HomeMy WebLinkAboutOrdinance #3839 r 81/aoo 9 In 7 .
ORDINANCE NO. 3839
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEND G
CHAPTERS 2.102, 2.107 AND 2.111 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO DUTIES AND POWERS OF i`HE
ENVIRONMENTAL BOARD, THE HISTORIC RESOURCES BOARD,
AND THE PUBLIC WORKS COMMISSION
The City Council of the City of Huntington Beach does hereby ordain as follows:
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SECTION 1. Chapter 2.102 (titled Environmental Board)of/the Huntington Beach
Municipal Code is hereby amended by adding a new subsection to/Section 2.102.050, as follows:
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2.102.050 Powers and duties generally. The EnvironmentalfBoard shall be empowered
and have the duty to: f
(a) Study the environment of the City of Huntington Beach and investigate all actual and
potential threats to a clean environment for the City and its inhabitants; and (2385-7/79,
2938-5/88)
(b) Report to the City Council, and to other city boards, commissions, departments and
officers its recommendations for legislation and b/ther action that could or might
curtail or limit those activities which appear twbe an actual present threat, or which
may become a potential threat in the future,to the assurance of a clean, healthy,
desirable environment for the City and its inhabitants; and (2385-7/79, 2938-5/88)
(c) Advise the City Council and staff on sustainability challenges and opportunities to
enhance the overall sustainability, economic, ecological and social environments of
Huntington Beach.
(d) To perform such other duties as may from time to time be properly assigned or
delegated to it by the City Council. (2385-7/79,2938-5/88)
SECTION 2. Chapter 2. 07(titled Historic Resources Board)of the Huntington Beach
Municipal Code is hereby amended as to Sections 2.107.050 and 2.107.080 as follows:
2.107.050 Secretary. The Director of Planning, or his designee, shall serve as secretary to the
board without the power to dote, and shall keep permanent minutes of the board meetings.
Newly Revised Roberts'Rules of Order(current edition) shall govern the procedure of the
meetings of the board unless inconsistent with other provisions of this chapter. (3083-12/90)
Section 2.107.080 is hereby deleted in its entirety.
f
SECTION 3./ Chapter 2.111 (titled Public Works Commission) of the Huntington Beach
Municipal Code is Hereby amended as to Section 2.111.030 by adding subsection(m) as follows:
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2.111.030 Duties The duties of the Public Works Commission shall be as provided
below: (3318-2196);
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Ordinance No. 3839
(a) Provide annual review and comment upon Public Works capital improvement
projects and program. (3318-2/96,3591-1/03) 1
(b) Review and comment upon the following: (3318-2/96) ✓
(1) The long term infrastructure maintenance and repair program; (3318496)
(2) Oil pipeline permits issued by Public Works staff, and (3318-2196)
(3) Traffic control device permits issued by Public Works staff. (3318-2/96)
(c) Recommend to the City Council capital improvement projects which exceed
$50,000.00 and may review capital project repairs exceeding $50,000.00. (3318-2/96,
3591-1/03)
(d) Review and recommend to the City Council all capital improvements project
construction change orders exceeding the authorized change order limit for the
project. (3318-2/96,3591-1/03) 1
(e) Receive regular reports of the active capital improv'ent projects. (3591-1/03)
(f) Conduct an annual review and performance audit of the Sewer Service Fund. (3506-
10/01,3591-1/03)
(g) Recommend to the City Council on an annual basis any fees, rates and/or charges
proposed to be modified or added to the sewer service user charge. (3506-10/01,3591-1/03)
(h) Have the power and be required to hear for final decision appeals following sewer
service user charge adjustment and/orexemption decisions made by the Director of
Public Works. (3506-10/01,3591-1/03)
(i) Acting in the capacity of the Citizens Infrastructure Advisory Board, conduct an
annual review and performance audit of the Infrastructure Fund and report its findings
to the City Council prior to th 76ity Council's adoption of the ensuing fiscal year
budget. (3515-12/01,35914/03)
(j) Pursuant to California vehicle Code § 21950.5, or its successor statute,the Public
Works Commission shall/Conduct public meetings as necessary to consider the
removal of a marked crosswalk or crosswalks on public streets; and based upon the
results of such meetings, direct City staff, by motion, to either retain the marked
crosswalk(s) or take atly necessary steps for removal of the marked crosswalk(s).
