AGENDA REPORT City Council MEETING DATE: January 8, 2014 PREPARED BY: Kathy HollywOOd~ City Clerk DEPARTMENT: City Clerk DEPT. DIRECTOR: Kathy HOllywOod~ CITY MANAGER: GUSVi~ SUBJECT: Adoption of Ordinance No. 2013-10, amending Encinitas Municipal Code Chapters 2.40 - Traffic Commission and Chapter 14.08 Sections 14.08.070 -Traffic Commission and 14.08.080 - Duties of the Traffic Commission RECOMMENDED ACTION: Adopt Ordinance No. 2013-10, entitled "An Ordinance of the City of Encinitas, California, amending Encinitas Municipal Code Chapter 2.40 - Traffic Commission and Chapter 14.08 Sections 14.08.070 - Traffic Commission and 14.08.080 - Duties of the Traffc Commission." STRATEGIC PLAN: This agenda item reflects the draft goals of the Organizational Effectiveness & Effciency Focus Area of the Strategic Plan. FISCAL CONSIDERATIONS: There is no direct fiscal impact associated with this agenda report. BACKGROUND: At the January 9, 2013, City Council meeting, Council approved the established recruitment process for the 2013 commission recruitment but requested that an item be placed on a future agenda to discuss amending the process for 2014 and beyond. At that meeting, several issues were identified for Council discussion including terms of office, term limits, commission selection process, restructuring of Commissions, and Council/Commission communications. Discussion of amending the recruitment process for commissions was discussed at the May 15, 2013, and October 16, 2013, City Council meetings. At those meetings, Council discussed and gave direction regarding terms of office, term limits, commission selection process, restructuring of commissions, and Council/commission communications. At the November 20, 2013, City Council meeting, Council reviewed proposed Ordinance 2013-10 which formalizes and makes changes to the Municipal Code to reflect direction and actions taken by the Council at its prior meetings. The Council approved the renaming of the Traffc Commission to the Traffic and Public Safety Commission and therefore, language defining the scope of work for the public safety portion of the commission needed to be defined and added 01/08/2014 Item #8F Page 1
to the code. Deputy Mayor Shaffer and Council Member Kranz provided suggested language for Council review. ANALYSIS: Ordinance No. 2013-10 provides changes for the Traffic Commission based on actions taken by the Council at prior meetings. In addition, this ordinance incorporates Sections 14.08.070 & 14.08.080 pertaining to the Traffic Commission into Chapter 2.40. This change eliminates the confusion of Traffic Commission information in two different code sections. The proposed Ordinance also incorporates language pertaining to the public safety portion of the Traffic and Public Safety Commission as suggested by Deputy Mayor Shaffer and Council Member Kranz at the November 13, 2013, City Council meeting. This ordinance was introduced at the December 11, 2013, City Council meeting by the following vote: AYES: Barth, Shaffer, Kranz; NAYS: Muir; ABSENT: Gaspar; ABSTAIN: None. ENVIRONMENTAL CONSIDERATIONS: There are no environmental considerations associated with this agenda report. ATTACHMENTS: 1. Ordinance No. 2013-10, entitled" An Ordinance of the City of Encinitas, California, amending Encinitas Municipal Code Chapter 2.40 - Traffic Commission and Chapter 14.08 Sections 14.08.070 - Traffic Commission and 14.08.080 - Duties of the Traffic Commission" 01/08/2014 Item #8F Page 2
ATTACHMENT i ORDINANCE NO. 2013-10 AN ORDINANCE OF THE CITY OF ENCINITAS, CALIFORNIA, AMENDING ENCINITAS MUNICIPAL CODE CHAPTER 2.40 - TRAFFIC COMMISSION AND CHAPER 14.08 SECTIONS 14.08.070 - TRAFFIC COMMISSION AND 14.08.080 - DUTIES OF THE TRAFFIC COMMISSION The City Council of the City of Encinitas, California, does ordain that the Encinitas Municipal Code has been amended as follows: SECTION ONE: That Chapter 2.40 Traffc Commission is amended to read as follows: SECTION TWO: That Section 14.08 is amended as follows: "SEE EXHIBIT A" Section 14.08.070 Traffc Commission is hereby deleted. Section 14.08.080 Duties ofthe Traffic Commission is hereby deleted. SECTION THREE: This ordinance was introduced on December 1 1, 2013. SECTION FOUR: The City Clerk is directed to prepare a publish a summary of this Ordinance together with the votes cast no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating the votes cast. PASSED AND ADOPTED this _ day of _,2014, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Teresa Arballo Barth, Mayor City of Encinitas, California 01/08/2014 Item #8F Page 3
ATTACHMENT i ATTEST AND CERTIFICATE: I certify that this is a true and correct copy of pursuant to law. Ordinance No. 2013-10, which has been published Kathy Hollywood, City Clerk 01/08/2014 Item #8F Page 4
