HomeMy WebLinkAboutApprove for introduction Ordinance No. 4105 amending Section Dept. ID CA 16-004 Page 1 of 2
Meeting Date: 9/6/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/6/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
SUBJECT: Approve for introduction Ordinance No. 4105 amending Section 2.76.010 of the
Huntington Beach Municipal Code (HBMC) to add Deputy Community
Prosecutor; and authorize Employment Contract
Statement of Issue:
Hiring a Deputy Community Prosecutor.
Financial Impact:
Estimated $100,000.00 annual salary plus benefits; estimated total budgetary impact is
$145,000.00.
Recommended Action:
A) Approve for introduction Ordinance No. 4105, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions from Competitive Service;" and,
B) Authorize the City Attorney to prepare and execute on behalf of the City an employment
contract with the prospective Community Prosecutor, following 2016-2017 Budget approval.
Alternative Action(s):
Do not approve for introduction Ordinance No. 4105, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions from Competitive Service."
Analysis:
One of the most effective ways to increase public safety, without placing additional burdens on the
police department, is for the City to prosecute the City's crimes. The police are on the front lines of
effecting public safety—working to prevent crime and making arrests when crimes are committed.
However, presently after arrests are made, when misdemeanors are referred to the County, the
District Attorney is not able to prosecute every one of those referrals. In fact, since the District
Attorney is charged with prosecuting all of the County's misdemeanors and felonies (except for
Anaheim's), the District Attorney is required to prioritize those to be prosecuted. The District
Attorney simply does not have the resources to prosecute all of the crimes referred to its Office.
Employing a Community Prosecutor would allow the City of Huntington Beach to ensure that certain
misdemeanors are prosecuted through to the end, and prosecuted effectively. The City had 5,675
arrests last year (both misdemeanor and felony); approximately 80% were misdemeanors.
Item 21 . - 1 xB -778-
Dept. ID CA 16-004 Page 2 of 2
Meeting Date:9/6/2016
A Community Prosecutor would significantly help identify types of criminal offenses and solutions
for issues that are of priority for our local residents. For example, if the City is having a particular
problem with alcohol downtown, a Community Prosecutor would be part of meeting with
stakeholders in the community, along with the police department, to help develop comprehensive
strategies to increase public safety.
Hiring one prosecutor, the City Attorney's Office, in conjunction with the review of the Police Chief
(or his designee), would be able to retain certain misdemeanors for prosecution, while the other
misdemeanors are referred to the District Attorney's Office as usual.
This selective retention would allow the City to focus on the arrest and prosecution of certain crimes
that have surged, such as property crimes, crimes committed by homeless, intoxication related
crimes, etc., which would send a signal to the community in Huntington Beach of law enforcement's
zero tolerance and increased public safety efforts to reduce certain crimes that have surged.
On August 15, 2016, the City Council received and filed the MOU entered into by Orange County
District Attorney Tony Rackauckas and City Attorney Michael Gates to provide County level
authority to prosecute crimes locally.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Ordinance No. 4105, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions from Competitive Service"
HB -779- Item 21. - 2
ORDINANCE NO. 4105
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 2.76.010 THEREOF RELATED TO
EXCLUSIONS FROM COMPETITIVE SERVICE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 2.76.010 of the Huntington Beach Municipal Code entitled
"Exclusions From Competitive Service" is hereby amended to read as follows:
2.76.010 Exclusions From Competitive Service
Pursuant to Section 403 of the City Charter, it is declared that all
departments and appointive officers and employees of the City are
included within the personnel system and the competitive service except:
A. Elective officers;
B. City Manager;
C. Assistant City Manager;
D. Members of appointive boards, commissions and committees;
E. Persons engaged under contract to supply expert, professional,
technical or other services;
F. Emergency employees who are hired to meet the immediate
requirements of the emergency;
G. Employees who are employed to work a regular schedule of less
than 1040 hours in any fiscal year;
H. Temporary employees;
I. Appointive department heads;
J. Appointive Deputy City Treasurer;
K. Ambulance operators;
L. Chief Assistant City Attorney; and
M. Deputy Community Prosecutor.
1
RLS 7/15/16/16-5359/140197/PD
ORDINANCE NO. 4105
SECTION 2. 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 S r/7 '2016.
