HomeMy WebLinkAboutOrdinance 3609 - Provides Authority for Public Works Directo U'd r�61t y
CITY OF HUNTINGTON BEACH &PL
MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER:PW-03-030
Council/Agency Meeting Held:sf/`lfos
Deferred/Continued to: ¢
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature
vc tln..
Council Meeting Date: May 19, 2003 Department ID Number: PW-03-030
CITY OF HUNTINGTON BEACH 4
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r '
SUBMITTED BY: RAY SILVER, City Administratord�i�
J REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works . t
SUBJECT: ADOPT AN ORDINANCE AMENDING CHAPTER 2.56 OF THE
MUNICIPAL CODE RELATING TO THE PUBLIC WORKS
DEPARTMENT A)a . 3605
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The current Huntington Beach Municipal Code, Chapter 2.56, does
not provide authority for the Public Works Department to issue Administrative Citations in
order to enforce various ordinances and regulations managed by the Department.
Funding Source: No funding is required. Minor annual revenues are possible.
Recommended Action: Motion to adopt Ordinance No. ,3 6 d Cf , an ordinance of the
City of Huntington Beach, amending Chapter 2.56 of the Municipal Code relating to the
Public Works Department. �/j�
,op; v-e--( 2�v 4 �// s;/7a 3
Alternative Action(s): Deny the recommended action.
Analysis:
Adopting the ordinance will provide the Director of Public Works the authority to manage
"administration and enforcement of appropriate sections of Title 8 (Health and Safety), Title
12 (Streets and Sidewalks), Title 13 (Public Property) and Title 14 (Water and Sewers) of the
Huntington Beach Municipal Code". This authority will provide the Department a valuable
tool for various enforcement actions. Primarily, the citation will be used to discourage
offenders from repeatedly violating City water quality ordinances and regulations. The
administrative citation includes a monetary fine of $100, $200 or $500. The amount of the
G:\R C A\2003\03-030 May 19 Lucas(Adopt New Ordinance for Admin Cit).doc -
5/7/2003 10:52 AM ` ��
{
REQUEST FOR COUNCIL ACTIONP
MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER:PW-03-030
fine can vary according to the severity or frequency of the violation and the cooperation of the
violator. The citation will be used in situations when the current approach fails to obtain
compliance.
The Public Works Department is developing a consistent approach to identify, document, and
respond to water quality violations. Currently, the first approach promotes cooperation
through education and outreach. The Department has found that approximately 80% of the
violations will be corrected through this process. If the violator fails to comply, or the severity
of the violation warrants formal action, a documented, formal notice is issued.
In general, the order of formal notices issued are 1) Notice of Non-Compliance, 2)
Administrative Compliance Order, and 3) Cease and Desist Order. In selecting enforcement
options, the inspector ensures that violations of a similar nature are subjected to similar
enforcement remedies in order to avoid claims or selective enforcement of the ordinances.
However, a more severe enforcement option may be used when a violator has either a
history of noncompliance or has failed to take good faith actions to eliminate continued
violations or to meet a previously imposed compliance schedule. Generally the first formal
notice issued is a Notice of Noncompliance, however, this is not the first enforcement method
used if egregious or unusual circumstances indicate that a stronger enforcement method is
appropriate. In these circumstances, an Administrative Citation can be issued.
None of the current, formal documented enforcement actions result in a fine being assessed
to the violator and, therefore, repetitive incidents can and do occur in the City. Such
situations deplete resources and focus staff time on redundant activities. Administrative
Citations will allow the Public Works Department staff to be more effective with their
enforcement efforts. Citations will be issued consistent with the Planning Department Code
Enforcement Process. At this time, water quality issues are the only violations that will be
cited. The fines will generate a small revenue stream, estimated to be $2,000 per year that
will fund the extra enforcement required for gross violations and repetitive situations. The
City Attorney's office staff will train Public Works personnel participating in the administrative
citation process. Additional training will be implemented as deemed necessary.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number . Description
1 Ordinance No. ,3&O q
RCA Author: Geraldine LucasJrn
G:\R C A\2003\03-030 May 19 Lucas(Adopt New Ordinance for Admin Cit).doc -3-
5/7/2003 10:52 AM
ATTACHMENT # 1
0
ORDINANCE NO. 3609
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.56 OF THE HUNTINGTON BEACH MUNICIPAL.
