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HomeMy WebLinkAboutOrdinance #3886 ORDINANCE NO. 3886 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.111 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE DUTIES AND POWERS OF THE PUBLIC WORKS COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.11.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.111.020 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 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 Manager for the administration and execution of Public Works affairs. SECTION 2. Section 2.111.0300) of the Huntington Beach Municipal Code is hereby amended to read as follows: 0) 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 Manager shall cause the matter to be set for hearing before the City Council within 30 days. The City Manager 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. 58831 1 SECTION 3. 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 4th day of Apri 1 , 2011. ATTEST: City Clerk INITIATED AND APPROVED: REVI AND APPROVED: ty Clerk Pt anager APPROVED AS TO FORM: City Attorney 58831 2 Ord. No. 3886 STATE OF CALIFORNIA ) COUNTY OF ®RANGE ) 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 March 21,2011, and was again read to said City Council at a regular meeting thereof held on April 4,2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman 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 April 14,2011. In accordance with the City Charter of said City d, Joan L. Flynn, City Cler NY Clerk and ex-offici Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California