HomeMy WebLinkAboutOrdinance 3886 - Amend Chapter 2.111 of HBMC relating to set PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
I CITY OF HUNTINGTON BEACH
COUNTY F O RANGE � LEGAL NOTICE
® ) 1 ORDINANCE NO.3886 i
Adopted by the City Council on APRIL 4,2011
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH .AMENDING
am a citizen of the United States and a CHAPTER 2.111 OF THE HUNTINGTONOF THE
BEACH MUNICIPAL CODE RELATING
TO DUTIES AND POWERS OF THE PUBLIC WORKS COMMISSION"
P SYNOPSIS:
resident of the County of Los Angeles; I I THE CHANGES ,TO SECTION 2.11.030 (1) OF THE HUNTINGTON BEACH
MUNICIPAL CODE MODIFY THE CODE CONCERNING APPEALS OF THE
am over the age of eighteen years, and PUBLIC WORKS COMMISSION'S DECISIONS REGARDING THE REMOVAL OF
CROSSWALKS., PREVIOUSLY THE CODE SECTION STATED THAT ANY
not a party to or interested in the notice + PERSON WHO DISAGREED, WITH THE DECISION OF THE PUBLIC WORKS
COMMISSION COULD APPEAL THE DECISION BY FILING AN APPEAL.WITH
published. I am a principal clerk of the THE CITY CLERK, WHO WOULD THEN CAUSE THE MATTER TO BE SET
FOR HEARING.BEFORE THE CITY COUNCIL.:THE CITY CLERK ACCEPTS
APPEALS, BUT THE SETTING OF.HEARINGS DATES IS THE PURVIEW OF
HUNTINGTON BEACH
THE CITY MANAGER. ORDINANCE`NO. 3886 CORRECTS VERBIAGE TO
.INDEPENDENT, which .was adjudged.a ALLOW THE CITY MANAGER TO PLACE THE APPEAL ON THE COUNCIL
AGENDA AND THEREBY CODIFIES CURRENT.PRACTICE.
newspaper of general circulation on PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting held April 4, 2011 by'the following roll call
September 29, 1961, case A6214, and vote: :
AYES:Shaw,Harper,Hansen,Carchio,Bohr,Boardman
June 11, 1963, case A24831, for the NOES:
None
City of Costa Mesa, County of Orange, ABSENT:None
THE FULL TEXT OF,THE�ORDINANCE IS AVAILABLE IN THE CITY CLERK'S
:
and the State of California. Attached to OFFICE
This ordinance Is®ffecti„e30dca%ysafteradopption.
this Affidavit is a true and complete copy CITY OFHUNTINGTONBEACH
2000 MAIN STREET
as was printed and published on the HUNTINGTON BEACH,CA 92648
714-536-5227
following date(s): JOAN L.FLYNN,CITY CLERK
Published Huntington Beach Independent April 14,2011
Thursday, April 14, 2011
1 certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Executed on June 27, 2011
at Los Angeles, California
ctil
Signature
KEY
INSERTIONS: Double underline
DELETIONS tfi
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
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. (3318-2/96)
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
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)
Huntington Beach Municipal Code Chapter 2.111 Page 3 of 3
09-2386142451 2
HB 1 77.- Item 13. ❑ ❑
Council/Agency Meeting Held: 2,0//
Deferred/Continued to: r! q/���o
t.Ap oved ❑ Conditionally Approved ❑ Denied , CiWClefk'9SignatLd
-T
Council Meeting Date: March 21, 2011 Department ID Number: CK 11-002
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Joan L. Flynn, CIVIC, City Clerk
PREPARED BY: Joan L. Flynn, CIVIC, City Clerk
SUBJECT: Approve for introduction Ordinance No. 3886 amending Chapter 2.111
of the Huntington Beach Municipal Code relating to the setting of
appeal hearings on Public Works Commission's decisions to remove
crosswalks.
Statement of Issue: The City Clerk is recommending that Section 2.111.0300) of the
Huntington Beach Municipal Code be modified to correct the section relating to appeals of
Public Works Commission's decisions as they relate to the removal of crosswalks. The City
Clerk accepts appeals but the City Manager sets the hearing date.
Financial Impact: None
Recommended Action: Motion to:
After the City Clerk reads by title, approve for introduction Ordinance No. 3886, "An
Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington Beach
Municipal Code Relating to Duties and Powers of the Public Works Commission."
Alternative Action(s): Do not approve for introduction Ordinance No. 3886 amending
Chapter 2.111 of the Huntington Beach Municipal Code.
Hg F 1 Item 13. 11 1
REQUEST FOR COUNCILACTION
MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: CK 11-002
Analysis: The proposed changes to Section 2.111.0300) of the Huntington Beach
Municipal Code will modify the code concerning appeals of Public Works Commission's
decisions regarding the removal of crosswalks. Currently, the code section states that any
person who disagrees with the decision of the Public Works Commission may appeal the
decision by filing an appeal with the City Clerk, who shall then cause the matter to be set for
hearing before the City Council. The City Clerk accepts appeals, but the setting of hearings
dates is the purview of the City Manager. Proposed Ordinance No. 3886 corrects verbiage to
allow the City Manager to place the appeal on the Council agenda and thereby codifies
current practice. Further, in section 2.111.020, the title City Administrator is changed to City
Manager to be in compliance with the newest Charter revision as it pertains to that title.
Environmental Status: None
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):
® r
1. Ordinance No. 3886 Amending Chapter 2.111 of the Huntington Beach Municipal Code
Relating to the Duties and Powers of the Public Works Commission
2. Legislative Draft
Item 13. ❑ 2 HB F 170
ATTACHMENT # 1
ORDINANCE NO. 3886
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 2.111 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO THE DUTIES AND POWERS
OF THE PUBLIC WORKS COMMISSION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.11.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 Manager for the administration and execution
of Public Works affairs.
. SECTION 2. Section 2.111.0300) of the Huntington Beach Municipal Code is hereby
amended to read as follows:
(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 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.
58831 1
SECTION 3. 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 4th day of Apri 1 , 2011.
ATTEST:
City Clerklow-
INITIATED AND APPROVED:
REVI ND APPROVED: K� t�y�—
'ry Clerk
Pt�y anager
APPROVED AS TO FORM:
City Attorney
58831 2
Ord. No. 3886
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 March 21,2011, and was again read to said City Council at a
regular meeting thereof held on April 4,2011, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
1,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 April 14,2011.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Cuy Clerk and ex-officioUlerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
KEY
INSERTIONS: Double underline
DELETIONS Str4�gk
LEGISLATIVE DRAFT
Chapter 2.111
PUBLIC WORKS COMMISSION
(3318-2/96;3490-1/01,3506-10/01,3515-12/01,3591-1/03,3851-1/10)
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 Manager for the administration and execution of Public
Works affairs. (3318-2196)
2.111.030 Duties. The duties of the Public Works Commission shall be as provided below:
(3318-2196)
(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 teen 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)
Huntington Beach Municipal Code Chapter 2.111 Page 1 of 3
09-2386/424 S I_2
HB 17r Item 13. ❑ 7