CODE RELATING TO THE PUBLIC WORKS DEPARTMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.56.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.56.030 Director--Powers and duties. The Director of Public Works shall be the head of
the Public Works department, and shall be appointed by the City Administrator, subject
to approval by a majority vote of the City Council. The director shall have the following
powers and duties:
(a) Plans, organizes, directs and coordinates all divisions, programs and activities of the
Public Works department.
(b) Determines and directs department policies, procedures, and organization.
(c) Establishes and maintains systems for public flood control, sewers, streets, parks, city
facilities, potable water,landscape services and basic public health and safety.
(d) Assists boards, commissions and committees which encourage,foster,promote and
facilitate the objectives of the department including, but not limited to,the Planning
Commission, Community Services Commission, Public Works Commission,
Subdivision Committee, Board of Zoning Adjustments, or appoints deputy so to
assist.
(e) Investigates and authorizes purchase of materials, services and equipment necessary
to implement and operate department activities within the scope of the department
budget.
(f) Communicates department plans, policies and activities to various governmental
agencies and civic groups in the advancement of department objectives under the
direction of the City Administrator.
(g) Prepares, submits and administers department budget.
(h) Investigates, analyzes, and makes recommendations as to construction or
improvement bids on Public Works projects, and administers the contract upon
approval of the City Council.
(i) Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution.
(j) Administration and enforcement of appropriate sections of Titles 8, 12, 13 and 14 of
the Huntington Beach Municipal Code.
03ord/chap 2-56/4/8/03 1
SECTION 2. 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 2nd day of June , 2003.
Mayor
ATTEST:
406;11 APPROVED AS TO FORM:
City Clerk
City Attorney qlglb3
REVIEWED AND APPROVED:
IATE AND APPRO
City Ad inistrator
Director of Public Works
03ord/chap 2-56/4/8/03 2
Ord. No. 3609
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 ordinance was read to said City Council at
a regular meeting thereof held on the 191h day of May, 2003, and was again read to said
City Council at a regular meeting thereof held on the 2"d day of June,2003, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,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 li V}Q I l n
., ,2003.
In accordance with the City Charter of said City
+' Connie
(�Brockway. Ci Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
0
ORDINANCE NO. 3�0 •
LEGISLATIVE DRAFT
Chapter 2.56
PUBLIC WORKS DEPARTMENT
(964-6/63,2591-1/83,3319-1/96)
Sections:
2.56.010 Establishment
2.56.020 Objectives
2.56.030 Director--Powers and duties
2.56.040 Appointment of subordinates
2.56,050 Fees and charges
2.56.060 Annual budget
2.56.070 Terms
2.56.010 Establishment. There is hereby established a Department of Public Works. (964-6/63,
2591-1/83)
2.56.020 Obiectives. The objectives of the department shall be as follows:
(a) To develop, facilitate, and maintain a community facilities element of city's general plan for
ample and sufficient master plan for sewers, flood control, water, public facilities and
landscaping.
(b) To produce, transmit, and distribute water meeting state quality standards and consumer
demands to property owners and residents of the city.
(c) To provide appropriate and efficient preventive and restoration maintenance to city facilities,
streets, sewers, storm drains, parks, water systems, vehicles and equipment in order to
maintain clean, adequate, effective, safe conditions.
(d) To provide fuel and fueling facilities for equipment of the city.
(e) To provide and maintain engineering services in accordance with applicable state and city
codes, criteria, standards, rules and regulations.
(f) To ensure all construction within public rights-of way and private streets in planned
developments complies with contractual obligations and adopted city standards.
(g) To provide and facilitate a safe, efficient, smooth, orderly flow of vehicular and pedestrian
traffic on the streets and highways of the city.
(h) To provide and ensure landscape plan check, inspection, design and maintenance services
pursuant to adopted city standards.
(i) To utilize contractual services where appropriate, cost-effective and available.
0) To develop, facilitate, maintain and cooperate under joint powers agreements in the
advancement of sound public works plans, projects, tasks and undertakings as directed by the
City Council. (964-6/63,2591-1/83)
2.56.030 Director--Powers and duties. The Director of Public Works shall be the head of the
Public Works department, and shall be appointed by the City Administrator, subject to approval
by a majority vote of the City Council. The director shall have the following powers and duties:
3319-2196)
Iegisdrft/mc0256/4/8/03
(a) Plans, organizes, directs and coordinates all divisions, programs and activities of the Public
Works department.
(b) Determines and directs department policies, procedures, and organization.
