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Home My WebLink AboutAMENDMENT TO GRAFFITI REWARD PROGRAM - H-ITEM JULY 16, 2007 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. COUNTY OF ORANGE ) F HUNTINGTON!O I am the Citizen of the United States and a � CITY BEACH resident of the County aforesaid; I am over LEGAL NOTICE the age of eighteen years, and not a party ORDINANCE NO.3777 to or interested in the below entitled matter. Adopted by the City CWIKII on SEPTEM6ER 4,2007 am a principal clerk of the HUNTINGTON "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH INDEPENDENT, a newspaper of BEACH AMENDING, CHAPTER 17.10,OF THE general circulation, printed and published in HUNTINGTON BEACH MUNICIPAL• CODE RE- the City of Huntington Beach, County of LATING TO NUISANCE/ GRAFFITI Orange, State of California, and the SYNOPSIS SUBSEQUENT TO THEI attached Notice is a true and complete copy ADOPTION OF ORDI-. NANCE NO. 3765 WHICH I as was printed and published on the ESTABLISHED A GRAFFI-'. TI REWARD PROGRAM, following date(s): STAFF ENCOUNTERED; SITUATIONS WHICH RE-i STRICTED CITIZENS' FROM COLLECTING THE GRAFFITI REWARD BE-! CAUSE OF THE WORD-! ING.OF THE ORDINANCE. IN ADDITION,LANGUAGE NEEDED TO BE ADDED TO SECTION 17.10.080 TO RESTRICT MULTIPLE SEPTEMBER 1 3, 2007 COLLECTIONS OF RE _WARDS BASED ON ONE INCIDENT OF GRAFFITI APPLICATION. THIS RE- VISION TO SECTION 17.10-080 REFINES THE REWARD GUIDELINES AND CRITERIA. THE FULL TEXT OF''THE ORDINANCE IS 'AVAIL- ABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED declare, under enalt of u , that the by the city Council of p Y p er 1 rY the city of Huntington foregoing is true and correct. Beam at .a regular meeting held September' 4, 2007 by the'following roll call vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Executed on SEPTEMBER 1 3, 2007 Hansen,Hardy NOES:None at Huntington Beach� California ABSTAIN:Nne ABSENT:None This ordinance is effec- tive 30 days after adop- tion. . CITY OF'. HUNTINGTON,BEEET XH 2000 MAIN STREET Signature HUNTINGTON 926 8BEACH, 1 714-536-5227 JOAN L'FLYNN, CITY CLERK Published Huntington i Beach Independent Sep-! tember 13,2007 092-820; e CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor Pro Tern and City Council Members From: Gil Coerper, Mayor Keith Bohr, City Council Member j/' Date: July 9, 2007 Subject: H-ITEM FOR JULY 16, 2007, CITY COUNCIL MEETING— AMENDMENT TO GRAFFITI REWARD PROGRAM STATEMENT OF ISSUE: On March 19, 2007, the City Council adopted Ordinance No. 3765 amending Chapter 17.10 of the Huntington Beach Municipal Code and establishing a reward for information leading to the identification, apprehension and conviction of any person who applies graffiti within the city. Resolution No. 2007-16 established the amount of the reward as $500.00. After reviewing the implementation of the reward program, it came to our attention that requiring a "conviction" before a reward can be issued may not be in the best interest of the program or of the city. Many times persons arrested for graffiti crimes in Huntington Beach are minors, and minors are often sent to a diversion program instead of being referred to the Juvenile Justice System. In these cases, there is no "conviction" and the reward cannot be issued. The following incident illustrates our concern with requiring a conviction. On April 25, a Huntington Beach resident observed three minors engaged in an act of graffiti. The resident contacted the police department and reported the crime. Police officers responded and detained the minors. Although the resident was no longer in the area where the observation was made, the resident returned to the area at the request of police officers and was able to identify the minors. Three minors engaged in an act of graffiti were identified and apprehended based on the observation of this resident. However, the resident was not eligible for the reward program because these minors were not referred to the Juvenile Justice System and were not "convicted." RECOMMENDED ACTION: We believe it was the City Council's intent that a reward should be issued for incidents like the one described. Therefore, we make a motion to: 1. Direct staff to prepare on ordinance amending Chapter 17.10 of the Huntington Beach Municipal Code to read, "The City Council may provide a reward, by resolution, for information leading to the identification and apprehension of any person who applies graffiti within the City. In cases where multiple persons are identified and apprehended, based on a single graffiti incident, only one reward is authorized." 