HomeMy WebLinkAboutOrdinance 3807 Amend Title 2 of the Huntington Beach Municip 08/25/08 MON 15:10 FAX 949 646 5008 DAILY PILOT—LGL DEPT Q 001
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen, years, and not a CITY OF HUNTINGTON
party to or interested in 1the below entitled BEACH
LEGAL NOTICE
matter. I am a principal clerk of the ORDINANCE NO.3807
Adopted by the City Coundl
HUNTINGTON BEACH INDEPENDENT, on JULY 21,2008
"AN ORDINANCE OF THE
a newspaper of general circulation, CITY OF HUNTINGTON
TITLE 2
printed and published In the City of OFACTHE AMENDING THE
BEACH MUNICIPAL CODE
Huntington Beach, County of Orange, RELATING TO ADMINIS-
TRATION AND PERSONNEL"
State of California, and that attached SYNOPSIS.
MINOR CHANGES ARE
BEING MADE TO TITLE 2
Notice Is a true and complete copy as TO ADD CONSISTENCY IN
THE MANNER IN WHICH
was printed and published in the DIRECTORS OF DIFFER-
ENT DEPARTMENTS ARE
Huntington Beach issue of said MENTIONED. THE
CHANGE TO SECTION
newspaper to wit the Issue(s) of: FI-
NANCE DIRECTOR TO FROM TO
ANCE
DIRECTOR OF FINANCE
TO MAKE IT CONSISTENT
WITH THE DESIGNATION
OF DIRECTORS IN OTHER
CHARTERS.SECTION 2.24
Jut3� 2008 AND 2.52 CHANGE THE
y DESIGNATION
f POLICE
CHIEF
OF POLICE
CHIEF.
PASSED AND ADOPTED
by the C;ty Council of
the City of Huntington
Beach at a regular
meeting held July 21,
2008 by the following roll
Call vote:
declare under penalty, of perjury, that AYES: Hansen, Bohr,
Cook, Coerper, Green,
p ty p j ry, Carchio
the foregoing is true and correct. NOES:None
ABSTAIN:None
ABSENT:Hardy
THE FULL TEXT OF THE
ORDINANCE IS AVAIL-
ABLE IN THE CITY
Executed on August 25, 2008 CLERK'S OFFICE.
This ordinance is effec.
at Costa Mesa, California. tive 30 days after
adoption.
CITY OF
HUNTINGTON BEACH
MAIN STREET
�.• —
HUNTOINGTON BEACH
lc�
CA 92648
714-536-5227
Signature JOAN L.FLYNN,
CITY CLERK
Published Huntington
Beach Independent July
31,2009 075.725
Council/Agency Meeting Held:- - c�ODC1
Deferred/Continued to: 1-7.nnyDen�
ppr v� ❑ Conditiona117Approved ❑ Denied t Cle 's Sig a ure
Council Meeting Date: July 7 , 2008 Departm t ID Number: CA 08-08
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBMITTED BY: JENNIFER McGRATHy Attorney
PREPARED BY: JENNIFER McGRAT41nty Attorney
SUBJECT: ADOPTION OF ORDINANCE NO.3807 AMENDING TITLE 2 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
ADMINISTRATION AND PERSONNEL
Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: From time to time, minor changes and modifications are suggested for
various Municipal Code Sections to address issues which have arisen. Minor changes are
proposed to Title 2 to add consistency in the manner in which Directors of different
departments are mentioned. The change to Section 2.15.030 is from Finance Director to
Director of Finance to make it consistent with the designation of Directors in other charters.
Section 2.24 and 2.52 change the designation of Chief of Police to Police Chief.
Funding Source: N/A
Recommended Action: Motion to: adopt Ordinance No.3807, An Ordinance of the City
of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code
Relating to Administration and Personnel.
Alternative Action(s): Do not adopt Ordinance No. 3807
08-1605/23221
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/7/2008 DEPARTMENT ID NUMBER: CA 08-08
Analysis: Minor changes are suggested to several Municipal Code Sections which simply
make for a uniform designation of Department Director for greater consistency throughout
Title 2. Those changes are:
Chapter 2.15 Finance Department. The only change is from Finance Director to
Director of Finance.
