HomeMy WebLinkAboutOrdinance No. 3375 - Revision of Professional Services Ordin (2)f/ -
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Approved CI Conditionally A p rJ v d• Denied #0*" City Cler s Signature
Council Meeting Date: October 6, 1997 Department ID Number: AS 97-041
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CITY OF HUNTINGTON BEACH A ate .
REQUEST FOR COUNCIL ACTION 44/1,....4- pu„ ,
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
moo. 33.75
SUBJECT: REVISION OF PROFESSIONAL SERVICE ORDINAN E
I Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
sir/
Statement of Issue: It has been almost 10 years since the City's professional services ordinance
monetary limits have been reviewed and changed. Some of the provisions in this ordinance date
back 21 years. The growth of our city and increased utilization of professional services has
prompted a review of the existing system.
Recommended Action: Motion to:
1.Introduce Ordinance -increasing monetary limit from $10,000 to $20,000
before City Council action is requested on budgeted Professional Services.
2.Request the City Attorney to develop a pre-approved standard form contract for
professional services (not to exceed $20,000).
Analysis: Considering the downsizing of the city organization and current economic climate, the
City is utilizing consultants as a cost effective method for securing services. However, the existing
process for obtaining professional services is time consuming and costly. The City's monetary
limits for administrative approval of professional service contracts are below government average.
Turnaround time for such contracts is generally 2-3 weeks for approval to form. By raising our
monetary limits and developing a pre-approved contract, our procedures would be more
expeditious, reduce work load and still maintain the safeguards to ensure budget control.
The following cities are shown with their monetary limits for professional services before City
Council action is required on budgeted services.
Anaheim 20,000.
Brea 25,000.
Buena Park No limits I
Fullerton No limits I
Orange 30,000.
San Clemente 10,000.
D
R'LEQUEST FOR COUNCIL AC 1 IJN
MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: AS 97-041
Attachment(s):
City Clerk's
Page Number No. Description
1 Chart showing mandatory dollar threshold (provided by Center for
Advance Purchasing Studies) in 1993.
2 Revised HBMC Chapter 3.03 Professional Services 6 """--)‘71", 3 375
3 Legislative Draft Chapter 3.02 Professional Services
RCA Author: goldstein
0027597.01 2- 09/05/97 9:25 AM
ATTACHMENT # 1
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ATTACHMENT #2
ORDINANCE NO.3375
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.03 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE PROCUREMENT OF PROFESSIONAL SERVICES
WHEREAS there is a need to amend Chapter 3.03 of the Huntington Beach Municipal Code;
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 3.03 of the Huntington Beach Municipal Code is hereby
amended by amending Section 3.03.020(c)to read as follows:
c) "Services"means those services which require a special skill or expertise or services
which are not readily or efficiently procured by competitive bidding. (2047-5/76,
2590-1/83) "Services" shall include but not be limited to the following: Those
services by independent contractors such as legal, data processing,programming,
planning, environmental, economic, financial,testing,temporary employee services,
management consultants,personnel consultants, accounting, surveying, landscape
architecture, advertising, design, engineers, architects.
SECTION 2. That Chapter 3.03 of the Huntington Beach Municipal Code is hereby
amended by amending Section 3.03.060(c)to read as follows:
c) If the procurement has been budgeted, contractual agreement shall be negotiated with
the consultant subject to final approval as to form by the City Attorney, and as to
content by the City Administrator. The final agreement, if over$20,000, shall be
approved by the City Council.
SECTION 3. That Chapter 3.03 of the Huntington Beach Municipal Code is hereby
amended by amending Section 3.03.080 to add(e)to read as follows:
e) Other public agency contract agreements. Procurements utilizing contractual
agreements maintained by other public agencies for the provision of professional
services to such agencies are exempt from the requirements of this chapter except
that the provisions of Section 3.03.060(c) shall apply in every case and so long as
such other agency complied with its own professional services contract requirements
as approved by the City Administrator.
SECTION 4. That Chapter 3.03 of the Huntington Beach Municipal Code is hereby
amended by amending Section 3.03.100 to read as follows:
The head of any department for which such services are required may,with the approval
of the City Administrator, contract directly for any professional services in the amount of
Twenty Thousand Dollars ($20,000) or less, when procurement of such services has been
budgeted. (2047-5/76,2945-7/88)
SECTION 9. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 20th day of October 1997.
Mayor
ATTEST: APPROVED AS TO FORM:
i7 .(44.