EXHIBIT A TO ORDINANCE 2013-10 02-96 2.40.010 CHAPTER 2.40 TRAFFIC AND PUBLIC SAFETY COMMISSION 2.40.010 Traffic and Public Safety Commission Established. There is hereby established the Traffic and Public Safety Commission of the City of Encinitas. (Ord.89-02) 2.40.020 Membership. A. The Traffic and Public Safety Commission shall consist of seven members, each Commissioner shall be appointed to one ofthe following positions (Ord. 89-11): 8. Ex-Offcio Members. The fire chief, the police chief or their designees (and such representatives of the sheriffs department as are designated by the City Manager) and the City Engineer shall be ex officio members of the commission. Ex officio members shall be entitled to attend all meetings of the commission and to participate in all discussion but shall not be entitled to a vote or to serve as an offcer of the commission other than secretary and shall not be counted for the purose of establishing a quoru. B. For appointment to a specific geographic area, each Commissioner shall be a registered voter of the City and shall be a resident of the geographic area designated for the position to which the Commissioner is appointed. (Ord. 89-11) To be qualified for appointment, a person shall have resided for a period of no less than six months prior to appointment in the geographic area designated for the position for which appointment is sought. 01/08/2014 Item #8F Page 5
EXHIBIT A TO ORDINANCE 2013-10 C. For at-large appointments, each commissioner shall be a registered voter of the City. D. Applicants for a vacant position on the Traffic and Public Safety Commission must reside in the geographic area designated for the position for which appointment is sought or be a registered voter of the City for an at-large position. (Ord 89-11) E. The affirmative votes of three Council Members shall be required to appoint an individual to the Traffic and Public Safety Commission. (Ord. 89-11) (Ord. 89-11) F. Traffic and Public Safety Commissioners shall serve staggered, three-year terms. 2.40.030 Meetings. A. Four members of the Traffic and Public Safety Commission shall constitute a quoru. B. The regular meeting of the Traffic and Public Safety Commission shall be one each month. (Ord.96-02). C. The Traffic and Public Safety Commission shall elect a Chairperson and Vice- Chairperson from among its members for one-year terms. 2.40.040 Duties of the Traffic and Public Safety Commission. The Traffic and Public Safety Commission shall study and report to the City Council upon any matter referred to it by the City CounciL. The Traffic & Public Safety Commission shall have advisory responsibility in regards to traffic issues and public safety. A. It is the duty of this commission to serve as a liaison between the public and the City Council, and to conduct analyses and provide recommendations to the Council on matters related to the circulation of motorized vehicles, pedestrians, and bicycles, and on matters related to public safety. The scope of the commission's role with respect to public safety includes but is not limited to traffic safety, emergency response for fire, medical and other crises, as well as the City's efforts to control and reduce criminal activities of all types. The commission may conduct informational and educational meetings, prepare reports and analyses, and work with fire, marine safety, ambulance, and sheriff personnel. B. If the recommendations of the Traffc and Public Safety Commission are to modify existing traffic controls, devices, markings, or measures, or install new controls, devices, markings, or measures, then those recommendations shall be included with a report by the Director of Engineering Services or his designee in an agenda item to the City CounciL. 01/08/2014 Item #8F Page 6
EXHIBIT A TO ORDINANCE 2013-10 C. If the recommendations of the Traffic and Public Safety Commission are to not modify existing traffic controls, devices, markings, or measures nor to install new traffic controls, devices, markings or measures, then these recommendations shall be included in a report by the Director of Engineering Services or his designee to the Council for information only. The Commission decision can be reviewed by Council if an * appeal is fied or by Council request. *(See Chapter 1.12.010 through 1.12.060). D. The City Council may refer to the Traffic and Public Safety Commission requests to review and prepare recommendations on major roadway projects. E. Powers delegated to the Traffic & Public Safety Commission to be advisory. Nothing in this chapter shall be construed as restricting or curailing any of the powers of the city council, or as a delegation to the public safety commission of any of the authority or discretionary powers vested and imposed by law in the city council. The city council declares that the public interest, convenience and welfare require the appointment of' a Traffc & Public Safety Commission to act in a purely advisory capacity to the city council for the purpose enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority. 01/08/2014 Item #8F Page 7