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HomeMy WebLinkAboutCity Council - 2001-78 RESOLUTION NO. 2001-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A PROCEDURE FOR THE REMOVAL OF EXISTING MARKED CROSSWALKS ON PUBLIC STREETS AND DELEGATING TO THE CITY'S PUBLIC WORKS COMMISSION THE AUTHORITY TO CONDUCT PUBLIC MEETINGS AND TO MAKE DECISIONS REGARDING SUCH CROSSWALK REMOVALS WHEREAS, in the year 2000, the California State Legislature enacted into law Section 21950.5 of the California Vehicle Code; and WHEREAS, Section 21950.5 states: "(a) An existing marked crosswalk may not be removed unless notice and opportunity to be heard is provided to the public not less than 30 days prior to the scheduled date of removal. In addition to any other public notice requirements, the notice of proposed removal shall be posted at the crosswalk identified for removal. (b) The notice required by subdivision(a) shall include, but is not limited to, notification to the public of both of the following: (1) That the public may provide input relating to the scheduled removal. 2) The form and method of providing the input authorized by paragraph (1)." WHEREAS, in order to comply with this new law, the City's Public Works Department, in conjunction with the City Attorney's Office,jointly developed a written procedure, including a flowchart and public notice forms; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, as follows: Section 1. That certain document, entitled"Procedure for the Removal of a Marked Crosswalk on Public Sheets," including all five attachments to said document, a copy of which is attached hereto as Exhibit l and incorporated herein by reference; is hereby approved. 1 rjHr/01 Reso/Crosswalks PW RL5 2001-0729/0515 Res. No. 2001-78 Section 2. Pursuant to Huntington Beach Municipal Code § 2.100.020(b), the City Council hereby delegates to the City's Public Works Commission the authority to take all actions specified in Paragraph 3, on page 2, of the approved procedure; that is, to inter alia, conduct public meetings to consider the removal of marked crosswalks and to direct City Staff to either retain the marked crosswalk or take the necessary steps for removal based on the results of the meeting. Pursuant to the provisions and procedures contained in Huntington Beach Municipal Code § 2.111.030(i), any person who disagrees with the decision of the Public Works Commission may appeal the decision to the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October 2001. Mayor IV ATTEST: APPROVED,kS TO FORM: City Clerk ja-1g_o I City Attorney �� REVIEWED AND APPROVED: TED AND PROVED: City AdiAdnistrator Director of Public Works 2 qw/0F Reso/Crosswalks PW RLS 2001-072910515 Res. No. 2001-78 Exhibit 1 EXHIBIT 9 PROCEDURE FOR THE REMOVAL OF A MARKED CROSSWALK ON PUBLIC STREETS The City of Huntington Beach Department of Public Works has established the following procedure for the consideration of removal of marked pedestrian crosswalks on public street in conformance of the requirements of California Vehicle Code Section 21950.5, with this procedure shown schematically in the flow chart shown in Attachment A. 7. Evaluation Following identification of a marked crosswalk for potential removal, Staff will initiate an investigation to determine whether there is sufficient need to retain the marked crosswalk. The engineering evaluation will consider factors such as: a) Use of location for school related activities (e.g. adult crossing guard, school bus stop, suggested route to school) b) Number of pedestrians crossing at location c) Suitability of location for pedestrian crossings (e.g. sight distance, number of lanes, traffic controls, adjacent pedestrian facilities, public transportation connections, pedestrian attractions) d) Accident history e) Pedestrian access alternatives f) Consistency with current Municipal Code requirements If the results of the engineering evaluation conclude that the crosswalk is needed to channefize and serve pedestrian activities, the current marked crosswalk will continue to be maintained and no further review action is necessary. If a marked crosswalk is recommended for removal, the recommendation will be presented to the Public Works Commission for review and action. 2. Notification Prior to removal of a marked crosswalk, two types of notification will be provided to the public to encourage public input into the decision to remove the crosswalk. a) Posted Notification—City Staff will post notices to the public in a conspicuous location adjacent to the crosswalk recommended for removal. The notices will follow the general form presented in Attachment B. The notification will be posted a minimum of 30 days prior to the scheduled review of the recommended crosswalk removal by the Public Works Commission. Staff will take the necessary steps to ensure that the posted notices are maintained throughout this notification period. b) Advertisement— City Staff will publish a general public notice in a newspaper designated by the City Council, of the consideration of the removal of the crosswalk by the Public Works Commission a minimum of 30 days prior to the scheduled meeting date. The notice will be of the general form presented in Attachment C. An affidavit of posting shall be placed in the project file of the form presented in Attachment D. Res. No. 2001-78 Exhibit 1 Additional notification may be provided at the discretion of the City to address issues related to a specific location. Additional notification factors that may be considered include: nearby schools, area businesses, and youth and adult recreation services. 3. Public Meeting of Public Works Commission The Public Works Commission will conduct a public meeting to consider the removal of the marked crosswalk. At this meeting, all written correspondence will be presented to the Commission and anyone in attendance will be given a reasonable amount of time (based on current Commission policies) to provide input into the decision. The Public Works Commission will direct Staff to either retain the marked crosswalk or take the necessary steps for removal based on the results of the meeting. 