Chapter 2.24 Police Chief. The only change is from Chief of Police to Police Chief.
Chapter 2.52 Police Department. The only change is from Chief of Police to Police
Chief.
Strategic Plan Goal: 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):
Page,Cif Neek's
yc
a ® 0'e(stription-
1. Ordinance No. 3807 Amending Title 2 of the Huntington Beach
Municipal Code Relating to Administration and Personnel
2. Legislative Drafts of Chapters 2.15, 2.24, 2.52
-2- 6/11/2008 3:28 PM
ATTACHM ENT
# 1
ORDINANCE NO. 3807
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO ADMINISTRATION AND PERSONNEL
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.15.030 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.15.030 Director-Powers and duties. The Director of Finance 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:
SECTION 2. Section 2.24.010 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.24.010 Powers-Duties. The Police Chief shall have charge of the Police Department
of the city, and it shall be his duty to preserve the peace.
SECTION 3. Section 2.52.040 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.52.040 Officers--Daily reports. All subordinate police officers shall report to the
Police Chief each day, as to events occurring while such officers are on duty and all other information
pertaining to general police regulations in the City which come to their notice.
SECTION 4. Section 2.52.060 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.52.060 Officers--Promotions. Those eligible to advancement to the next
higher classification shall be promoted only upon recommendation of the Police Chief, and
thereafter shall receive the salary provided for said classification. (216-6/21, 416-8/38)
SECTION 5. Section 2.52.070 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.52.070 Officers--Discipline. All police officers shall at all times be subject to the
orders of the Police Chief, and shall be subject to call by the Police Chief at any time during the day or
night.
SECTION 6. Section 2.52.080 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
2.52.080 Officer--Action upon derelictions. The Police Chief shall report to the
Council or to the mayor, in writing without delay any dereliction of duty or misbehavior of any police
08-1605/22714 1
Ordinance No. 3807
SECTION 6. Section 2.52.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.52.080 Officer--Action upon derelictions. The Police Chief shall report to
the Council or to the mayor, in writing without delay any dereliction of duty or misbehavior
of any police officer, and shall attend upon any and all investigations that may be held by the
Council touching the conduct of any police officer.
SECTION 7. Section 2.52.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.52.090 Reserve police force--Established. There is established in the
Police Department, a reserve police force. The reserve police force shall be a volunteer
organization composed of qualified members who shall be subject to all applicable
regulations and orders that are issued to the regular police officers of the department. The
members of the reserve force may be called to active duty for the City at the discretion of the
Police Chief.
SECTION 8. Section 2.52.110 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.52.110 Reserve police force--Training. Before being appointed as a
member of the reserve police force, the recruit shall satisfactorily pass such training
requirements as may be prescribed by the Council by resolution or by directive of the Police
Chief. The recruit shall at all times during said probationary period, when called to duty, be
under the direct control and supervision of a police officer.
SECTION 9. Section 2.52.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.52.120 Reserve police force--Rules and regulations. The City Council
shall provide by resolution such further rules and regulations governing the reserve police
force as it may deem necessary and all recruits and reserve police personnel shall be subject
thereto and to such other and further rules, regulations and orders as may be prescribed by the
Police Chief.
SECTION 10. Section 2.52.130 of the Huntington Beach Municipal Code is hereby
deleted in its entirety.
SECTION 11. This ordinance shall become effective 30 days after its adoption.
08-1605/22714 2
Ordinance No. 3807
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s t day of July , 2008.
m
Mayor
ATTEST: A��PPROVED AS TO FORM:
9"-M) 0�- jj-x� ,
�" (�
City Clerk Cit Attorney
REV ED AND APPROVED: INITIATED AND APPROVED:
e City Administrator ity Attorney
`tom"
08-1605/22714 3
Ord. No. 3807
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 July 7,2008, and was again read to said City Council at a
regular meeting thereof held on July 21, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Bohr, Cook, Coerper, Green, Carchio
NOES: None,
ABSENT: Hardy
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 July 3 L,2008.
