cell phone use has become an increasing
problem at the library and.Ordinance No. 3659 would prohibit such use. It would also would
subject a cell phone user in violation of Ordinance No. 3659 to being issued an administrative
citation. In order to facilitate this process,, the Library Director should have the same
authority to issue administrative citations•as the Directors of Planning and Public Works. The
adoption of this ordinance would grant such authority to the Library Director. Absent this
authority, the Library Director would have to call upon an employee from an authorized
department to come to the library to issue the citation. This would impede enforcement of
HBMC Section 13.52.020 and/or render the purpose for it moot.
REQUEST FOR ACTION
MEETING DATE: 8/16/2004 DEPARTMENT ID NUMBER:CA 04-16
Environmental Status: N/A
Attachment(s):
City Clerk's
Page
rdinance No. An Ordinance Of The City Of Huntington
each Amending Chapter 2.86 Of The Huntington Beach
unicipal Code Relating To The Powers And Duties Of The
ibrary Director.
3
h
43
2. Legislative Draft of Chapter 2.86
G:\RCA\2004\04 library.doc -2- 8/9/2004 8:53 AM
ATTACHMENT NO . 1
ORDINANCE NO. 3 A2
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.86 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE POWERS AND DUTIES OF THE LIBRARY DIRECTOR
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.86.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.86.040 Director--Powers and duties. The Director of Library Services shall be the
head of the Library Services Department, and shall be appointed by the City
Administrator, subject to approval by a majority vote of the City Council. The Director
shall have the following powers and duties:
(a) Plans, organizes, and administers programs and procedure governing library services
that are relevant to the present and future community needs.
(b) Reviews and approves materials, supplies, and capital outlay items for library system.
(c) Directs the preparation of the annual budget, administers the approved budget and
controls expenditures.
(d) Responsible for the selection and evaluation of employees in accordance with
established procedures.
(e) Meets and confers with the Library Board and with elected officials, city
administration, and other department heads.
(fj Directs the maintenance of the library, statistics, records and related reports.
(g) To the extent it encourages, fosters, promotes, and/or facilitates the objectives of the
department, provides assistance to: Library Patrons Foundation, Friends of the
Library, Friends of the Children's Library, Literacy Volunteers of America, and other
library related groups.
(h) Advises on the acquisition, design and construction of.library facilities..
(i) Insures Library needs are met and maintained within established framework and
executes policy rules and regulations as established by the City Council.
0) Preserve Library Bill of Rights by challenging censorship and affirming that all
libraries are forums for information and ideas, and that library resources be provided
for the interest, information and enlightenment of the people.
(k) Perform such other duties and have such other powers as the City Council may
establish hereafter by resolution.
Ord ' -ance No. 3662
(1) Administration and enforcement of Section 13.52.020 of the Huntington Beach
Municipal Code.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 th day of September , 2004
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: 1}tITIATED AND APPROVED:
City Administrator City Attorney
Ord. No. 3662
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss;
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly appointed, 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 six; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of August, 2004, and was again read to said City
Council at a'regular meeting thereof held on the 7th day of September, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper, Hardy;Green, Boardman Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,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 September 16,2004.
In accordance with the City Charter of said City
Joan L.Flynn,Cily Clerk Jity Clerk and ex-offic Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO . 2
Ordinance No. �-
LEGISLATIVE DRAFT
Chapter 2.86
LIBRARY SERVICES DEPARTMENT
(3077-10/90)
Sections:
2.86.010 Establishment
2.86.020 Mission
2.86.030 Objectives
2.86.040 Director--Powers and duties
2.86.050 Appointment of subordinates
2.86.060 Fees and charges
2.86.070 Annual budget
2.86.080 Acceptance of gifts
2.86.010 Establishment. There is hereby established a Department of Library Services.
(3077-10/90)
2.86.020 Mission. The library assists in the educational development and cultural enrichment of
the citizens of the community by providing access to library facilities, materials and information
for the betterment of the community. (3077-10/90)
2.86.030 Objectives. The objectives of the Library Services Department shall be as follows:
(a) To provide and maintain library materials and service for the citizens of Huntington Beach
and its environs. (3077-10/90)
(b) To provide information and assistance to the Library Board and other civic groups relating to
the library. (3077-10/90)
(c) Acquire, circulate, maintain and secure library materials. (3077-10/90)
(d) Issue library cards, collect fees and fines, answer patrons inquiries. (3077-10/90)
(e) Develop comprehensive children's services and collections to encourage and promote reading
and education by children. (3077-10/90)
(f) Provide for recovery of overdue material. (3077-10/90)
(g) Inform in the use of the library and its resources and develop and maintain relevant material
collections by skilled, professional librarians. (3077-10/90)
(h) Utilize technology for efficient and effective circulation control and for staff and patron
applications. (3077-10/90)
(i) Circulate materials and provide library services in outlying areas through local library
branches. (3077-10/90)
(j) Recruit,train and supervise volunteers to assist in the library operation. (3077-10/90)
(k) Encourage and foster literacy. (3077-10/90)
2.86.040 Director--Powers and duties. The Director of Library Services shall be the head of the
Library Services Department, and shall be appointed by the City Administrator, subject to
approval by a majority vote of the City Council. The Director shall have the following pE)SefS
powers and duties: (3077-10/90)
Iegisdrf/mc0286/8/9/04 1
(a) Plans, organizes, a. administers programs and procedure g, crning library services that are
relevant to the present and future community needs. (3077-10/90)
(b) Reviews and approves materials, supplies, and capital outlay items for library system.
