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HomeMy WebLinkAboutOrdinance #3318 ORDINANCE NO. 3 318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ENPANDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.110 ENTITLED "PUBLIC WORKS COMMISSION" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION1. New Chapter 2.110 is hereby added to the Huntington Beach Municipal Code entitled "Public Works Commission", said section to read as follows: CHAPTER 2.110 PUBLIC WORKS COMMISSION Sections: 2.110,010 Commission established 2.110.020 Non-Interference 2.110.030 Duties 2.110.040 Records of Commission 2.110.050 Members 2.110,060 Appointment/Composition 2,110.070 Removal of Members 2.110.080 Vacancies--Retirement 2,110.090 Service Limitation 2.110.100 Quorum Proceedings 2.110.110 Bylaws 2,110,120 Advisors 2,110.130 Operating Policies 2,110.140 Brown Act 2.110.010 Commission established. There is hereby established a Public Works Commission in and for the City of Huntington Beach which shall be known as the Public Works Commission of the City of Huntington Beach. The authority to create a Public Works Commission is derived from the Huntington Beach City Charter Section 405. 2.110.020 Non-interference. Except as otherwise provided in this Chapter as may be amended by ordinance by the City Council of the City of Huntington Beach, no member of the Public Works Commission shall order, directly or indirectly, the Director of Public Works or his/her staff in the administration or execution of the JM\s1G:0rd:PWConvn111/30/95 RLS 95-649 .... .. ........ 3318 Director's Powers and Duties as established in Chapter 2.56 of the Huntington Beach Municipal Code. The Director of Public Works shall be responsible to the City Administrator for the administration and execution of Public Works affairs. 2.110.030 Duties. The duties of the Public Works Commission shall be as provided below: (a) Provide annual review and comment upon Public Works Capital Improvement Projects and Program. (b) Review and comment upon the following: (1) The long term infrastructure maintenance and repair program; (2) Oil pipeline permits issued by Public Works staff, and (3) Traffic control device permits issued by Public Works staff. (c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review capital project repairs exceeding $50,000.00. (d) Review all capital improvements construction project change orders exceeding $50,000.00 and not more than $100,000.00 for all cash contracts. 2,110,040 Records of Commission. Accurate and permanent records of the acts of the Commission shall be kept, and such records shall have the same status as records of other departments of the city. 2.110,050 Members. The Public Works Commission shall consist of seven (7) members who shall be residents of the City of Huntington Beach and shall not be officers or employees of the city and no member of the commission may have any interest in any contract with the city either during such member's terms of office or for a period of one year after the cessation of such service. Members who are employees of firms which contract with the city shall be deemed to be interested in such contracts excepting when such interest is remote, as defined in Article 4, Chapter 2, Division 4, Title 1 of the California Government Code, 2.110.060 Appointment and Composition. The Public Works Commission shall consist of seven(7) members, each appointed by majority vote of the City Council from citizens who have special interest, training and/or experience in Public Works matters. All members shall serve without compensation, may hold no other office or employment in City Government, and no other employment which is incompatible with Commission Service. 2 JM1s\G:0rd:PWConin M/30/95 RLS 95-649 . .. ...... 3318 Members of the Commission shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of the commission shall be four(4)years, staggered so that the majority of terms shall end in odd- numbered years following the election of four (4) council members and the remainder of the terms shall end in odd-numbered years following the election of three(3) council members. 2.110.070 Removal of Members. Any member of the Public Works Commission may be removed by majority vote of the City Council present when such vote is taken. Any member who absents himself from three (3) consecutive, regular meetings or more without the permission of the commission chairperson shall be deemed to have resigned from the commission and his office shall become vacant. Any vacancy shall be filled by appointment for the unexpired term by a majority vote of the Council present and voting. 2.110,080 Vacancies--Retirement. Members shall be privileged to retire voluntarily from the Commission at any time; successors to be appointed in such case, or any other vacancy from whatever cause, by the Mayor; with the approval of the City Council, for the unexpired term of office. 2.110.090 Service Limitation. No person shall serve more than two (2) consecutive four- year terms; provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reappointed, an additional term thereafter. No person shall serve more than four(4) consecutive two-year terms. 1110 100 Quorum proceedings. A majority of the members of the Commission in office shall constitute a quorum. A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any questions before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. 2.110.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it deems necessary to provide for its officers and their method of selection of time and place of meetings and for such other matters relative to its work and administration of its duties which are not otherwise provided for by statute or _ ordinance. 2,110,120 Advisors. The Public Works Commission may request of the Director of Public Works the attendance at its meetings of any officer or employee of the city to assist the commission in its deliberations in an advisory capacity but who shall 3 JM1s\G:Ord:PW Comm111/30/95 RLS 95-649 3318 not have the authority to vote upon any matter being considered by the commission. 2.110.130 Operating Policies. Except as otherwise provided in this chapter, the board shall conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this code. 2.110.140 Brown Act. The Board shall be governed by the provisions of the Brown Act (Government Code Section 54950, et seq.). 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 2nd day of January ,-J-99i. 1996 . ,Z>0e4, AT6wa-, T: , Mayor APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED City Attorney A D PROVED: Vtyy Administrator Director of Z Works 4 JM\s1G:0rd:P WConvn111/30/95 RLS 95-649 Ord. No. 3318 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-offlcio 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 18th of December. 1995, and was again read to said City Council at a regular meeting thereof held on the 2nd of January. 1996, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council, AYES: Councilmembers: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: Leipzig 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 C_i JI�d�-'r_ •�' 19 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City De u Ca Clerk of Huntington Beach, California G/ordinanc/ordbkpg 1/3/96