City Clerk City Attorney c `S,5 7
E147
REVIEWED AND APPROVED
l (
ity Administrator
2
Ord. No. 3375
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,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 6th of October, 1997, and was again read to
said City Council at a regular meeting thereof held on the 20th of October, 1997, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Dettloff,Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT:None
ABSTAIN: None
I,Connie Brockway 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 Independent on
19 Zonireee
In accordance with the City Charter of said City City Clerk and ex-officio lerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
I0/22/97
ATTACHMENT #3
LEGISLATIVE DRAFT
Huntington Beach Municipal Code Wo 33 75
3.03.010--3.03.060(b)
Chapter 3.03
PROFESSIONAL SERVICES
2047-5/76,2464-12/80,2590-1/83,2945-7/88,3097-4/91)
Sections:
3.03.010 Purpose
3.03.020 Definitions
3.03.030 (Repealed, 2590-1/83)
3.03.040 Selection guidelines
3.03.050 (Repealed, 2590-1/83)
3.03.060 Procedure
3.03.070 (Repealed, 2590-1/83)
3.03.080 Exempt and emergency procedures
3.03.090 Authorization by City Administrator
3.03.100 Authorization by Department Head
3.03.110 Exemptions for private funding
3.03.120 Existing agreements
3.03.010 Purpose. This chapter is adopted in order to provide a uniform procedure for
contracting for certain services by the City of Huntington Beach. (2047-5/76,2590-1/83)
3.03.020 Definitions.
a) "Consultant" means any provider of services under this chapter as an individual,partnership,
corporation or otherwise.
b) "Director" means the Department Head or his authorized representative vested with the
authority to administer the provisions of this chapter with respect to contracting for services.
c) "Services" means those services which require a special skill or expertise or services which
are not readily or efficiently procured by,competitive bidding. (2047-5/6,2590-1/83)
Services shall include but not be limited to the following: Those services
by independent contractors such as legal, data processing, programming,
planning, environmental, economic, financial, testing, temporary employee
services, management consultants, personnel consultants, accounting,
surveying, landscape architecture, advertising, design, engineers,
architects.
3.03.040 Selection guidelines. In all cases,the final selection of a consultant shall include
consideration of the following factors:
a) Actual capability to complete the project in conformance with the specifications, conditions
and other requirements of the City of Huntington Beach;
b) Demonstrated ability to prepare professional, accurate and timely-finished products
irrespective of unusual or difficult circumstances.
c) A reasonable contract price in relation to the size, quality and time restraints of the proposed
project with due consideration of competitive proposals. (2047-5/76)
3.03.060 Procedure. The procedure for the contracting of services is as follows:
a) The Director of the department primarily responsible for the particular project shall prepare a
written statement defining the necessity and scope of the project, and submit it to the City
3.03.060(b)--3.03.120 nur tington Beach Municipal Code
Administrator. Upon approval by the City Administrator,the Director shall prepare a written
statement of the specifications, conditions and other requirements for the requested services
and provide a copy to consultants who may wish to perform the service.
b) Except in extraordinary circumstances,the Director, or his designee, shall request informal
written proposals from not less than three (3) available qualified consultants. He shall
thereafter conduct discussions with them regarding the project if such discussions are
indicated by the complexity of the project, and based upon the selection guidelines
established in section 3.03.040 and the criteria established by him, select the consultant from
the responsible proposals submitted to him, deemed to be the most highly qualified to
provide the services required.
c) If the procurement has been budgeted, contractual agreement shall be negotiated with the
consultant subject to final approval as to form by the City Attorney, and as to content by the
City Administrator. The final agreement, if over $20,000, shall be approved by the City
Council.
d) If the procurement has not been budgeted,then the Director shall prepare a request for
appropriation for the City Administrator to submit to the City Council in the usual prescribed
manner.
e) The City Attorney shall counsel and advise City officials in the implementation of this
chapter. (2047-5/76,2590-1/83)
3.03.080 Exempt and emergency procedures. The need for certain budgeted and emergency
and exempted procurements are recognized. An emergency shall be deemed to exist if:
a) There is a great public calamity;
b) There is immediate need to prepare for national or local defense;
c) There is a breakdown in machinery or.an essential service which requires the immediate
attention of a professional in order to protect the public health, safety or welfare;
d) An essential, departmental operation affecting the public health, safety or welfare would be
greatly hampered if the prescribed procedure would cause an undue delay in the procurement
of the needed services. (2047-5/76)
e)Other public agency contract agreements. Procurements utilizing
cOntratual agreements maintained by other public agencies for the
provision of professional services to such agencies are exempt from the
requirements of this chapter except that the provisions of Section
3.03.060(c) shall apply in every case and so long as such other agency
complied with its own professional services contract requirements.and-
as approved by the City Administrator.
3.03.090 Authorization by City Administrator. In the case of an emergency which requires
the immediate retention of a professional consultant,the City Administrator may authorize the
Department Director to secure by the open-market procedure, at the lowest obtainable price
consistent with professional standards,any professional service regardless 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 City Administrator and shall be entered in the minutes of said Council.
