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HomeMy WebLinkAboutApprove for Introduction: Ordinance No. 4057 Creating the Ci 7, V CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: May 4 , 2015 SUBMITTED TO: Honorable Mayor and City Councilmembers SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Michael E. Gates, City Attorney SUBJECT: Approve for Introduction: Ordinance No, 405 7, Creating the Citizens Infrastructure Advisory Board;and Ordinance No. -056, Creating the Finance Commission; and Ordinance No. , Changing the Duties of the Public Works Commission Statement of Issue: On April 20, 2015, the City Council directed the City Attorney to draft ordinances for City Council review to: 1) create the Citizens Infrastructure Advisory Board; 2) create the Finance Commission; and 3) change the duties of the Public Works Commission to remove its current duties that will now be performed by the new Citizens Infrastructure Advisory Board. Financial Impact: N/A Recommended Action: Approve for Introduction: 1) Ordinance No. 4057 An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.103 Entitled"Citizens Infrastructure Advisory Board." 2) Ordinance No, 4056 An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.109 Entitled "Finance Commission." 3) Ordinance No. 4055, An Ordinance of the City of Huntington Beach Amending Section 2.111.030 the Huntington Beach Municipal Code Regarding Duties of the Public Works Commission. Alternative Action(s): Do not approve any or all of the ordinances for introduction. Environmental Status: N/A Strategic Plan Goals: Enhance and maintain infrastructure; strengthen economic and financial sustainability. Attachment(s): 1) Ordinance No. 4057, An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.103 Entitled "Citizens Infrastructure Advisory Board." 2) Ordinance No. 4056, An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.109 Entitled "Finance Commission." 3) Ordinance No. 4055 An Ordinance of the City of Huntington Beach Amending Section 2.111.030 the Huntington Beach Municipal Code Regarding Duties of the Public Works Commission. 15-4698/120630 xB -637- Item 13. - 1 I A H LN -1 C ORDINANCE NO. 4 0 5 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.103 ENTITLED"CITIZENS INFRASTRUCTURE ADVISORY BOARD' The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.103 entitled"Citizens Infrastructure Advisory Board'to read as follows: 2.103.010 Creation. There is hereby created a Citizens Infrastructure Advisory Board. 2.103.020 Composition. The Board shall consist of seven(7) members. Each City Council Member shall appoint one member of the Commission to serve the same term as the City Council member. The Board shall adopt such bylaws and rules as it deems necessary to provide for its chair and officers and their method of selection, 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. 2.103.030 Purpose. The Board shall act in an advisory capacity to the City Council in matters pertaining to infrastructure. 2.103.040 Duties. The Board shall have the duty to: A. Pursuant to City Charter Section 617(c), 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. B. Perform such other duties or studies as may be directed by the City Council. 2.103.050 Authority. A. It is intended that the Board act only in an advisory capacity and not be vested with final authority regarding infrastructure matters. 15-4698/120461.doc I Ordinance No . 4057 B. The Board shall not interfere with the duties of any elected or appointed officer or employee. 2.103.060 Operating Policies. Except as otherwise provided in this Chapter, the Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. The Board should meet monthly in the quarter prior to release of the annual budget. 2.103.070 Financial Disclosure. In accordance with California Law, members of the Board shall be required to file appropriate statements of economic interest. 2.103.080 Brown Act. Meetings of the Board shall be subject to the open meeting law. (Government Code Section 54950.) SECTION 2. This ordinance shall become effective thirty (30) days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 t play of Ma y , 2015. V ATTEST: APPROVED AS 0 aiiy Clerk ity Attorney 4 0". s• REVIE D APPROVED: 1N IATED AND APPROVED: y ager Director of Public Works 15-4698/120461.doc 2 Ord. No. 4057 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. Flvim, City Clerk Cit#lerk and ex-officio erk Senior Do=City Clerk of the City Council of the City of Huntington Beach, California AT�fACH M- E N T iF2 ORDINANCE NO. 4056 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.109 ENTITLED "FINANCE COMMISSION" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding new Chapter 2.109 entitled"Finance Commission"to read as follows: 2.109.010 Creation. There is hereby created a Finance Commission. 2.109.020 Composition. The Finance Commission shall consist of seven(7) members. Each City Council Member shall appoint one member of the Commission to serve the same term as the City Council member. The Commission shall adopt such bylaws and rules as it deems necessary to provide for its Chair and officers and their method of selection, 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. 2.109.030 Purpose. The Finance Commission shall act in an advisory capacity to the City Council in matters pertaining to financial planning. 2.109.040 Duties. The Finance Commission shall have the duty to: A. Review and make recommendations regarding: 1. Fiscal Policies, Financial Planning and Funding, 2. Annual adopted budget, 3. Proposals related to financial matters, 4. Fiscal impacts of major projects, 5. Service contracts on an as-needed basis, and 6. Proposed State or Federal Legislation which impacts the City's finances. B. Perform such other duties or studies as may be directed by the City Council. 15-4698/120456.doc I Ordinance No . 4056 2.109.050 Authority. A. It is intended that the Finance Commission act only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds. B. The Finance Commission shall not interfere with the duties of any elected or appointed officer or employee. 2.109.060 Operating Policies. Except as otherwise provided in this Chapter, the Commission shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. The Commission should meet once per month. 2.109.070 Financial Disclosure. In accordance with California Law, members of the Finance Commission shall be required to file appropriate statements of economic interest. 2.109,080 Brown Act. Meetings of the Finance Commission shall be subject to the open meeting law. SECTION 2. This ordinance shall become effective thirty(30) days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 t h day of May , 2015. Mayo ATTEST: APPROVED A O CORM: e ty Clerk City Attorney REVIE D APPROVED: ITIAT D AND APPROV �ity ager Director of Finance 15-4698 J 120456.doc 2 Ord. No. 4056 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-of iicio 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, Ci, Clerk City perk and ex-officio Ferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California .4among M' M mmm N ='m #10% , 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 proj ect. 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. 15-4698/120457.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) 1 5-4698/120457.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 k. Beach at a regular meeting thereof held on the 18 t lday of Ma_, 201 Mayor ATTEST: APPROVED FORM: ity Clerk City Attorney REVIE D APPROVED: ITIATED AND APPROVED: �YyAloager Director of Piblic Works 15-4698/120457.doc 3 Ord. No. 4055 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF IIUNTINGTON 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 Ci lerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No . 4055 LEGISLATIVE DRAFT r � MUNICIPAL CODEf'1 r_ 0 Title 2 ADMINISTRATION AND PERSONNEL " Chapter 2 111 PUBLIC kRKS COMM3I8-SION -. _ T' ff 2.111.030 Duties 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. I. Reserved. Aetingthe eapaeit., of the Citizens l f ast...,,.wfe n dyisefy R, a fd o duet an G it pfieF to the Git. G il's adoption of the o g fis al year budget. 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)