In accordance with the City Charter of said City 40,61t)
Joan L. Flynn, City Clerk Ci Clerk and ex-officio Merk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #
2
LEGISLATIVE DRAFT
Chapter 2.15
FINANCE DEPARTMENT
(3752-11/06)
Sections:
2.15.010 Establishment
2.15.020 Objectives
2.15.030 Director--Powers and duties
2.15.040 Appointment of subordinates
2.15.050 Publish Financial Summary
2.15.010 Establishment. There is hereby established a Finance Department which shall
include the staff functions of finance, and purchasing.
2.15.020 Objectives. The objectives of the department shall be to establish, facilitate and
maintain support to City operating departments.
2.15.030 Director-Powers and duties. The Finanee Director of Finance 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) Direct,plan, organize and coordinate programs and activities of the Finance 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 control of all expenditures to insure that budget appropriations
are not exceeded;
(d) Manage the business license functions including the issuance of permits.
(e) 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.
(f) Administration and enforcement of appropriate sections of Title 5 of the Huntington
Beach Municipal Code relating to business licensing.
(g) Administer and enforce all Municipal Code regulations including but not limited to:
(1) Huntington Beach Municipal Code Licensing Procedures
(Chapter 5.08)
(2) Huntington Beach Municipal Code Natural Resource Production
(Chapter 5.32)
(3) Transient Occupancy Tax
(Chapter 3.28)
(4) Late Charges
(Chapter 3.48)
Huntington Beach Murricipal Code Chapter 2.15 Page I of 2
(5) Service Connections
(Chapter 14.08)
(6) Fees, Rates and Deposits
(Chapter 14.12)
2.15.040 Appointment of subordinates. The Director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the
Finance Department.
2.15.050 Financial and Accounting Duties of City Clerk Transferred. In accordance with
Government Code sections 37209 and 40805.5, the financial and accounting duties imposed upon
the City Clerk by Government Code sections 40802 through 40805 are hereby transferred to the
Director of Finance.
Huntington Beach Municipal Code Chapter 2.15 Page 2 of 2
LEGISLATIVE DRAFT
Chapter 2.24
POLICE CHIEF
(15-5/09, 403-9/37, 1248-10/66)
Sections:
2.24.010 Powers--Duties
2.24.020 Powers, immunities of Sheriff
2.24.030 Reports
2.24.040 Responsible for jail and prisoners
2.24.050 Other required acts
2.24.010 Powers--Duties. The Chief e€Police Chief shall have charge of the Police
Department of the city, and it shall be his duty to preserve the peace. (15-5/09,403-9/37)
2.24.020 Powers, immunities of Sheriff. The Police Chief shall have the same powers that are
now or may hereafter be conferred on Sheriffs by laws of the state, and shall be entitled to the
same protection. (15-5/09)
2.24.030 Reports. The Police Chief shall make monthly and annual reports,to the Council on
the work of the Police Department. (1248-10/66)
2.24.040 Responsible for jail and prisoners. The Police Chief shall have charge of the City
Jail and prisoners. (15-5/09)
2.24.050 Other required acts. The Police Chief shall perform such other acts as the laws of the
state and ordinances of the Council may require. (15-5/09)
10/66
LEGISLATIVE DRAFT
Chapter 2.52
POLICE DEPARTMENT
(216-6/21,416-8/38,639-1/56,661-6/57, 1949-1/75, 3089-2/91)
Sections:
2.52.010 Established
2.52.020 Authority to arrest
2.52.030 Duty to enforce laws
2.52.040 Officers--Daily reports
2.52.050 False reports
2.52.060 Officers--Promotions
2.52.070 Officers--Discipline
2.52.080 Officer--Action upon derelictions
2.52.090 Reserve police force--Established
2.52.100 Reserve police force--Eligibility
2.52.110 Reserve police force--Training
2.52.120 Reserve police force--Rules and regulations
2.52.140 Repealed, Ord. 1979-6/75
2.52.010 Established. A Police Department is established in this City. (216-7/21)
2.52.020 Authority to arrest. Each and every member of the Police Department is authorized
to make arrests and detain prisoners in all cases where a peace officer is so authorized under the
law of the state. (216-7/21)