2047-5/76,2464-12/80,2590-1/83)
3.03.100 Authorization by Department Heads. The head of any department for which such
services are required may, with the approval of the City Administrator, contract directly for any
professional services in the amount of Twenty
Thousand Dollars ( hiu,000) or less, when procurement of Ram services has been
budgeted. (2047-5/76,2945-7/88)
3.03.110 Exemptions for private funding. Exempted from the provisions in this chapter are
those services which would not involve the expenditure of City funds and will be financed
through fees and other private funding. The City Administrator shall have the authority to enter
into contracts financed by such private funding,provided that the general fund of the City is not
obligated by the contract. The City Administrator shall also have the authority to enter into
contracts which bind the City and are financed by such private funding,provided that the
services are included within a budget approved by the City Council. (2047-5/76, 3097-4/91)
3.03.120 Existing agreements. The terms and conditions of any existing professional services
agreement may be modified so as to increase or decrease the term, compensation or otherwise, by
mutual agreement of the City and the consultant selected. (2390-9/79)
4/91
RCA ROUTING SHEET
INITIATING DEPARTMENT:Administrative Services
SUBJECT: Rev. Professional Svc. Ordinance
COUNCIL MEETING DATE: October 6, 1997
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable)Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable)Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Below Space For City Clerk's Use Only)
RCA Author:
PROOF OF PUBLICATION
STATE OF CALIFORNIA) PUBLIC NOTICE I If the procurement has
LEGAL NOTICE been budgeted,contractual
ORDINANCE agreement shall be negotiI
S SS. NO.3 3 S ated with the consultant
asANORDINANCEOFTHEtobformecttObynalthapprovalAtCountyofOrangeCITYOFHUNTINGTONtorney, and as to contentBEACHAMENDINGCHAP- by the City Administrator.TER 3.03 OF THE HUN- The final agreement,If overTINGTONBEACHMUNICI- $20,000, shall be approvedPALCODERELATINGIamaCitizenoftheUnitedStatesandaTHEPROCUREMENTOSECTION
Council.
3residentoftheCountyaforesaid; I am
PROFESSIONAL SER- HuntingtoThat n Beach
Is
3 of the
Munichereby
VICES.
CCovertheageofeighteenyears, and not a
The purpose pal ode is herebyofthisamendmenttotheamendedbyamendin
party to or interested in the
gHuntingtonBeachMunici- Section 3.03.080 to add (e)b e I o`v pal Code is to further de- to read as follows:fine " services " and to in- eentitledmatter. I am a principal clerk of creasef
from $1o000°tot$0000 ttrractr public
agreements. Pro
con-
cure-beforetheHUNTINGTONBEACHINDEPENDENT, a
before City Counciln actiondd agreementsItsZima contractual
intained by
is requested on bud
ne`vspaoer of general circulation printed
Professional Services. By other public agencies forraisingthemonetarylimittheprovisionofprofes-the procedure for obtaining sionai services to suchandpualishedintheCityofHuntingtonbprofessionalserviceswould
e more cost effective and heenr
m
requirements thisBeach, County of Orange State o f expeditious.The full text of chapter except that theChapter3.03 reads as fol. provisions of SectionCalifornia, and that attached Notice is a
lows and Includes the 3.03.060 (c) shall apply Inamendmenttheretomadeeverycaseandsolongastrueandcompletecopy
by Ordinance No.3375. such other agencyaswasprintedFULLTEXT: plied with its wn rof s-and published in the Huntington Beach
WHEREAS there rs 3.03aneedsionalservices
approved
to amend Chapter of
the City Administrator.
atheHuntingtonBeachMu- the City ed byandFountainValleyissuesofsaidnicipalCode.; SECTION 4NOW,THEREFORE, That Chapter 3.03 of thenewspapertowittheissue(s) of: the City Council of the City Huntington Beach Munlci-of Huntington Beach does pal Code Is herebyordainasollows:
amended by amendingSECTION1Section3.03.100 to read asThatChapter3.03 of the -----
Huntington Beach Munici- follows:
pal Code Is hereby The head of anyamendedbyamendingdepartmentforwhich suchSection3.03.020 (c) to services are required may,
October 30, 1997
read as follows:with the approval of the
Services" (means those ,
Administrator,
directly for
contract
ofes-services which require a sional services in the
special skill or expertise or i amount of Twenty Thou-services which are not sand Dollars ($20,000) orreadilyorefficientlypro- less, when procurement ofIdeclare, under penalty of perjury, that dcuredng. (
by
20475/76,compt125901d/ budgeted.
b - such ices has been
the foregoing is true and correct.
