Loading...
HomeMy Public PortalAbout21 10.B. First Reading and Introduction of Ordinance 13-986 Amending the title and Duties of the Public Safety CommissionCity Council December 3, 2013 Page 2 of 4 3. On May 18, 2010, staff discussed the reinstatement of the Public Safety Commission with the City Attorney. Staff also discussed a proposal to amend the duties and the number of regular meetings of the Public Safety Commission. 4. On June 1, 2010, the City Council held the first reading and introduction of Ordinance No. 10-934 at the regular City Council meeting. At the regular City Council meeting the City Council discussed: 1) Reinstatement of the Public Safety Commission (Commission); and 2) Amendment to the duties of the Public Safety Commission. The City Council approved on first reading Proposed Ordinance No. 10-934, amending the duties of the Public Safety Commission. 5. On June 15, 2010, the City Council held the second reading and adopted Ordinance No. 10-934, amending the duties of the Public Safety Commission. Also, the City Council held the first reading and introduction of Ordinance No. 10-935, amending the overnight parking restrictions. Ordinance No. 10-934 amended the duties of the Public Safety Commission to allow the Commission to review requests for hearings for the Parking and Administrative Citation (e.g., animal control violations and others as designated by the City Manager) programs. Ordinance No. 10-935 amended the overnight parking restrictions and included the Public Safety Commission as the appellate body for overnight parking permit appeals. 6. On September 21,2010, the City Council reinstated the Public Safety Commission and amended their duties to include overnight parking permit hardship appeals. 7. On October 3, 2013, the Public Safety Commission held a Special Meeting to discuss their roles and responsibilities. The Commission requested that staff provide a report and recommendation regarding their duties. 8. On November 13, 2013, the Public Safety Commission unanimously approved and recommended that the City Council amend the Municipal Code pertaining to their title and duties. 9. On November 21, 2013, a Public Notice was published in the Temple City Tribune regarding proposed Ordinance No. 13-986. ANALYSIS: The Public Safety Commission (Commission) was reinstated for the purpose of providing recommendations to the City Council with matters pertaining to the administration of public safety programs (i.e., vehicular traffic and pedestrian safety, vehicular parking control, and emergency preparedness). Since the reinstatement of the Commission, a majority of the Commission's efforts have been focused on adjudicatory matters (i.e., reviewing parking citation appeals) as the City had not yet completed its public safety plans. Now that the City has completed the various public safety plans City Council December 3, 2013 Page 3 of 4 (i.e., Bike Master Plan, Downtown Parking Strategic Plan, and the City Wide Traffic Calming Plan), moving forward, the Commission will be asked to provide City Council recommendations for implementation of the various public safety plans. Staff is recommending the following amendments to better reflect the Commission's proposed role: 1) Reassign the adjudication of administrative citations. The proposed amendment will rescind the Commission's current administrative hearing duties. The current citation appeal process is inefficient and out of conformity with industry best practices. Based on research from nearby cities (i.e., Rosemead, Arcadia, San Gabriel, Pasadena, and El Monte) with parking citation programs, independent hearing officers are utilized for the administrative hearings. This will assist with achieving the City Council's goals, and Commission's duties which are pertinent to the safety and quality of life for the community; 2) Expand the duties of the Commission to focus exclusively on community- wide transportation and public safety issues. By doing so, this will provide a comprehensive approach to address the overall well-being of the community; and 3) Rename the Commission to the "Transportation and Public Safety Commission". The Commission and staff agree that this title properly reflects the new duties of the Commission. The changes outlined in the Ordinance more effectively utilizes the professional skills (i.e., engineering and public safety professional backgrounds) of the Commissioners and allows the Commission to focus their efforts on the overall well-being of the community by incorporating transportation and public safety duties. Staff will also be submitting to the Commission a resolution to change their current regularly scheduled meetings from twice a month to once a month (i.e., second Wednesday of the month). Scheduling one meeting per month will provide staff sufficient time to prepare reports and agenda packets, and allow the Commission to thoroughly review them. CONCLUSION: The City has