(3077-10/90)
(c) Directs the preparation of the annual budget, administers the approved budget and controls
expenditures. (3077-10/90)
(d) Responsible for the selection and evaluation of employees in accordance with established
procedures. (3077-10/90)
(e) Meets and confers with the Library Board and with elected officials, city administration, and
other department heads. (3077-10/90)
(f) Directs the maintenance of the library, statistics, records and related reports. (3077-10/90)
(g) To the extent it encourages, fosters, promotes, and/or facilitates the objectives of the
department, provides assistance to: Library Patrons Foundation, Friends of the Library,
Friends of the Children's Library, Literacy Volunteers of America, and other library related
groups. (3077-10/90)
(h) Advises on the acquisition, design and construction of library facilities. (3077-10/90)
(i) Insures Library needs are met and maintained within established framework and executes
policy rules and regulations as established by the City Council. (3077-10/90)
(j) Preserve Library Bill of Rights by challenging censorship and affirming that.all libraries are
forums for information and ideas, and that library resources be provided for the interest,
information and enlightenment of the people. (3077-10/90)
(k) Perform such other duties and have such other powers as the City Council may establish
hereafter by resolution. (3077-10/90)
(1) Administration and enforcement of Section 13.52.020 of the Huntington
Beach Municipal Code.
2.86.050 Appointment of subordinates. The Director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the Library
Services Department. (3077-10/90)
2.86.060 Fees and charges. The Director has authority to charge reasonable fees for use of
department services, materials and city facilities to help defray public expense when such fees are
established by resolution of the City Council. (3077-10/90)
2.86.070 Annual Budget. The City Council shall annually establish a Library Services budget.
(3077-10/90)
2.86.080 Acceptance of gifts. The Department may accept all gifts, devices, legacies or bequests
from any source, public or private in the name of the city, subject to the approval of the City
Council. All monies so obtained by the department shall be deposited by the Director or his duly
authorized subordinate in the general fund of the treasury of the city or in any special fund the
City Council may designate. (3077-10/90)
10/90
Iegisdrft/mc0286/8/6/04 2
CA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Aoption of Ordinance No..?aC.7 An Ordinance of the
City of Huntington Beach Amending Chapter 2.86 OF
THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE POWERS AND DUTIES OF THE
LIBRARY DIRECTOR.
COUNCIL MEETING DATE: 8/16/04
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Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Appiicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable ❑
(Signed in full by the City Attorney)
Subleases, Third Party Agreements, etc. Attached ❑Not Applicable ❑
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the CityAttorne Attached El
pproved y y) Not Applicable ❑
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑
Bonds (If applicable) Attached ElNot Ap licable ❑
❑
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 ❑
Findin
g pp Not Applicable `❑
.; E�XPI ANATIONr"FOR:(VIISSING'ATTACHMENTS
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.����������;�;,���������� �:. RETURNED;.; �EFO"R ARD;ED.
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Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION.:F , ,....r�...
OR�RETURN .OF ITEM 53
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REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
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Department: City Subject Adopt ordinance authorizing
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Council Meeting Date- Date of This Request: 8/9/04
4
8/16/04
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REASON (Why is this RCA being submitted late?): This RCA includes a new ordinance which was
requested by City Council at the 8/2/04 meeting. Preparation of ordinance, legislative draft and RCA
required the additional time.
A
EXPLANATION (Why is this RCA necessary to this agenda?): This is at City Council's direction to
return to them at the next meeting which would be 8/16/04 with the ordinance which accompanies the
411
RCA.
"� "'k
0,
CONSEQUENCES (How shall delay of this RCA adversely impact the City?): delay in the time the
ordinance which accompanies the RCA becomes effective
71 Signature: Approved 0 Denied
Department Head Penelope th-Graft
City Administrator
'A Kj
DocumenU 07/14/94