HomeMy WebLinkAboutBoards and Commission Amendments - Ordinance 3851 - Amends C Authorized to Publish Advertisements of all kinds including public notices by CITY OF
Decree of the Superior Court of Orange County,California.Number A-6214, HUNTINGTON BEACH
September 29,1961,and A-24831 June 11, 1963. IEGALNOTICE
ORDINANCE NO.38SI
Adopted by the
Cittyy Council on
DECENIBER 21,2009
PROOF OF PUBLICATION 'ANCITY
ORDINANCE OF THE;
CITY OF HUNTINGTON:
BEACH AMENDINGi
CHAPTERS 2.102, 2.107'
AND 2.111 OF THE HUN-
TINGTON BEACH MU-
NICIPAL CODE RELAT-
ING TO DUTIES
STATE OF CALIFORNIA) POWERS OF THE ENVID--,
RONMENTAL BOARD,
SS. THE HISTORIC RE-
SOURCES BOARD AND,
COUNTY OF ORANGE ) COMMSSON° WORKS
RESPEC-
TIVELY"
SYNOPSIS:
THE INTERGOVERNMEN-
TAL
COM-
am a Citizen of the United States and a MITTEEELATIONS(IRC)REVIEW D
CITY COUNCIL ADVISO-
resident of the County aforesaid; I am RY BOARDS AT THEIRFEBRU '
over the age of eighteen ears, and not a MARCH. RY 23 AND
g 9 y NGS. THE IRC CONSID-
ERED
art to or interested in the below entitled POTENTIAL
party CHANGES AND RECOM- '
MENDED THAT IT IS
matter. I am a principal clerk of the MORE APPROPRIATE
FOR THE HISTORIC RE-
NEWPORT BEACH - COSTA MESA SOURCES BOARD (HRB)
DAILY PILOT, a newspaper of general TAUSPICES OF THE
o FALL UNDER .THE
PLANNING DEPART-
MENT
circulation, printed and published in the THE RATHER THAN
p p THE COMMUNITY SER-
VICES DEPARTMENT I
City of Costa Mesa, County of Orange, AND RECOMMENDED
State of California, and that attached CHANGES TO THE,DII;
TIES OF THE',ENVIRON-
MENTAL`BOARD ,AND '
Notice is a true and complete Copy as ;THE 'PUBLIC
A
IC, WORKS
COMMHE
was printed and published on the IMAY 18 C'TY'COLNCIL
STUDY SESS, COUNCIL:REVIEWED, '
following dates: MEN ATIONS EOF C�E !
IRC.'
i ON AUGUST.3, CITY
COUNCIL DIRECTED
!STAFF TO MEET WITH
THE IMPACTED BOARDS
December 31 2009 AND COMMISSION AND
, ;DISCUSS 'THE PRO- '
'POSED CHANGES. THE
LANGUAGE IN ORDI-
;NANCE. NO. 3851 HAS
BEEN REVIEWED BY THE .
RESPECTIVE BOARDS
AND COMMISSION AND,'
IS SATISFACTORY WITH '
THOSE BODIES.
;PASSED AND .ADOPTED
I declare, under penalty of perjury, that by the City Council ofi
the.City of Huntington,
the foregoing is true and correct. Beach at a regular!.
meeting held December'
21, 2009 by the follow-
ing roll call vote: .11
Executed on January 4, 2009 at AYES:Ca Green,-
r,
Hardy, Green,- B Boohhr,,
Dwyer,Hansen ..
NOES:None
Costa Mesa, California. ABSTAIN:None
ABSENT:None
THE FULL TEXT OF'THE
r ORDINANCE IS AVAIL-
ABLE IN .THE CITY
�~ CLERK'S OFFICE.
This ordinance Is ef-
I u re fective'30 days after
x7 adoption.