Any person who disagrees with the decision of the Public Works Commission may, in
writing, no later than 10 days after the date of such decision, appeal the decision to
the City Council. Such appeal shall be filed with the City Clerk. If a timely appeal is
filed, the City Clerk shall cause the matter to be set for hearing before the City
Council within 30 days. The City Clerk shall give the appellant at least 10 days'
written notice of`the time and place of the City Council hearing. After hearing the
appeal, the CityCouncil may affirm, overrule or modify the decision of the Public
Works Commission. The decision of the City Council shall be final. If the Public
Works Commission's decision is to direct City staff to take the necessary steps to
remove a marked crosswalk(s), and, further, if a timely appeal is filed, the decision of
the Public Works Commission shall be stayed until the City Council has decided the
appeal. If the decision of the City Council directs removal of a marked crosswalk(s),e�,
36467 2
Ordinance No. 3839
such removal shall not occur until at least 30 days after the City Council's decision.
(3515-12/01,3591-1/03) Bf
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(k) Have the power and be required to hear for final decision, appeals following street
work construction permit decisions made by the Director of Public Works. (3591-1/03)
(1) Have the power and be required to consider application of a fee adjustment of the Fair
Share Traffic Impact Fee if the development project does not have a,discretionary
development permit. The Commission shall consider the application within sixty(60)
days after the fee application is deemed complete by the Director of Public Works.
(3591-1/03)
(m)Work to protect water quality in the channels of Huntington Harbour and the
proposed Bolsa Chica Harbour.
SECTION. 4. All other provisions of Chapters 2.102,,,2.107 and 2.111 not amended
hereby remain in full force and effect.
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SECTION 5. 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 day of 1200
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Mayor
ATTEST: J° INITIATED AND APPROVED AS TO FORM:
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City Clerk ' 4�=+CitAA:t�iomey
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REVIE APPROVED:
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C d inistrator
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36467 3
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ORDINANCE NO. 3839
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTERS 2.102, 2.107 AND 2.111 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO DUTIES AND POWERS OF THE
SUSTAINABILITY COMMITTEE, THE HISTORIC RESOURCES BOARD,
AND THE PUBLIC WORKS COMMISSION
The City Council of the City of Huntington Beach doe ereby ordain as follows:
SECTION 1. Chapter 2.102 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 2.102/ y
SUSTAINABILITY COMMITTEE
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Sections: f �'
2.102.010 Established
2.102.020 Composition -
2.102.030 Removal r !
of members
2.102.040 Advisers and assistants to/Sustainability Committee
2.102.050 Powers and duties generally
2.102.060 Bylaws
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2.102.010 Established. There is hereby created for the City of Huntington Beach the
Huntington Beach Sustainability Committee hereinafter referred to as the Sustainability
Committee. A
2.102.020 Composition. The/Sustainability Committee shall consist of not more than
nine voting members, all appointed by the City Council. All members shall be residents
of the City of Huntington Beach, and over one-half of the members shall be registered
voters of the City of Huntington Beach. All members shall serve without compensation,
and none shall hold any office or employment in the city government.
The members shall serve a term of four years. Members shall have a term starting July 1
and expiring June 30,and present members shall continue in office until June 30 of the
year of expiration of term. Each member shall serve his term until his successor is
qualified and appointed. If vacancies shall occur otherwise than by expiration of term,
they shall be filled�by appointments for the unexpired portion of the term.
2.102.030 Remo�al of members. Any member of the Sustainability Committee,
including the chairperson, shall be subject to removal by motion of the City Council
adopted by at least four affirmative votes. The membership of any member of the
Sustainability Committee shall be vacated if such member absents himself from three
consecutive regular meetings of the Sustainability Committee, unless by permission of
such Sustai#ability Committee, or ceases to continue to comply with the requirements of
new members as to residence and/or voter registration.
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09-2187/36946
Ordinance No. 3839
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2.102.040 Advisers and assistants to Sustainability Committee. The Sustainability
Committee may request the city staff to provide information, and subject to approval.of
the City Administrator, such assistance as may be helpful and desirable to effectuate'the
purposes of the Sustainability Committee. The Sustainability Committee may have as
many ex-officio members, without the power to vote, as may be appointed by the City
Council. The Sustainability Committee may make investigations and employdpersons,
subject to the approval of the City Council, as it may deem necessary to perform its
duties and functions.
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2.102.050 Powers and duties Eenerally. The Sustainability Committee shall be
empowered and have the duty to:
(a) Study the environment of the City of Huntington Beach and investigate all actual and
potential threats to a clean environment for the City and its�irihabitants; and
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(b) Report to the City Council, and to other city boards, commissions, departments and
officers its recommendations for legislation and other action that could or might
curtail or limit those activities which appear to be an actual present threat, or which
may become a potential threat in the future, to the assurance of a clean,healthy,
desirable environment for the City and its inhabitants; and
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(c) Advise the City Council and staff on sustainability challenges and opportunities to
enhance the overall sustainability, economic, ecological and social environments of
Huntington Beach; and
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(d) Perform such other duties as may from time to time be properly assigned or delegated
to it by the City Council.