4. Marked Crosswalk Removal If directed by the Public Works Commission, Staff will prepare the necessary work orders and direct the removal of the marked crosswalk. The crosswalk removal shall be scheduled no sooner than 30 days following the direction of the Public Works Commission to have the crosswalk removed. 5. Appeal of Decision of Public Works Commission Pursuant to the provisions and procedures contained in Huntington Beach Municipal Code Section 2.111.030(I), any person who disagrees with the decision of the Public Works Commission may appeal the decision to the City Council. A copy of Section 2.111.030(i) is attached as Attachment E. G. Approval of Procedure On October 15, 2001, the City Council, by Resolution No. , approved this procedure and delegated authority to the City's Public Works Commission to conduct a public meeting to consider a marked crosswalk's removal, and to direct City staff to either retain the marked crosswalks or take the necessary steps to remove the crosswalk. Attachments A-- Flow chart of Marked Crosswalk Removal Processing B -Sample Public Notice to be posted at crosswalk C- Sample Public Meeting Notice D-Sample Affidavit of Posting E- Huntington Beach Municipal Code Section 2.111.030(i) Res. No. 2001-78 Attachment A of Exhibit i Marked Crosswalk Removal Processing Identify crosswalk for potential removal Evaluate need for crosswalk • School crossing guard? • Pedestrian channelization? • School bus stop? ■ Pedestrian volume ■ Accident history Yes ■Alternative crossing locations? Is the crosswalk needed? No Identify desired, potential crosswalk removal date a minimum of 72 days in future Identify potential Public Works Commission date a minimum of 42 days in future Prepare and submit notification advertisement to be published a minimum of 30 days prior to Public Works Commission meeting Post notice of potential crosswalk removal at crosswalk a minimum of 30 days prior to Public Works Commission meeting Prepare Staff report to Public Works Commission (Draft due 2 weeks prior to scheduled meeting) Continue to maintain Hold Public Works Commission meeting and No marked crosswalk in provide opportunity for public input. current location_ Did Public Works Commission support crosswalk removal? Yes Within 10 da s Schedule crosswalk removal a minimum of Appeal decision to 30 days Mowing Public Works Commission > remove crosswalk to the action. City Council. Res. No. 2001-78 Attachment B of Exhibit 1 U LIC NOTIC PROPOSED MARKED CROSSWALK REMOVAL The Public Works Commission of the City of Huntington Beach will consider the permanent removal of THIS MARKED CROSSWALK at its , 200_ regular meeting beginning at 5 pm in the City Council Chambers, 2000 Main Street, Huntington Beach, California. The public is encouraged to attend this meeting to express their opinions regarding the recommended proposed removal or present their opinions in writing. A copy of the engineering evaluation recommending the removal of the crosswalk may be viewed at City Hall in the Public Works Department and written comments may be submitted to the following location: City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 .If you have any questions regarding the recommended marked crosswalk removal please call at ) - Res. No. 2001-78 Attachment C of Exhibit 1 NOTICE OF PUBLIC MEETING CITY OF HUNTINGTON BEACH PROPOSED REMOVAL OF A MARKED CROSSWALK AT THE INTERSECTION OF AND Notice is hereby given that a public meeting will be held by the Public Works Commission of the City of Huntington Beach in the Council Chambers of the Civic Center, 2000 Main Street, Huntington Beach, California at the hour of 5:00 p.m., or as soon thereafter as possible on Wednesday, the-of , 200_for the purpose of considering the proposed removal of a marked pedestrian crosswalk at the intersection of and A complete report detailing this matter is available for review by the public at City Hall, 2000 Main St. in the Public Works Department between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Interested persons may also contact the Public Works Department, Transportation Division, at 2000 Main Street, Huntington Beach, 92648 to receive additional information. All persons are invited to attend the public meeting and provide the Public Works Commission with written and oral comments and ask questions concerning the proposed recommendation. Written communications to the Public Works Commission may also be mailed to the Department of Public Works prior to the date of the public meeting, but they should reach the Department no later than the date of the public meeting. Pursuant to the provisions and procedures contained in Huntington Beach Municipal Code Section 2.111.030 (i), any person who disagrees with the decision of the Public Works Commission may appeal the decision to the City Council. Dated_I I_ City of Huntington Beach By: Robert F. Beardsley, Director of Public Works 2000 Main Street Huntington Beach CA 92648 Telephone: (714) 536-5227 Res. No. 2001-78 ATTACHMENT D of Exhibit 1 AFFIDAVIT [California Code of Civil Procedure §2015.5] I, employed by the City of Huntington Beach's Department of Public Works in the position of posted, on , 200 , that certain document titled PUBLIC NOTICE-PROPOSED MARKED CROSSWALK REMOVAL, at the following location(s) within the City of Huntington Beach 1. ; 2. ; 3. ; 4. ; The posted PUBLIC NOTICE-PROPOSED MARKED CROSSWALK REMOVAL, concerned the proposed removal of a marked crosswalk(s) at: 1. 2. ; 3. I declare, under penalty of perjury, that the foregoing is true and correct. Dated this day of 200_at Huntington Beach, California 01reso/crosswalk attach/tW5/03 Res. No. 2001-78 ATTACHMENT E of Exhibit 1 Huntington Beach Municipal Code §2.111.030(i) states: (i) 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 fled,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. Res. No. 2001-78 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-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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of October, 2001 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (out of room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California