L�9 - CITY OF
HUNTINGTON BEACH
i 2000 MAIN STREET
`.. " HUNTINGTON BEACH,
CA 92648
- 714-536-5227
T JOAN L.FLYNN,
CITY CLERK
'c.a Published Huntington
Beach Independent De-
cembet 31, 2009 125-
232'
Council/Agency Meeting Held: /7-4 00
Deferred/Continued to: —b Id,Ioi/Abo
*p oved ❑ Conditionally Approved ❑ Denied y ler ' Ignatur
Council Meeting Date: 12/7/2009 Department ID Number: 09-026
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Co '1 Members
SUBMITTED BY: Fred A. Wilson, City Admin' r
PREPARED BY: Paul Emery, Deputy City Ad i istratorr; °,�f � .r.
SUBJECT: Boards and Commission Amendments l �
S tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Council has directed staff to return with changes to the
Historic Resources Board (HRB), the Environmental Board and the Public Works
Commission. The proposed ordinance amends the support department for the Historic
Resources Board and adds duties to the Environmental Board and Public Works
Commission.
Funding Source: N/A
Recommended Action: Motion to:
Adopt 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 the
Duties and Powers of the Environmental Board, the Historic Resources Board and the Public
Works Commission.
Alternative Action(s):
Do not adopt the ordinance and provide alternative direction to staff.
Analysis: The Intergovernmental Relations Committee (IRC) reviewed City Council advisory
boards at their February 23 and March 23, 2009 meetings. The IRC considered potential
changes and recommended that it is more appropriate for the Historic Resources Board
(HRB) to fall under the auspices of the Planning Department rather than the Community
Services Department and recommended changes to the duties of the Environmental Board
and the Public Works Commission. At the May 18 City Council Study Session, Council
reviewed the recommendations of the IRC.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/7/2009 DEPARTMENT ID NUMBER: 09-026
On August 3, City Council directed staff to meet with the impacted Boards and Commission
and discuss the proposed changes. The language in the attached ordinance has been
reviewed by the respective Boards and Commission and is satisfactory with those bodies:
It is recommended that City Council approve the ordinance to transfer the Historic
Resources Board to the Planning Department and amend the duties of the Environmental
Board and Public Works Commission.
Strategic Plan Goal: Improve Internal and External Communication
Environmental Status: N/A
Attachment
(sj:
Gity
1. 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
2. Legislative Draft
-3- 11/20/2009 9:59 AM
ATTACHMENT 1
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. (3318-2/96,3591-1103)
(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-
1103)
(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 21st day of D cember 2009
Ma
INITIATED AND APPROVED AS TO
ATTEST: FORM:
rff
City Clerk VCi y Attorney
REVIE D APPROVED:
ministrator
09-2248/40530 3
Ord. No. 3851
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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
Joan L. Flynn,City Clerk ty Clerk and ex-offici lerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT 2
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ORDINANCE NO. 3851
LEGISLATIVE DRAFT
Chapter 2.102
ENVIRONMENTAL BOARD
(2385-7/79,2392-10/79, 2893-4/87, 2938-5/88,3358-7/97)
Sections:
2.102.010 Established
2.102.020 Composition
2.102.030 Removal of members
2.102.040 Advisers and assistants to Environmental Board
2.102.050 Powers and duties generally
2.102.060 Bylaws
2.102.010 Established. There is hereby created for the City of Huntington Beach the
Huntington Beach Environmental Board hereinafter referred to as the Environmental
Board. (2385-7/79)
2.102.020 Composition. The Environmental Board 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. (2893-4/87,2392-10/79,
2385-7/79, 3358-7/97)
2.102.030 Removal of members. Any member of the Environmental Board, 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 Environmental Board
shall be vacated if such member absents himself from three consecutive regular meetings
of the Environmental Board, unless by permission of such Environmental Board, or ceases
to continue to comply with the requirements of new members as to residence and/or voter
registration. (2385-7/79)
2.102.040 Advisers and assistants to Environmental Board. The Environmental Board
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 Environmental Board. The Environmental Board may have as many ex-officio
members, without the power to vote, as may be appointed by the City Council. The
Environmental Board may make investigations and employ persons, subject to the approval
of the City Council, as it may deem necessary to perform its duties and functions.
