HomeMy WebLinkAbout04 - Modifications to Chapters 2.12 Public Works Dept. and 2.32 Duties of City Traffic EngineerCITY OF NEWPORT BEACH July 10, 2001
Agenda Item 4
CITY ATTORNEY'S OFFICE
TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY
RE MODIFICATIONS TO CHAPTER 2.12 PUBLIC WORKS DEPT.
AND CHAPTER 2.32 DUTIES OF CITY TRAFFIC ENGINEER
BACKGROUND:
We are proposing changes to the two Chapters noted above. The purpose of the
changes is to more clearly establish that the Public Works Department and Traffic
Engineer have discretionary authority to review and approve plans for Public Works'
projects. The additions will enhance our ability to take advantage of the design immunity
standard provided in the Government Code when we plan, design, or improve public
property.
The Public Works Director and Traffic Engineer have reviewed and approved the
proposed changes.
RECOMMENDATION:
Approve first reading and pass to a second reading at the City Council's next regularly
sch iduled mee 'ng
\C
Daniel K. Ohl, Deputy City A omey
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ORDINANCE 2001 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING THE PROVISIONS OF
CHAPTER 2.12 OF TITLE 2 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO THE PUBLIC WORKS
DEPARTMENT
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1:
Section 2.12.100 of Chapter 2 is amended to read as follows:
Chapter 2.12.100 PUBLIC WORKS DEPARTMENT
The Public Works Department shall be under the supervision of the Public Works
Director who shall also be the City Engineer Pro Tern and the Superintendent of
Streets. The tom; "Utilities DiFeGter" as used in this Gede shall d'^emed hereafte
refer try the Public `.".'ergs ^: ec!c -v The functions of the Public Works Department shall
include:
A. Planning, installation, design, preparation, review and approval of plans,
specifications and working details operations and maintenance and
administration of contracts for the construction of public works, including streets,
storm drains, sewers, water, harbors, street lighting, and other public facilities;;
B. Right -of -way acquisition;
C. Subdivision engineering services;
D. Traffic engineering services;
E. Engineering services for other City departments;
F. Maintenance and operation of City water system;
G. Maintenance and operation of City sewer system;
H. Maintenance and operation of City street lighting system and the maintenance of
electrical equipment in City buildings; and
I. Engineering planning for water, sewer and electrical systems.
SECTION 2:
If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
SECTION 3:
The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance.
The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be enforce and effective thirty days after adoption.
SECTION 4:
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of , and adopted on the _
day of by the following vote, to wit:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
MAYOR:
ATTEST:
City Clerk
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ORDINANCE 2001 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING THE PROVISIONS OF
CHAPTER 2.32 OF TITLE 2 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO THE DUTIES OF CITY
TRAFFIC ENGINEER
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1:
Section 2.32.070 of Chapter 2.32 is amended to read as follows:
Chapter 2.32.070 DUTIES OF CITY TRAFFIC ENGINEER
It shall be the general duty of the City Traffic Engineer or his /her designee to determine
and approve the planning, design4he installation and proper timing and maintenance of
traffic control devices and signals, to conduct engineering analysis of traffic accidents
and to devise remedial measures, to conduct engineering investigation of traffic
conditions and to cooperate with other city officials in the development of ways and
means to improve traffic conditions. (1949 Code § 3228)
SECTION 2:
If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
SECTION 3:
The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance.
The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be enforce and effective thirty days after adoption.
SECTION 4:
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of , and adopted on the _
day of by the following vote, to wit:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
MAYOR:
ATTEST:
City Clerk
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