Ma o
ATTEST: APPROVED AS FORM•
7�
City Clerk ity torney
REVIE D APPROVED: I ITIATED AN P ROVED:
Cit an er C,
ttorney
2
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�I
Ord. No. 4105
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 6, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 19, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Robin Estanislau,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
Wave on September 29,2016.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy Citv Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4105
LEGISLATIVE DRAFT
2.76.010 Exclusions From Competitive Service
Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive
officers and employees of the City are included within the personnel system and the competitive
service except:
A. Elective officers;
B. City Manager;
C. Assistant City Manager;
D. Members of appointive boards, commissions and committees;
E. Persons engaged under contract to supply expert, professional, technical or other services;
F. Emergency employees who are hired to meet the immediate requirements of the emergency;
G. Employees who are employed to work a regular schedule of less than 1040 hours in any
fiscal year;
H. Temporary employees;
I. Appointive department heads;
J. Appointive Deputy City Treasurer;
K. Ambulance operators;
L. Chief Assistant City Attorney.-; and
M. Deputy Community Prosecutor.
3
RLS 7/15/16/16-5359/140197/PD
Esparza, Patty
From: Dombo, Johanna
Sent: Friday, September 02, 2016 8:19 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda Item 21 - September 6, 2016 City Council Meeting
AGENDA COMMENT
From: Kim Kramer [mailto:kim@e-mailcom.com]
Sent: Friday, September 02, 2016 6:21 AM
To: CITY COUNCIL
Cc: Gates, Michael; Wilson, Fred; Handy, Robert
Subject:Agenda Item 21-September 6, 2016 City Council Meeting
Dear City Council,
I am writing in support of agenda item 21 which is the next step in creating a Community Prosecutor position
for the City of Huntington Beach. And once again, I wish to express my appreciation to City Attorney Michael
Gates for taking this proactive approach in dealing with misdemeanor crimes in our City. As a downtown
resident, I have seen first hand how these types of crimes have negatively and seriously impacted the downtown
economy and our residential quality of life. I urge you to vote YES on agenda item 21 and let's continue to
move forward as quickly as possible to establish a Community Prosecutor position for the City of Huntington
Beach.
Thank you,
SUPPLEMENTAL
Kim Kramer COMMUNICATION
Sent from my iPad
mee"Dow:-
Agenda bm NO.•+,
• 1 .
City of Huntington Beach
September 6, 2016
COMMUNITY PROSECUTOR
AGENDA ITEM #21
History on Plan for Prosecutor
Orange County District Attorney
Charged with Prosecuting Felony and
Misdemeanor referrals from City of
Huntington Beach
• 1 .
History on Plan for Prosecutor
Passage of Prop 47 and State's
early Release from Incarceration
Program
Increase in number of Misdemeanors
that were formerly Felonies
Certain key Misdemeanors recurring
throughout City, downtown area
Move to Increase Public Safety
Key Crimes in City of Huntington Beach
Property crimes,
Public intoxication,
Theft,
Fraud,
Shoplifting,
Drug possession,
Trespassing,
Urinating in Public, etc.
• 1 .
The Call for a Community Prosecutor
Huntington Beach City Charter, Section 309
"The City Attorney also prosecutes... violation[s] of the
provisions of the City Charter or Huntington Beach
Municipal Code, and such State misdemeanors as the
City has the power to prosecute."
CA Government Code, Section 41803.5(a):
"With the consent of the district attorney... the city
attorney of any general law city or chartered city
within the county may prosecute any misdemeanor
committed within the city arising out of violation of
state law."
The Call for a Community Prosecutor
OCDA, Tony Rackauckas Provided Authority
In accordance with the provisions of Government
Code Sections 41803.5 and 72193, and Section
309 of the Huntington Beach City Charter, the
OCDA hereby consents to the prosecution by the
Huntington Beach City Attorney of the following:
any misdemeanor crimes arising out of violations
of California State law that are committed within
the City of Huntington Beach.
• 1 .
The Plan
To add a Community Prosecutor to the City
Attorney's Office
Full-time, In-House, At-Will, Contract
Position
Estimated $100,000/annum salary, with
$145,000 estimated budget impact
Handle rolling average of 50-100 criminal
cases, civil nuisance/fraud cases
Remaining Steps in Process for Council
Adopt Budget, which includes the funding
for Community Prosecutor in the City
Attorney's Office
Adopt Ordinance to create the "Community
Prosecutor" position
Delegate Authority to Negotiate/Execute
Employment Contract for Prosecutor
Questions?