(2385-7/79)
2.102.050 Powers and duties generally. The Environmental Board shall be empowered
and have the duty to:
09-2187.001/40418 1
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DELETIONS Stfi� gh-
(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 sustainabilitv. economic. ecological and social environments of
Huntington Beach.
(e) Te "erf f (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)
2.102.060 Bylaws. The board may establish bylaws, and amendments thereto, subject to
prior submission to and approval by the City Council. (2938-5/88)
09-2187.001/40418 2
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ORDINANCE NO. 3851
LEGISLATIVE DRAFT
Chapter 2.107
HISTORIC RESOURCES BOARD
(2895-5187, 3083-12/90, 3718-8/05)
Sections:
2.107.010 Establishment
2.107.020 Purposes
2.107.030 Attendance
2.107.040 Operating Policies
2.107.050 Secretary
2.107.060 Authority and Responsibilities
2.107.070 Meetings - Quorum
2.107.080 Acceptance of gifts
2.107.090 Mayor Ex-officio member
2.107.100 Election of officers
2.107.010 Establishment. There is hereby established the Huntington Beach Historic
Resources Board, to consist of not less than seven(7) nor more than eleven(11) members, to be
appointed to serve terms of four years. (2895-5/87)
2.107.020 Purposes. The purposes of the board shall be to:
(a) Act as an advisory body to the City Council on matters pertaining to historic issues and
services. (3083-12/90)
(b) Encourage and promote programs and activities that enhance public awareness of community
historic resources. (3083-12/90)
(c) Cooperate with other city agencies such as the Community Services Commission and the
Planning Commission, to insure that historic preservation and services are considered in the
planning for the future development of the community. (3083-12/90)
(d) Act as a liaison to Council for local, state, and federal groups and agencies whose interest
involves historic issues. (3083-12/90)
2.107.030 Attendance. Regular attendance at meetings is required of all members to enable the
board to discharge its duties. A member absent from three (3) consecutive meetings, without
consent of the chairman, or from five (5)meetings in a twelve month period, shall be deemed to
have resigned from the board, and immediate notification shall be given to the Mayor and City
Council of such vacancy. (3083-12/90)
2.107.040 Operating policies. The board shall conform to the operating policy for boards and
commissions as contained in the Huntington Beach Municipal Code. (3083-12/90)
2.107.050 Secretary. The Director of Gamfflun4y Seviiees 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. (3083-12/90)
Huntington Beach Municipal Code Chapter 2.107 Page 1 of 2
09/2248/39279
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2.107.060 Authority and Responsibilities. The board shall act in an advisory capacity to the
City Council in all matters pertaining to historic issues by: (3083-12190)
(a) Studying, interpreting and reporting to City Council on historic issues and activities
appropriate to the City. (3083-12/90)
(b) Encouraging financial support from the community for historic programs and facilities.
(3083-12/90)
(c) Reviewing the annual budget as presented to City Council. (3083-12/90)
(d) Performing other functions and cooperating with other civic organizations as required.
(3083-12/90)
(e) May request from city staff and outside sources, via the secretary, reports and
recommendations for action consistent with the purposes and functions set forth in this and
preceding sections. (3083-12/90)
2.107.070 Meetings - Quorum. The board shall meet at such time and place as it may fix by
resolution. All meetings shall be open to the public and comply with all provisions. A majority
of the board shall constitute a quorum for the transaction of business. (3083-12/90)
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 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. (3083-12/90, 3718-8/05)
2.107.090 Mayor Ex-officio member. The Mayor may be an ex-officio member of the board or
may appoint a representative to act as an ex-officio member. (3083-12/90)
2.107.100 Election of officers. The board shall elect from its members a Chairman and Vice
Chairman at the regular June meeting. Such officers shall serve for one year or until their
successors are elected. The Chairman may only serve two consecutive terms. The Chair and
Vice Chair may make and second motions and shall have a voice and vote in all proceedings.
