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HomeMy WebLinkAbout09 ORD 1342- AMEND SECT 1260 OF CITY CD-BADGES 09-18-07Agenda Item ~, '~~~~~ ~ Reviewed: ~;~ ~.~-~^~~ AGENDA REPORT Cit Mana er ~~" Finance Director MEETING DATE: SEPTEMBER 18,2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK N/ SUBJECT: ADOPT ORDINANCE 1342 -ORDINANCE AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES SUMMARY: This action recommends an amendment to the recently adopted council badges ordinance in response to an opinion of the Attorney General. This ordinance would allow the City Manager to devise appropriate means of identification for members of the City Council consistent with the provisions of state law and the Attorney's General Opinion. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1342 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On September 4, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1342 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES The City Council of the City of Tustin, California, ordains: Section 1. Section 1260 of the Tustin City Code is amended to read: 1260 ISSUANCE OF BADGES A. For the purposes of this Part, the term "badge" shall mean a badge, credentials, or such other form of identification as allowed or provided under this Code or state law. B. The City Manager is authorized to issue to each member of the City Council a city badge designating the member as a member of the City Council, Mayor pro tem, or Mayor. No member of the City Council shall have more than one badge at any time during such member's term of office. C. The size, shape, and content of each badge shall not be designed in such a manner that an ordinary reasonable person would be deceived into believing that such badge is authorized for use by a peace officer or that the badge could indicate membership in an organization whose name would reasonably be understood to imply that the organization is composed of law enforcement personnel. The terms "peace officer, "police officer," "police," "law enforcement," or any similar term shall not be used on any badge issued pursuant to the provisions of this Part. The City Manager shall consult with the Police Chief and the City Attorney on the design of any badge proposed to be issued to a member of the City Council. D. Each badge issued shall have a unique serial or identification number and the City Manager shall maintain records containing the serial or identification number of each badge, the date of issuance, and the name and resident address of the member of the Council to whom the badge is issued. E. Each member of the City Council to whom a badge is issued shall reimburse the City for the cost of the badge, in the event the badge is destroyed through the member's negligence or the badge is lost. F. The City Manager shall formulate and implement rules and regulations consistent with, and in furtherance of, the provisions of this Part. 527442.1 Section 2. The provisions of this Ordinance shall become effective at 12:01 am on the thirty-first day after passage or the date. PASSED, APPROVED, AND ADOPTED this day of 2007. LOU BONE, Mayor ATTEST: PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the day of 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk 527442.1