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HomeMy WebLinkAboutOrdinance #4055 ORDINANCE NO. 4055 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.111.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING DUTIES OF THE PUBLIC WORKS COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.111.030 entitled"Duties" of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 improvement projects which exceed $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. 1. Reserved. 1 5-4698/120457.doc 1 Ordinance No . 4055 J. Pursuant to California Vehicle Code Section 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. 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. L. 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 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. (3318-2/96, 3506-10/01, 3515-12/01, 3591-1/03, 3886-5/11) 15-4698/120457.doc 2 Ordinance No . 4055 SECTION 2. This ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the G Beach at a regular meeting thereof held on the 18 t iday of M_ ate, 2015 Mayor ATTEST: APPROVED FORM: e � , ity Clerk City Attorney ( d a( REVIE D APPROVED: ITIATED AND APPROVED: i �Yy#0ager Director of P76blic Works 15-4698/120457.doc 3 Ord. No. 4055 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 May 04,2015, and was again read to said City Council at a Regular meeting thereof held on May 18,2015, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson 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 Wave on May 28,2015. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Cit Jerk and ex-officio Jerk Senior Deputy City clerk of the City Council of the City of Huntington Beach, California