(3083-12/90)
Huntington Beach Municipal Code Chapter 2.107 Page 2 of 2
09/2248/39279
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ORDINANCE NO. 3851
LEGISLATIVE DRAFT
Chapter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96;3490-1/01,3506-10/01,3515-12/01,3591-1/03)
Sections:
2.111.010 Commission established
2.111.020 Non-Interference
2.111.030 Duties
2.111.040 Records of commission
2.111.050 Members
2.111.060 Appointment/Composition
2.111.080 Vacancies--Retirement
2.111.100 Quorum proceedings
2.111.110 Bylaws
2.111.120 Advisors
2.111.130 Operating policies
2.111.140 Brown Act
2.111.010 Commission established. There is hereby established a Public Works Commission
in and for the City of Huntington Beach which shall be known as the Public Works Commission
of the City of Huntington Beach. The authority to create a Public Works Commission is derived
from the Huntington Beach City Charter Section 405. (3318-2/96)
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 Administrator for the administration and execution of Public Works
affairs. (3318-2/96)
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)
09-2016/31922 1
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(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 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. (3515-12/01,3591-1103)
(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.
2.111.040 records of commission. Accurate and permanent records of the acts of the
Commission shall be kept, and such records shall have the same status as records of other
departments of the city. (331 a-2/96)
2.111.050 Members. The Public Works Commission shall consist of seven(7) members who
shall be residents of the City of Huntington Beach and shall not be officers or employees of the
city and no member of the commission may have any interest in any contract with the city either
during such member's terms of office or for a period of one (1)year after the cessation of such
service. Members who are employees of firms which contract with the city shall be deemed to be
09-2016/31922 2
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interested in such contracts excepting when such interest is remote, as defined in Article 4,
Chapter 2, Division 4, Title 1 of the California Government Code. (331 a-2/96)
2.111.060 Appointment and composition. All members shall serve without compensation, may
hold no other office or employment in City Government, and no other employment which is
incompatible with Commission Service. Each City Council member shall appoint one member
of the Commission to serve the same term as the City Council member. The term shall coincide
1/03
09-2016/31922 3
KEY
INSERTIONS: Double underline
DELETIONS & ilk
Huntington Beach Municipal Code 2.111.060—2.111.140
with the term of the City Council member making the appointment. The first two terms expiring
shall be appointed by the two first term City Council members. Thereafter, selection shall be
made upon expiration of terms, and shall be by lot drawn among the remaining Council
members. (3318-2/96;3490-1/01)
2.111.080 Vacancies—Retirement. In the event a member retires or is unable to complete
his/her term, an appointment shall be made to fill the remainder of such member's unexpired
term. (3318-2/96;3490-1/01)
2.111.100 Quorum proceedings. A majority of the members of the Commission in office shall
constitute a quorum. A majority vote of the members present and voting, where a quorum is
present at any regular or special meeting, is required to carry a motion,proposal or resolution.
(3318-2/96)
Upon demand of any member, the roll call shall be called for yeas and nays upon any questions
before the Commission. Roberts' Rules of Order Revised shall govern the procedure of meetings
of the commission unless inconsistent with other provisions of this chapter. (3318-2/96)
2.111.110 Bylaws. The Public Works Commission shall adopt such bylaws and rules as it
deems necessary to provide for its officers and their method of selection of time and place of
meetings and for such other matters relative to its work and administration of its duties which are
not otherwise provided for by statute or ordinance. (3318-2/96)
2.111.120 Advisors. The Public Works Commission may request of the Director of Public
Works the attendance at its meetings of any officer or employee of the city to assist the
commission in its deliberations in an advisory capacity but who shall not have the authority to
vote upon any matter being considered by the commission. (3318-2/96)
2.111.130 Operating policies. Except as otherwise provided in this chapter, the board shall
conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this
code. (3318-2/96)
2.111.140 Brown Act. The Board shall be governed by the provisions of the Brown Act
(Government Code§54950, et seq.). (3318-2/96)
09-2016/31922 4
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Boards and Commission
COUNCIL MEETING DATE: December 7, 2009
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorne ) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable ❑
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Ap licable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATIOH FOR RISSI"C ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Deputy City Administrator Initial )
City Administrator Initial
City Clerk )
EXPLANATION FOR RETURN OF ITEM:
(Below •
RCA Author: Emery