83 ). 'Services" shall in- 29457/88). (
2oa7-5/76,
dude but not be limited to This Ordinancethefollowing: Those ser- shall take effect 30 daysvicesbyindependentcon-after its passage.tractors such as legal,data THE FULL TEXT
processing, programming, OF THE ORDINANCE ISExecutedon9 planning, environmental, AVAILABLE IN THE CITYOctober30, J economic, financial, test- CLERK'S OFFICE.at Costa Mesa, California. ing, temporary employee ADOPTED
services,management con- by the City Council of thesultants, personnel con- City of Huntington Beach atsultants, accounting, sur- a regular meeting heldveying, landscape architect Monday, October 20, 1997,
ture, advertising, design, 1 by the following roll callengineers,architects. vote:
SECTION 2 AYES:Councilmembers:That Chapter 3.03 of the Julien, Harman, Dettloff,Huntington Beach Munici- Bauer,Sullivan,Green,
pal Code is hereby Garofalo.
NOES:Councllmembers:amended by amending
Section 3.03.060 (c) to I None
read as follows: I ABSENT:Councilmembers:Signature None
CITY OF
HUNTINGTON BEACH
CONNIE BROCKWAY
CITY CLERK
Published Huntington
Beach-Fountain Valley In-
F dependent October 30,
1997.
105-537
aqz 9.,..o- . 4)&4
1464-Pry Weis,
Council/Agency Meeting Held: )0/6/97 6*,/O
Deferred/Continued to:
Pe-.«
EiA proved Co ditional A r ed Denied Aerw.1 City Clerk'
Council Meeting Date:October 6, 1997 Department ID Number: CS 97-046
o/Z•o/97 Gite " .'A0 6 l-'
t''.. e 4 . 3373 7-0— 797.
CITY OF HUNTINGTON BEACH m
REQUEST FOR COUNCIL ACTION z
c x
r. 4
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS = .T = m
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator /(
Q
PREPARED BY: RON HAGAN, Director, Community Services
Yl.e • 33 Z3
SUBJECT: APPROVAL OF ORDINANCE AMENDING HBMC CHAPTER 13.48
PERTAINING TO VEHICLE OPERATION IN PARKS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Enviro mental Status,Attachment(s
p
Statement of Issue: Should individuals and groups that are conducting approved activities
in city parks be allowed vehicular access to park grounds?
Funding Source: Not applicable.
Recommended Action: Motion to adopt Ordinance amending the Huntington Beach
Municipal Code by amending Chapter 13.48 thereto pertaining to operation of vehicles in
city parks.
Alternative Action(s): Do not allow vehicular access to park grounds by individuals or
groups conducting approved activities in city parks.
Analysis: There are numerous occasions when groups or individuals using city facilities
require vehicular access to city park grounds to drop off or pick up materials, equipment, etc.
Presently, there is no procedure for distinguishing vehicles of permitted park users from
nonpermitted park users. Issuing temporary parking passes for vehicles will allow regulation
of unauthorized vehicles in city parks.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
Ordinance Vo • 9373
RCA Author:
I
ORDINANCE NO. 3373
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 13.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO THE OPERATION OF VEHICLES IN CITY PARKS
The City Council of the City of Huntington Beach does hereby ordain as follows:
Section 1 That Section 13.48 of the Huntington Beach Municipal Code is hereby amended
to read as follows:
13.48.060 Vehicle operations--
a) Parking. No person shall operate, drive, ride, park or leave standing any automobile,
truck, motorcycle, motor scooter, motorized bicycle, gocart or any other motor vehicle or
any other vehicle at any time in any park; provided, however,that the provisions of this
section shall not apply to those specific areas within any public park of the City which
shall have been regularly and lawfully set aside for the use of vehicles; and provided
further that the provisions of this section shall not apply to any vehicle used or owned by
the City or any vehicle to which a temporary parking pass has been issued by the City or
any commercial vehicle making lawful deliveries to or otherwise lawfully engaged in any
undertaking or enterprise within any public park of the City. No person shall park and
leave unattended any vehicle in areas other than those designated for parking. Vehicles
left unattended in any area, except those designated for parking,without permission,
may be towed away and stored by the City and said removal and storage costs shall be
charged to and paid by the owner prior to release. Nor shall any person ride or drive a
bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or
multipurpose court in a City park.
b) Upon proof of valid California vehicle registration, proof of insurance as required by the
California Vehicle Code and proof of a valid driver's license,the operator of a vehicle
may be issued a temporary parking pass by the Director of Community Services or his
designated representative. The pass will entitle the holder to park or operate a vehicle
during short term use of park facilities. The pass must be displayed at all times on the
front dashboard of the vehicle or in a manner so that it is clearly visible through the
windshield.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 20th day of flr-t-c hPr 1997.