completed many public safety plans (i.e., Bike Master Plan, Downtown Parking Strategic Plan, and the City Wide Traffic Calming Plan) that will assist the City with proactively addressing traffic and safety issues. The completion of the public safety plans presents an excellent opportunity to utilize the Public Safety Commissioners' professional skills (i.e., engineering and public safety professional backgrounds) to provide the City Council recommendations for plan implementation. In order to properly reflect the Commission's new duties to the public, staff is also proposing to rename the City Council December 3, 2013 Page 4 of 4 Commission to the Transportation and Public Safety Commission. Therefore, the City Council is requested to introduce Ordinance No. 13-986 amending the title and duties of the Public Safety Commission. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT: A. Ordinance No. 13-986 B. Public Safety Commission Staff Report Dated November 13, 2013 ATTACHMENT A ORDINANCE NO. 13-986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION AS SET FORTH IN TITLE 2 ("ADMINISTRATION"), CHAPTER 6 ("CITY COMMISSIONS"), ARTICLE E ("PUBLIC SAFETY COMMISSION") OF THE TEMPLE CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS SECTION 1: Sections 2680, 2681, 2683, and 2687 of Article E ("Public Safety Commission") of Chapter 6 ("City Commissions") of Title 2 ("Administration") of the Municipal Code of the City of Temple City are hereby amended to read as set forth in Exhibit "A" to this Ordinance. SECTION 2: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more ·provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 7'" day of January 2014. MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY " 1 " Ordinance 13-986 Page 2 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13-986 was introduced at the regular meeting of the City Council of the City of Temple City held on the 3'' day of December 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on January 7'", 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- -2 - EXHIBIT "A" TITLE2 CHAPTER 6 -CITY COMMISSIONS ARTICLE E. TRANSPORTATION AND PUBLIC SAFETY COMMISSION 2680: CREATED: Pursuant to article XI of the charter of the city of Temple City, a transportation and public safety commission for the city of Temple City is hereby created. 2681: MEMBERS: The transportation and public safety commission shall consist of five (5) members appointed for two (2) year terms who shall be residents and qualified electors of the city at the time of their appointment to office and members shall be required to remain residents and qualified electors of the city during their entire period of service on the commission. Members shall be appointed as set forth in section 1103 of the charter of the city of Temple City. 2683: MEETINGS Regular meetings shall be as provided for by resolution of the Transportation and Public Safety Commission and approved by the City Council. Special meetings shall be called in the manner specified in the Government Code of the State of California for the calling of special meetings of Commissions and Boards. A majority of the regular members shall constitute a quorum. Less than a quorum may adjourn any meeting. 2687. DUTIES The Transportation and Public Safety Commission shall review community safety issues referred to the Commission by the City Council and make appropriate recommendations regarding the administration of public safety programs, including vehicular traffic and pedestrian safety, vehicle parking control, emergency preparedness, and transportation as follows: A. Public Safety Programs 1. The Commission shall monitor the adequacy of City public safety programs, identify service deficiencies and make recommendations to the City Council regarding improvements. 2. The Commission shall monitor public safety program service levels and make recommendations to the City Council regarding increases or decreases in service and potential program funding sources. 3. The Commission shall consider alternative public safety programs and make recommendations to the City Council regarding the feasibility, costs and benefits of contract service options. 4. The Commission shall have lhe aHihorily to act as the hearing body lor the administrative cilalion wagram and to tal~e action in accordance wilh all applicable Local, Stale and Federal lmvs. - 1 - B. Vehicular Traffic and Pedestrian Safety 1. The Commission shall identify and examine vehicular traffic and pedestrian safety deficiencies, perform or facilitate related studies and make recommendations to the City Council regarding improvements. 2. The Commission shall review vehicular traffic regulations and parking control activities and make recommendations to the City Council regarding improvements. 3. The Commission shall receive and investigate citizen complaints pertaining to vehicular traffic and pedestrian safety concerns, and when deemed necessary by the Commission, report the Commission's findings and recommendations to the City Council. 