2.102.060 Bylaws. The committee may establish bylaws, and amendments thereto,
subject to prior submission to and approval by the City Council.
SECTION 2. Chapter 2.107 (titled Historic Resources Board) of the Huntington Beach
Municipal Code is hereby amended as/to Sections 2.107.050 and 2.107.080 as follows:
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2.107.050 Secretary. The Director of Planning, or his designee, shall serve as secretary to the
board without the power to vote, and shall keep permanent minutes of the board meetings.
Newly Revised Roberts' Rules of/Order (current edition) shall govern the procedure of the
meetings of the board unless inconsistent with other provisions of this chapter.
Section 2.107.080 is hereby deleted in its entirety.
SECTION 3. Chapter 2.111 (titled Public Works Commission) of the Huntington Beach
Municipal Code is hereby/amended as to Section 2.111.030 by adding subsection(m) as follows:
2.111.030 Duties. The duties of the Public Works Commission shall be as provided
below: (3318-2/96) //
a Provide annual eview and comment upon Public Works capital improvement
( ) �' p p p
projects and program.
(b) Review and comment upon the following: �.
2 `' `.
09-2187/36946
Ordinance No. 3839
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(1) The long term infrastructure maintenance and repair program;
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(2) Oil pipeline permits issued by Public Works staff, and
(3) Traffic control device permits issued by Public Works staff. Ir
(c) Recommend to the City Council capital improvement projects which exceedf,/'
$50,000.00 and may review capital project repairs exceeding $50,000.00.
(d) Review and recommend to the City Council all capital improvements project
construction change orders exceeding the authorized change order limit for the
project.
(e) Receive regular reports of the active capital improvement projects.
(f) Conduct an annual review and performance audit of the Sewer Service Fund.
(g) Recommend to the City Council on an annual basis any,,fees, rates and/or charges
proposed to be modified or added to the sewer service user charge.
(h) Have the power and be required to hear for final decision appeals following sewer
service user charge adjustment and/or exemption decisions made by the Director of
Public Works.
(i) Acting in the capacity of the Citizens Infrastructure Advisory Board, conduct an
annual review and performance audit of the;Infrastructure Fund and report its findings
to the City Council prior to the City Council's adoption of the ensuing fiscal year
budget.
f
(j) Pursuant to California Vehicle Code §21950.5, or its successor statute,the Public
Works Commission shall conduct public meetings as necessary to consider the
removal of a marked crosswalk or crosswalks on public streets; and based upon the
results of such meetings, direct City staff, by motion, to either retain the marked
crosswalk(s) or take any necessary steps for removal of the marked crosswalk(s).
Any person who disagrees with.the decision of the Public Works Commission may, in
writing, no later than 10 days,after the date of such decision, appeal the decision to
the City Council. Such appeal shall be filed with the City Clerk. If a timely appeal is
filed,the City Clerk shall cause the matter to be set for hearing before the City
Council within 30 days. The City Clerk shall give the appellant at least 10 days'
written notice of the time`and place of the City Council hearing. After hearing the
appeal,the City Council'may affirm, overrule or modify the decision of the Public
Works Commission. The decision of the City Council shall be final. If the Public
Works Commission's`decision is to direct City staff to take the necessary steps to
remove a marked crosswalk(s), and, further, if a timely appeal is filed,the decision of
the Public Works,Commission shall be stayed until the City Council has decided the
appeal. If the decision of the City Council directs removal of a marked crosswalk(s),
such removal shall not occur until at least 30 days after the City Council's decision.
(k) Have the power and be required to hear for final decision, appeals following street
work construction permit decisions made by the Director of Public Works.
(1) Have the/power and be required to consider application of a fee adjustment of the Fair
Share Traffic Impact Fee if the development project does not have a discretionary
i
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09-2187/36946
Ordinance No. 3839
development permit. The Commission shall consider the application within sixty (60)
days after the fee application is deemed complete by the Director of Public Works. ,
(m)Work to protect water quality in the channels of Huntington Harbour.
SECTION. 4. All other provisions of Chapters 2.102, 2.107 and 2.111 not amended
hereby remain in full force and effect.
f
SECTION 5. This ordinance shall become effective 30 days after its adoption.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of "� , 200
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Mayor
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ATTEST: IN ATED AND APPROVED AS TO FORM:
City Clerk City Attorney U
REVIEWE ND PPROVED:
ity Admin' rator
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09-2187/36946