ATTEST: Mayor
Zon-rt APPROVED AS TO FORM:
City Clerk
EVIEWED AND APPRO D City Attorney
INITIATED AP OVED:
ity Administrator
Dire, •r • Co ity Services
1
j mp/k/ordinance/ord l 348/8/27/97
Ord. No. 3373
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,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 6th of October, 1997, and was again read to
said City Council at a regular meeting thereof held on the 20th of October, 1997, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien,Harman,Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT:None
ABSTAIN: None
I,Connie Brockway 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 Independent on
19 Lvde
In accordance with the City Charter of said City City Clerk and ex-officio erk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
10/22/97
ATTACHMENT # 1
Ordinance No. 337,E
LEGISLATIVE DRAFT
Chapter 13.48
PARKS
Sections:
13.48.010 Definitions
13.48.015 Park Rangers
13.48.020 Unlawful acts
13.48.025 Signs
13.48.030 Vandalism
13.48.040 Public toilets
13.48.050 Littering
13.48.060 Vehicles operations--Parking
13.48.061 Vehicles--Speed
13.48.070 Animals
13.48.080 Boisterous conduct
13.48.090 Gambling
13.48.100 Vending and peddling
13.48.110 Alcoholic beverages
13.48.120 Games and activities
13.48.125 Safety regulations and signs
13.48.130 Curfew
13.48.140 Advertising
13.48.145 Camping
13.48.150 Violations--Penalty
13.48.155 Nuisance
13.48.010 Definitions. For the purposes of this chapter, the following terms shall have the
meanings as set forth herein, unless the context in which they are used clearly indicates a contrary
meaning:
a) "Alcoholic beverages" means any and all spiritous, vinous, malt or fermented liquor,
liquids or compounds, whether medicated, proprietary, patented or not, and by whatever
name called, containing one-half of 1 percent, or more, of alcohol by volume which are
potable or fit as, or which may be used for beverage purposes.
b) "Person" means any individual, firm, partnership,joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
c) "Sound amplifying system" means and includes any system of electrical hookup or
connection, loudspeaker system or equipment, sound amplifying system and any
apparatus, equipment, device, instrument or machine designed for or intended to be used
for the purpose of amplifying sound or increasing the volume of the human voice, musical
tone, vibration, or sound wave. This definition shall not apply to the regular and
customary use of portable radios, televisions, record players or tape recorders played or
1
7/leg1348/jmm/8/21/97
operated in such places at such times so as not to disturb other persons in their permitted
uses of the park.
d) "City" means the City of Huntington Beach.
e) "Director" means the Director of the Community Services department or other person(s)
authorized by him, pursuant to law, to act in his stead.
f) "Department" means the Department of Community Services.
g) "Park" includes every park recreation center, lake, pond or other body of water, riding and
hiking trail, parking lot and every other recreation facility owned, managed and/or
controlled by the City and under the jurisdiction of the Director.
h) "Permission" means written permission, granted by the Director or his authorized agent.
1246-10/66, 2451-11/80)
i) "Skateboard Park" means any facility that is designed and maintained for the purpose of
recreational skateboard use. (3181-1/92)
j) "Skateboard" means a board of any material which has wheels attached and such wheels
may be used for moving or propulsion. (3181-1/92)
13.48.015 Park Rangers. For the purpose of this chapter, all Park Rangers are designated
limited power peace officers." Such Park Rangers shall have the authority to issue citations
and/or make arrests for violations of this chapter, pursuant to section 836.5 of the California
Penal Code. (2451-11/80, 2964-10/88)
13.48.020 Unlawful acts. It is unlawful for any person to do or commit, or for any person to
cause or permit to be done or committed within the boundaries of any public park within the City
of Huntington Beach, any act in the following sections. (1026-2/64, 1246-10/66)
13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign,
including warning, regulatory and road markings, placed by order of the Director for the safety or
control of persons, vehicles or animals. No person shall wilfully refuse to follow or comply with
any lawful order or direction given by a department employee. (2451-11/80)
13.48.030 Vandalism. No person shall wilfully cut, break, injure, deface, disfigure, mark or write
upon, paint, carve, burn, tamper with, attach rope or wire to, displace or remove any tree, shrub,
plant, turf, rock, sand, soil, wood, building, fence, table, bench, barbecue unit, pole, light,
playground apparatus, bridge, railing, paving material, fountain, trash receptacle, waterline or
other public utility, part or appurtenance thereof, sign, notice or placard, whether temporary or
permanent, monument, stake, post or other boundary marker, equipment, tools, implements,
materials, any structure or park facility whatsoever, either real or personal. (1026-2/64, 1246-10/66,
2451-11/80)
13.48.040 Public toilets. No person shall fail to cooperate in maintaining public toilets in a neat
and sanitary condition nor shall any person loiter in or about any public toilet or enter any public
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toilet designated for the opposite sex except that this provision shall not apply to persons under
five years of age that are accompanied by a parent or guardian. (1026-2/64, 1246-10/66, 2303-9/78)
13.48.050 Littering. No person shall deposit, throw, discharge or otherwise place any paper,
ashes, dirt, bottles, broken glass, cans, trash, litter, animal carcass, rubbish, debris or any
substance, matter or thing, either liquid or solid in the waters of any fountain, pond, lake, stream,
