The URL can be used to link to this page

Home My WebLink AboutOrdinance #3851 ORDINANCE NO. 3851 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 ENVIRONMENTAL BOARD, THE HISTORIC RESOURCES BOARD AND THE PUBLIC WORKS COMMISSION RESPECTIVELY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.102.050 of Chapter 2.102 Environmental Board of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.102.050 Powers and duties generally. The Environmental Board 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 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 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 (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) 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. Sections 2.107.050 and 2.107.080 of Chapter 2.107 Historic Resources Board of the Huntington Beach Municipal Code are hereby amended to read as follows: 2.107.050 Secretary. The Director of Planning Department, or his/her 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. 2.107.080 Acceptance of gifts. The board may recommend to the City Council the acceptance of all gifts, devises, legacies or bequests, either real or personal property from any source,public or private. Any acquisition to the board shall be administered through the Planning Department of the city on authorization from this board. All acquisitions 09-2248/40530 1 Ordinance No. 3851 shall be consistent with the functions of the board as set forth in Section 2.107.060 above. Historic structures surveys, collection management policies and documentation on historic artifacts will be reviewed by the board as required. SECTION 3. Section 2.111.030 of Chapter 2.111 Public Works Commission of the Huntington Beach Municipal Code is hereby amended by adding subsection (m) said section to read as follows: 2.111.030 Duties. The duties of the Public.Works Commission shall be as provided below: (3318-2/96) (a) Provide annual review and comment upon Public Works capital improvement projects and program. (3318-2/96,3591-1/03) (b) Review and comment upon the following: (3318-2/96) (1) The long term infrastructure maintenance and repair program; (3318-2/96) (2) Oil pipeline permits issued by Public Works staff, and (3318-2/96) (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) (e) Receive regular reports of the active capital improvement 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/or exemption 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 the City Council's adoption of the ensuing fiscal year budget. (3515- 12/01,3591-1/03) (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 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 09-2248/40530 2 Ordinance No. 3851 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. (3515-12/01,3591-1/03) (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. SECTION 4. 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 21 st day of D cember 2009 Ma INITIATED AND APPROVED AS TO ATTEST: FORM: City Clerk Ci y Attorney REVIE D APPROVED: y ministrator 09-2248/40530 3 Ord. No. 3851 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, 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 December 7, 2009, and was again read to said City Council at a regular meeting thereof held on December 21,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,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 Fountain Valley Independent on December 31,2009. In accordance with the City Charter of said City QA&GId J- 1maw Joan L.Flynn,Qi1y Clerk ty Clerk and ex-officiaJerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California