2.52.030 Duty to enforce flaws. It shall be the duty of each and every member of the Police
Department to enforce impartially all the laws and statutes of the United States and of the state of
California and all of the ordinances of this City, within the limits of this City, and to perform
such other and further duties as by statute and ordinance now existing or hereafter enacted, may
be imposed upon them in their capacity as peace officers. (216-7/21, 1949-1/75, 3089-2/91)
2.52.040 Officers--Daily reports. All subordinate police officers shall report to the Chief ef
Police Chili each day, as to events occurring while such officers are on duty and all other
information pertaining to general police regulations in the City which come to their notice. (216-
7/21)
2.52.050 False reports. It is unlawful for any person wilfully to make to the Police
Department, or any officer in the department, any false, misleading or unfounded report for the
purpose of interfering with the operation of said department or for the purpose of inducing or
causing to be issued a complaint or indictment against any person, firm or corporation. (639-1/56)
2.52.060 Officers--Promotions. Those eligible to advancement to the next higher classification
shall be promoted only upon recommendation of the Chief a€Police Chief, and thereafter shall
receive the salary provided for said classification. (216-6/21,416-8/38)
2.52.070 Officers--Discipline. All police officers shall at all times be subject to the orders of
the Police Chief, and shall be subject to call by the Police at any time during the day or
night. (216-6/21)
2.52.080 Officer--Action upon derelictions. The Police Chief shall report to the
Council or to the mayor, in writing without delay any dereliction of duty or misbehavior of any
police officer, and shall attend upon any and all investigations that may be held by the Council
touching the conduct of any police officer. (216-6/21)2/912.52.090--2.52.140
Huntington Beach Municipal Code
22712
2.52.090 Reserve police force--Established. There is established in the Police Department, a
reserve police force. The reserve police force shall be a volunteer organization composed of
qualified members who shall be subject to all applicable regulations and orders that are issued to
the regular police officers of the department. The members of the reserve force may be called to
active duty for the City at the discretion of the Police Chief. (661-6/57)
2.52.100 Reserve police force--Eligibility. Members of the reserve police force shall be
between the ages of twenty-one (21) years and fifty (50) years, residents of the City, shall be of
good character and shall have no physical disabilities. (661-6/57)
2.52.110 Reserve police force--Training. Before being appointed as a member of the reserve
police force,the recruit shall satisfactorily pass such training requirements as may be prescribed
by the Council by resolution or by directive of the Police Chief. The recruit shall at all
times during said probationary period, when called to duty, be under the direct control and
supervision of a police officer. (661-6/57)
2.52.120 Reserve police force--Rules and regulations. The City Council shall provide by
resolution such further rules and regulations governing the reserve police force as it may deem
necessary and all recruits and reserve police personnel shall be subject thereto and to such other
and further rules, regulations and orders as may be prescribed by the Police Chief.
(661-6/57)
2.52.130 ReseFve i3otiee for-ee Rester-. The Chief E)f PE)Iiee shall notify the City Gler-k upo
: a4 l keep to f all o its +; +,e and „de stft e . (661-6/57)
�uuai a�vv u rvs
22712
RCA ROUTING TIN SHEET
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: ADOPTION OF ORDINANCE NO. AMENDING TITLE
2 OF THE HBMC RELATING TO ADMINISTRATION AND
PERSONNEL
COUNCIL MEETING DATE: July 7, 2008
RCA ATTACHMENTS STATUS
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 Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSINGATTACHMENTS
REVIEWED RETURNED FOR` ARDE'D
Administrative Staff ( ) )
Deputy City Administrator (Initial)
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
01.ow Sppaoo
RCA Author: JM:DKO