bay or other body of water in or adjacent to any park or in or on the grounds of said park except
in the proper receptacles where these are provided; nor shall any person within any park wash
eating or cooking utensils elsewhere than in the sinks provided for such purposes; nor shall any
person bring any such substance, except litter accumulated in the course of automobile travel, into
a City park for the purpose of disposal thereof in City park facilities. Where receptacles are not
provided, all such rubbish or waste shall be carried from the park by the person responsible for its
presence and properly disposed of elsewhere. (434-3/40, 511-5/47, 1026-2/64, 1246-10/66, 2451-11/80)
13.48.060 Vehicle operations-
a) Parking. No person shall operate, drive, ride, park or leave standing any automobile,
truck, motorcycle, motor scooter, motorized bicycle, gocart or any other motor vehicle or
any other vehicle at any time in any park; provided, however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall
have been regularly and lawfully set aside for the use of vehicles; and provided further that
the provisions of this section shall not apply to any vehicle used or owned by the City or
any vehicle to which a temporary parking pass has been issued by the
City or any commercial vehicle making lawful deliveries to or otherwise lawfully
engaged in any undertaking or enterprise within any public park of the City. No person
shall park and leave unattended any vehicle in areas other than those designated for
parking. Vehicles left unattended in any area, except those designated for parking,
without permission, may be towed away and stored by the City and said removal and
storage costs shall be charged to and paid by the owner prior to release. Nor shall any
person ride or drive a bicycle, skateboard or roller skates upon any tennis, handball,
basketball, shuffleboard or multipurpose court in a City park. (1246-10/66, 2451-11/80)
b) Upon proof of valid California vehicle registration, proof of insurance as
required by the California Vehicle Code and proof of a valid driver's
license, the operator of a vehicle may be issued a temporary parking
pass by the Director of Community Services or his designated
representative. The pass will entitle the holder to park or operate a
vehicle during short term use of park facilities. The pass must be
displayed at all times on the front dashboard of the vehicle or in a
manner so that it is clearly visible through the windshield.
13.48.061 Vehicles--Speed. No person shall operate any wheeled conveyance of any type in any
park at a speed in excess of 10 miles per hour unless a greater speed is posted. The maximum
speed limit when pedestrians are present shall be five (5) miles per hour. (2851-8/86)
3
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13.48.070 Animals. No person shall ride, lead or let loose any cattle, horse, mule, goat, sheep,
swine, cat, dog, fowl or animal of any kind in a park except that it shall not be unlawful to have
dogs, physically restrained by a leash not in excess of six(6) feet, or to ride horses on trails
specifically provided for them. No person shall permit a dog to be or remain unattended outside a
tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person shall
keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs other
persons within the boundaries of a park after such person has been directed by a park ranger to
remove such dog. No person shall trap, kill, injure, catch or maltreat any wild or domesticated
bird or animal; or destroy, remove or disturb any of the young or eggs of same, or permit any dog
to pursue, trap, kill or wound any wild or domesticated bird or animal, except that the provisions
of this section shall not apply to City employees regulating animal populations that have been
declared a nuisance or hazard by the Director consistent with laws protecting such animals.
434-3/40, 564-10/50, 1026-2/64, 1246-10/66, 2451-11/80)
13.48.080 Boisterous conduct. No person shall maliciously or wilfully disturb the peace or quiet
of a park or of any person therein, by loud or unusual noises, or by indulging in riotous,
boisterous, threatening, indecent or offensive conduct, or by using abusive, profane, indecent or
vulgar language. No person shall, within any park, disturb in any manner any picnic, meeting,
services, concert, exercise or exhibition. No person shall play or utilize any sound-amplifying
system within or upon any park or facility not set aside for such purpose by the City Council or
the Director. (434-3/40, 511-5/47, 1026-2/64, 2451-11/80)
13.48.090 Gambling. No person shall gamble or engage in gambling. (1246-10/66)
13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing
nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any
such article or thing except by written permission from the Director. No person shall give, set up
or maintain any exhibition, show, performance, concert, lecture, entertainment or similar activity
without written permission to do so from the Director. No person shall for profit offer sports
camps, sports lessons or other similar activity on park property without the written permission of
the Director. (434-3/40, 511-3/47, 1026-2/64, 1246-10/66, 2451-11/80, 2824-4/87)
13.48.110 Alcoholic beverages. No person shall any alcoholic beverage of any kind whatsoever,
except when attending a function operating under an alcohol permit issued in accordance with
Chapter 9.84 of this code. No intoxicated person shall enter, be or remain in any park. (1026-2/64,
2043-4/76, 2451-11/80)
13.48.120 Games and activities. It is unlawful for any person to take part in or abet the playing
of any activity which endangers the health, safety or welfare of the participant or any person
whomsoever in any park, except on fields and courts or areas specifically provided for such games
or activities or areas designated for such games and activities by the City Council or Director.