(c) Establishes and maintains systems for public flood control, sewers, streets,parks, city
facilities, potable water, landscape services and basic public health and safety.
(d) Assists boards, commissions and committees which encourage, foster, promote and facilitate
the objectives of the department including, but not limited to, the Planning Commission,
Community Services Commission, Public Works Commission, Subdivision Committee,
Board of Zoning Adjustments, or appoints deputy so to assist. 3319-2/96)
(e) Investigates and authorizes purchase of materials, services and equipment necessary to
implement and operate department activities within the scope of the department budget.
(f) Communicates department plans, policies and activities to various governmental agencies
and civic groups in the advancement of department objectives under the direction of the City
Administrator.
(g) Prepares, submits and administers department budget.
(h) Investigates, analyzes, and makes recommendations as to construction or improvement bids
on Public Works projects, and administers the contract upon approval of the City Council.
(i) Performs such other duties and has such other powers as the City Council may establish
hereafter by resolution. (2591-1/83)
(j) Administration and enforcement of appropriate sections of Titles 8, 12, 13
and 14 of the Huntington Beach Municipal Code.
2.56.040 Appointment of subordinates. The director, with the approval of the City
Administrator, shall appoint all other officers, assistants, deputies and employees of the Public
Works department. (2591-1/83)
2.56.050 Fees and charges. The director has authority to charge reasonable fees for use of
department services, materials and city facilities to help defray public expense when such fees are
established by resolution of the City Council. (2591-1/83)
2.56.060 Annual budget. The City Council shall annually establish a Public Works budget.
(2591-1/83)
2.56.070 Terms. Whenever the terms "Sewer Department, Sanitation Department, Water
Department, Street Department, Traffic Department, and Engineering Department" are used in
this code, or in any resolution adopted by the City Council, they shall be deemed to mean and
read "Public Works Department." Whenever the terms "Sanitation Superintendent, Street
Superintendent, Water Superintendent and City Engineer" appear in this code, they shall be
deemed to mean and read "Director of Public Works." (2591-1/83)
le;lsdrft/mc0256/4/8/03 2
FAX FROM:
CONNIE BROCKWAY, CITY CLERK
J J CITY CLERK'S OFFICE
CITY OF HUNTINGTON BEACH
�--_ P.O. Box 19012000 Main Street
* Huntington Beach, CA 92648
Ph. (714) 536-5227
HUNTINGTON BEACH Fax (714)`374-1557
Fax #: 949-646-5008 Date: .1, 0.3
Number of Pages (includingcoverpage): B Q(((� De put Ci Clerk
To: INTERNET ADDRESS:
H.B. Independent
vw
Mike (Legals) vw.surfcity-hb.org
Phone: 949-574-4251 *** HB INFOLINE: 714 374-4800 ***
11 ❑ 11 11 ❑ 11 11 ❑ ❑ ❑
(�rdli Rafts e Igo. �(aO�i �y►�o S .
h�
g:/forms/97forms/fax-hbindependent
• H.ON D.EPENDENT
PUBLISH DATE: 6/12/03
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3609
Adopted by the City Council on June 2,2003
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.56 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE PUBLIC WORKS"
SYNOPSIS:
Ordinance No. 3609 amends the Huntington Beach Municipal Code to provide authority for the Public
Works Director to issue Administration Citations in order to enforce various ordinances and regulations
managed by the Public Works Department.
COPIES OF THE FULL TEXT OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S
OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
June 2, 2003 by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman,Cook, Houchen, Hardy
NOES: None
ABSENT: None
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g lSynoposis/2002syn3609
H..INDEPENDENT
PUBLISH DATE: 1
CITY OF HUNTINGTON BEACH
LEGAL NOTICE q
ORDINANCE NO. 36840- -3(0 /
Adopted by the City Council on S,✓„e z� x3
_. _%Puud = "An Ordinance of the City of Huntington Beach Amending
Chapter 2.56 of the Huntington Beach Municipal Code Relating to the Public Works
br,N+IA-kE-F-ub-: ;L-F_ iUN-�hHn ,c.�L-on
Q iv
lie- t` ,.��
COPIES OVHIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
Ocl bef�� by the following roll call vote:
AYES: 51"M L *"- �je.�ca�..✓ G ,� �0�
NOES: BtMTl7n an 4-V)-j -k. �14 i A/avc ZA1.1
ABSENT: —_HtU0kaQ "'t4n'1`
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g:/Synoposis/2002FT3581