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HomeMy WebLinkAboutOrdinance #4242 ORDINANCE NO. 4242 AN ORDINANCE Of THE CITY COUNCIL OP THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTING'TON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 2.103 AND 2.1 1 1 AND CREATING A NEW CHAPTER 2.1 I 1 "TITLED "CITIZEN INFRASTRUCTURE ADVISORY BOARD/PUBLIC WORKS COMMISSION." WFILREAS. the City Council established an Ad-hoc Committee in March 2021 to perform an assessment of the duties, priorities, current relevancy, and overall framework of the City's Boards, Commissions, and Committees, as well as providing recommendations to streamline any overlapping functions for consideration by the Cite Council. WHEREAS, the City Council desires to consolidate the Citizens Infrastructure Advisory Board, the Public Works Commission and the Beautification, Landscape, and Trees Committee. WHEREAS, pursuant to City Council's direction, a new "Citizen's Infrastructure Advisory Board/Public Works Commissions" is formed which consolidates the followin.- three Boards. Commissions and Committees: I_ Citizen Infrastructure Advisory Board (CIAB); 2. Public AVorks Commission: 3. Beautification. Landscape and Trees (BIT) Committee. The City Council of the City of Huntington Beach does hereby ordain as follows: SEC"f10N 1. Chapter 2.103 of the Huntington Beach Municipal Code entitled "Citizens Infrastructure Advisory Board" is hereby repealed in its entirety. A subset of the primary functions and authorities of the Board will be consolidated into the Citizens Infrastructure Advisorv/Public works Commission as outlined in Section 2 of this Ordinance. A subset of the primary'functions of the 131-T Committee will be consolidated into the Citizens Infrastructure Advisory Board/Public Works Commission. SECTION 2. Chapter 2.1 1 1 of the Huntington Beach Municipal Code is hereby repealed in its entirety and replaced with a new Chapter 2.1 1 1 to read as follows: Chapter 2.111 This Chaptcr will be known as CITIZEN INFRASTRUCTURE ADVISORY BOARD/PUBLIC WORKS COMMISSION. Section 2.111.1111) Commission Established. There is hereby established a Citizens Infrastructure Advisory Board/Public Works Commission, which may be referenced as CIAB/Public Works Commission. Section 2.111.020 Authority/Non-Interference. The Commission will act in an advisory capacity to the City Council. Nothing in this ORDINANCE NO. 4242 Chapter shall convey any final authority to the Commission pertaining to infrastructure and Capital Improvement Projects (CIPs). Except as otherwise provided in this Chapter, 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. Section 2.111.030 Duties Pursuant to the City Council direction, the duties of the Commission may include as follows: (a) 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) Provide advice regarding a comprehensive Tree Management Plan and enhanced landscaping elements. (c) Provide annual review and comment on ("CIPs"). (d) Review and comment on: (1) The long-term infrastructure maintenance and repair program: and (2) Oil pipeline permits issued by Public Works staff. (e) Recommend CIPs. (1) Review CIP construction change orders that exceed the authorized change order limit for the project. (g) Receive regular reports of active Clf s. (h) Conduct an annual review and performance audit of the sewer service fund. (i) 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. Q) 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. b_v motion, to either retain the marked crosswalk(s) or take any necessary steps for removal ol'the marked crosswalk(s)- Anv person who disagrees with the decision of the Public Works Commission mav, 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 Citv iManager shall cause the matter to be set for hearing before the City 21-10640/271227 ORDINANCE NO. 4242 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 ofthe 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 Cit_v 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) Act as the Administrative Hearing body for appeals following street work construction permit decisions, sewer service user charges, or fair share traffic impact fee made by the Director of Public Works. Section 2.111.040 Records of Commission The Commission records of meetings shall be kept on file with the Office of the City Clerk, which shall be available for public inspection as required by law. Section 2.111.051) Composition Current members of the Citizens Infrastructure Advisory Board in good standing, are hereby appointed to the CIAB/Public Works Commission until their terms or previous board end. Vacancies created by members of the CIAB will permanently remain unfilled. Following the sunset of all CIAB's current terms; the CIAB/Public Works Commission shall solely consist of seven (7) members individual1v appointed by the City Council. Members shall be residents and electors of the City of Huntington Beach who have special interest, training and/or experience in Public Works matters. Members of the Public Works Commission in good standing will be appointed to the CIAB/Public Works Commission. Any vacancies created by these members will be tilled pursuant to Section 2.1 1 1.060. The BLT Committee member's term ends upon the adoption of this ordinance. The CIAB/Public Works Commission shall not be officers or employees and strictly adhere to the California Political Reform Act including Government Code Section 1090. Section 2.111.060 Appointment Each City COImCIImCmber shall appoint one member of the Commission to serve the same term as the City Councilmember. The term shall coincide with the term of'the Cite Councilmember making the appointment. .i 21-10640/271227 ORDINANCE NO. 4242 Section 2.11.070 Vacancies Vacancies in the Commission shall be filled by appointment by the City Councilmember or his/her successor, who made the appointment that was vacated. Section 2.111.080 Bylaws The Commission may 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. Section 2.111.090 Operating Policies Except as otherwise provided in this Chapter, the Commission shall conform to the operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. Section 2.111.100 Meetings The Commission shall meet once a month at a time and place determined by the Commission. Special meetings may be called by the Chairperson. SECTION 3. This Ordinance shall become effective immediately 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 December 2021. Mai l - ATTEST: APPROVED AS TO RM: / ZQ City elerk tty omey OW INITIATED AND APPROVED: tty Manager 4 21-1O640/271227 Ord. No. 4242 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 November 16, 2021, and was again read to said City Council at a Regular meeting thereof held on December 21, 2021. and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: Peterson ABSENT: None ABSTAIN: None I,Robin Estanislnu,CITY CLERK of the City of I luntington [leach and esoRicio Clerk of the City Council.do hereby certify that a synopsis of this ordinance has been published in /7 the I luntington Beach 0.'mro on December 30,2021. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy Citv Clerk of the City Council of the City of'Huntington Beach. California