Such games and activities shall include, but shall not be limited to, the following:
a) Baseball, tackle football, field hockey, rugby, cricket, golf, boxing, wrestling and the
martial arts.
4
7fleg1348/jmm/8/21/97
b) Wading, bathing, swimming, launching any type of boat, raft, air mattress, surfboard or to
be in or on any lake, stream or pond found in a City park.
c) Flying any model airplane or helicopter, and launching any model fuel power boat,
provided that this subsection shall not prohibit the launching of model boats powered by
battery or sail.
d) Carrying, transporting, possessing, discharging, firing or shooting over, onto or through
any park any firearm, air gun, bb gun, spring gun, slingshot, bow and arrow, crossbow,
spear, fireworks, firecracker, rocket, explosive of any kind or any other form of weapon
potentially dangerous to human beings or wildlife. This subsection shall not apply to law
enforcement officers.
e) Fishing in any park lake other than those designated by the Director, during hours which
are authorized for such activity.
f) Lighting or maintaining any fire except in a stove, barbecue grill, fire circle, portable stove
or barbecue grill approved by the Director.
g) Erecting any barrier, whether string, wire, rope or chain, or placing any obstruction of any
kind across any path, trail or other area accessible to the public.
h) Engaging in any other activity which endangers the health and safety of the public.
1246-10/66, 1478-4/69, 1547-1/70, 2451-11/80)
13.48.125 Safety regulations and signs. (3181-1/93)
a) No person shall ride a skateboard at any skateboard park owned or operated by the City
whether supervised or not unless that person is wearing a helmet, elbow pads, and knee
pads. (3181-1/93)
b) The Director of Community Services shall erect and maintain visible regulatory signs at all
skateboard parks owned and operated by the City that are not supervised on a regular
basis. Such signs shall afford notice that any person riding a skateboard in the facility
must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will
be subject to citation under Section 8.46.020 of this chapter. (3181-1/93)
13.48.130 Curfew. No person shall remain, stay or loiter on or about any such park between the
hours of 10 p.m. and 5 a.m. of the following day provided that this section shall not apply to
attendance at authorized community activities in the park. Any park, recreation center or part or
portion thereof may be closed to the public during an emergency, or when it has been determined
by the Director, a park ranger or police officer that the public health, safety or morals require such
action. Such park, recreation center or part or portion thereof shall not be reopened except by
order of the City Council, City Administrator, Director, a park ranger or police officer. (1246-10/66,
2451-11/80)
13.48.140 Advertising. No person shall announce, advertise or call the public attention in any
5
7/1eg 1348/jmm/8/21/97
a
way to any article or service for sale or hire, or paste, glue, tack or otherwise post any sign,
picture, placard, advertisement or inscription whatever, or distribute any handbill, circular or
petition except by permission from the Director, provided that this section shall not apply to any
concession operating under lease granted by the City Council. (1246-10/66, 2451-11/80)
13.48.145 Camping. The following City parks are hereby designated as camping facilities: Lake
Park,Farquhar Park, Huntington Central Park, and Norma Brandel Gibbs Park. No person shall
use any camping facility for overnight camping purposes without applying for and obtaining
written permission from the Director upon payment of the required fees established, and amended
from time to time, by resolution of the City Council of the City of Huntington Beach.
The Director may designate areas within subject parks for camping and may promulgate
reasonable rules and regulations pertinent to the use of subject parks for camping purposes.
No person shall use or occupy a camping facility unless the fee, evidenced by a receipt, has first
been paid. (2099-9/76, 2451-11/80)
13.48.150 Violations--Penalty. Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of a MISDEMEANOR, and subject to a fine of not more than five
hundred dollars ($500) or be imprisoned in the City or county jail for a period not to exceed three
3) months, or both such fine and imprisonment. (1026-2/64, 1246-10/66)
13.48.155 Nuisance. It shall be deemed a public nuisance for any person to do or commit, or
cause to permit to be done or committed on or within the boundaries of any public park within the
City of Huntington Beach, any act as described in sections 13.48.010 through 13.48.150 hereof.