7 //�/W07— o� � --0 - 13 H-ITEM—AMENDMENT TO GRAFFITI REWARD PROGRAM RECOMMENDED ACTION (Continued) July 9, 2007 2. Direct staff to issue a reward to any resident who reported information to the police department resulting in the identification and apprehension of any person who applied graffiti within the city between the effective date of Ordinance No. 3765 and the enactment of the ordinance mentioned above. xc: Penny Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Ken Small, Chief of Police Council/Agency Meeting Held: ao po Deferred/Continued to: 0 Approved ❑ Conditionally Approved ❑ Denied Ci erk' Sig a re Council Meeting Date: 8/20/2007 Department ID Number: CA-07-31 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mlaypf and City Council Members SUBMITTED BY: Jennifer McGra ity Attorney PREPARED BY: Jennifer McG , ity Attorney SUBJECT: Adoption of Ordinance No" o 3777 Amending Chapter 17.10 of the Huntington Beach Municipal Code Relating to Graffiti Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: At the July 16, 2007 Council meeting, City Council directed staff to prepare an ordinance amending Section 17.10.080 to broaden the scope of collection of a reward by citizens who witness and report the application of graffiti. Funding Source: No funds required. Recommended Action: Motion to: adopt Ordinance No. 3777 An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the Huntington Beach Municipal Code Relating to Nuisance / Graffiti. Alternative Action(s): Do not adopt Ordinance No. 3777 Analysis: Subsequent to the adoption of Ordinance No. 3765 which established a graffiti reward program, staff encountered situations which restricted citizens from collecting the graffiti reward because of the wording of the ordinance. In addition, language needed to be added to Section 17.10.080 to restrict multiple collections of rewards based on one incident of graffiti application. This revision to Section 17.10.080 refines the reward guidelines and criteria. r REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: CA-07-31 Strategic Plan Goal: Increase community involvement, dialogue, and outreach by educating residents about opportunities for involvement such as how to donate to projects;volunteer, access information, and offer opinions through the website and other means. Environmental Status: N/A Attachment(s): City Clerk's • - Number No. Description 1. An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the Huntington Beach Municipal Code Relating to Nuisance / Graffiti. No. 3777 2. Legislative Draft of Section 17.10.080. -2- 7/23/2007 3:45 PM • • • ATTACHMENT # 1 ORDINANCE NO. 3777 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO NUISANCE/GRAFFITI The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 17.10 of the Huntington Beach Municipal Code is hereby amended to add section 17.10.080, said section to read as follows: 17.10.080 Reward: The City Council may provide a reward, by resolution, for information leading to the identification and apprehension of any person who applies graffiti within the City. In cases where multiple persons are identified and apprehended, based on a single graffiti incident, only one reward is authorized. 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 4th day of September , 2001__. M ATTEST: APPROVED AS TO FORM: Q04 City Clerk City ttorney ��ti31ot REVIEWED AND APPROVED: L4"'" (�-4 1NITIA ED AND APPROVED: City Idministrator rv� Cit��+ ey 07-825/12549 Ord. No. 3777 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 20th day of August,2007, and was again read to said City Council at a regular meeting thereof held on the 4th day of September,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 September 13,2007. In accordance with the City Charter of said City Joan L. Flynn,Cily Clerk Ci lerk and ex-officio rk Deputy Cite Clerk of the City Council of the City of Huntington Beach, California ATRMITT NTNO . 2 ORDINANCE NO. 3777 LEGISLATIVE DRAFT 17.10.080 Reward: The City Council may provide a reward, by resolution, for information leading to the identification and eenviefie apprehension of any person who applies graffiti within the City. In cases where multiple persons are identified and apprehended, based on a single graffiti incident, only one reward is authorized. 12567 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adoption of Ordinance No. Amending Chapter 17.10 COUNCIL MEETING DATE: August 20, 2007 y. 10 AT MI""F ATE .. 17 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 Ap licable ❑ 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 Attorne ) 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 Ap licable ❑ 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 ❑ y .E PLANA `t o � 1': #1 RETN DiN PAh DF "ZIP.., r Administrative Staff ) Deputy City Administrator (initial) City Administrator Initial ) City Clerk ( ) EXPLAIATtfN FAR RETUI+I OF� '� k � (Below • . For Only) RCA Author: kc/12250