3295-8/95
6
7/leg 1348/jmm/8/21/97
RCA ROUTING SHEET
INITIATING DEPARTMENT: COMMUNITY SERVICES
SUBJECT: APPROVAL OF ORDINANCE AMENDING HBMC
CHAPTER. 13.48 PERTAINING TO VEHICLE OPERATION
IN CITY PARKS
COUNCIL MEETING DATE: October 6 , 1997
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWA1•DED
Administrative Staff c` )
Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Below Space For City Clerk's Use Only)
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
S S. PUBLIC NOTICE or otherwise lawfully en-
LEGAL NOTICE gaged in any undertakingCountyofOrangeORDINANCEorenterpriseswithinany
NO.3 3 7 3 public park of the City. No
AN ORDINANCE OF person shall park and
CITY OF HUNTINGTONTHE leave unattended any veIamaCitizenoftheUnitedStatesandaTERCHna
13.48 OF
AMENDING
T ECHUN- i those
hide
desigeatedpherfor
than
forofthe
park-TINGTON BEACH MUNICI- ing. Vehicles left unat-resident County aforesaid; I am PAL CODE PERTAINING tended in any area, except
over the age of eighteen years and not a
TO THE OPERATION OF those designated for park-VEHICLES IN CITY PARKS. ing, without permissionThepurposepartytoorinterestedinofthisamendmenttothemaybetowedawayandthebelowstoredbytheCityandsaidentitledmatter. I amHuntington Beach Municl-
aprincipal clerk of pal Code Is to increase the removal and storage costs
monetary limit from shall be charged to and
10theHUNTINGTONBEACHINDEPENDENTatheCity
to action°is reaa e. Nor shadbythellanyperr-Ithe City
newspaper of general circulation, printed
requested on budgeted son ride of drive a bicycle,Professional Services. Byy skateboard or roller skatesandpublishedISIiedIntheCityty
raising the monetary limitpofHuntingtonanddevelopingapre upon any tennis, handball,
approved contract,the pro- basketball, shuffleboard orBeach, County of Orange, State of cedure for obtaining pro-multipurpose court a
fessional services would be City park.California, and that attached Notice is a
more lous.p ma ate ex-
Upon (
b)
Chapter 3.03 reads as fol- California Vehicle
oof of validandcompletecopyaswasprintedlowsandIncludestheistration, proof of in-and published in the Huntington Beach
amendment thereto made
surance as required bybyOrdinanceNo.3375.
the California VehicleandFountainValleyCounciloofFULLTFfIssuesofsaidTheCitytheCityCodeandproofofa
of Huntington Beach does valid driver's license,newspaper to wit the issue(s) of: hereby ordain as follows: the operator of a ve-
Setion 1 hlcle may be Issued aThatSection13.48 of the temporary parkingHuntingtonBeachMunici- pass by the Director ofpalCodeIsherebyCommunityServicesoramendedtoreadasfol-
lows: his designated repre-
13.48.080 sentative. The pass
Vehicle Operations will entitle the holder
October 30, 1997 a) to park or operate a ve-
hicleNopersonshall during short term
operate,drive,ride,park or use of park facilities.
leave standing any automo The pass must be dls-
bile, truck, motorcycle, played at all times on
I declare, under penaltyof bicycle,gocartofmotor
rorany other i the front leshor Inrd aperjury, thatt the vehicle In a
the foregoing is true and correct,
motor vehicle or any other manner so that it is
vehicle at any time in any clearly visible through
park; provided, however, the windshield.
that the provisions of this This Ordinance
section shall not apply to shall take effect 30 days
Executed on
those specific areas within after its passage.
c t oeb r o, 9 9 7
any public park of the City ADOPTEDma
at Costa Mesa, California. whichby the City Council of theshallhavebeenreg-
ularly and lawfully set aside City of Huntington Beach at
for the use of vehicles;and a regular meeting held
provided further that the Monday, October 20, 1997,
provisions of this section by the following roll call
shall not apply to any ve- vote:
hide used or owned by the AYES:Councllmembers:
City or any vehicle to Julien, Harman, Dettloff,
which a temporary Bauer,Sullivan,Green,
parking pass has been Garofalo.
Issued by the City or NOES:Councilmembers:
any commercial vehicle None
Signature making lawful deliveries to ABSENT:Couu cilmembers:
None
CITY OF
HUNTINGTON BEACH
CONNIE BROCKWAY
CITY CLERK
q
Published Huntington
117 Beach-Fountain Valley In-
dependent October 30,
1997.
105-540