4. The Commission shall have the authority to aot as the hearing body lor the administrative citation program and to take astian in accordance with all applicable Local, »tate and Federal laws. e. ~ The Commission shall review appeals from permit holders for the overnight parking permit program. C. Emergency Services 1. The commission shall make specific recommendations to the city council regarding the development and implementation of emergency services programs. 2. All commissioners shall be considered members of the Temple City emergency organization pursuant to section 2708 of this title and shall actively participate in the Temple City emergency reserve volunteer program. D. Transportation 1. Develop transportation policy recommendations for City Council approval. Such policy recommendations shall be consistent with other adopted City plans and policies. 2. Review and advise the appropriate City departments, committees, commissions, and City Manager on transportation policies. 3. Review transportation plans, including project/master plans (e.g., bike master plan, downtown parking strategic plan, l and documents that affect transportation systems in the City for the purpose of providing comments and advising the Planning Commission and/or City Council. 4. Review of public transit system such as a trolley or shuttle bus system in the City for the purposes of advising City Council or other City Commissions. -2- 5. Review and recommend effective methods to calm and slow traffic (e.g., speed humps/bumps traffic circles. bulb-outs). 6. Review and recommend effective methods to maximize the efficiency and safety of circulation system (i.e .. Circulation Element of the General Plan) for all participants including cyclists. pedestrians. and public transportation. -3- Public Safety Commission November 13, 2013 Page 2 of 3 3. On September 21, 2012, the City Council amended the Public Safety Commission's duties to include overnight parking permit hardship appeals. 4. On October 3, 2013, the Public Safety Commission held a Special Meeting to discuss their roles and responsibilities. The Commission requested that staff provide a report and recommendation regarding their duties. ANAlYSIS: The Public Safety Commission has been tasked with providing recommendations to the City Council with matters which pertain to the administration of public safety programs; including vehicular traffic and pedestrian safety; vehicular parking control; and emergency preparedness. In the first two-years of the Public Safety Commission's reinstatement, the Commission held administrative hearings for parking citations; reviewed request for timed parking (e.g., green curbs); and overnight parking permit hardships. The Commission also reviewed and provided recommendations to the City Council with regards to the City's Bike Master Plan, City Wide Traffic Calming Master Plan, and the Downtown Parking Strategic Plan. Recently a majority of the Commission's efforts have been focused on adjudicatory matters rather than community safety and quality of life issues. In fact, since July 25, 2012, the Commission has held 26 meetings solely for the purpose of adjudicating parking citations. Preparing for administrative hearings requires approximately 12-hours of staff time (i.e., three staff members working four hours each). The adjudication process requires staff to constantly update the citation processing program; schedule and notify the appellants of their hearing date; gather all accompanying records of the citation, and relevant facts (i.e., copies of the citation, evidence, statements, etc.). In addition, staff compiles all the information to create eight agenda packets. The proposed amendment will relieve the Commission from adjudicating administrative citations. Instead, an independent hearing examiner will conduct the administrative hearings. Provided the Commission approves staff's recommendation, transferring the administrative hearings will allow the Commission to assume additional duties. Staff believes that the Commission's current duties should be focused on matters which will assist with achieving the City Council's goals, and are pertinent to the safety and quality of life for the community. For instance, staff has been working with City Council and the community with establishing a City Strategic Plan through the Make TC Happen community outreach campaign. Staff feels that the Commission's abilities should be focused on matters aligned with the City Strategic Plan. The City Strategic Plan incorporates the City's various master plans which will assist the City in achieving short and long term goals. Moreover, staff has recognized a need for transportation planning. Public Safety Commission November 13, 2013 Page 3 of 3 Staff envisions the Commission assuming transportation planning duties (see Attachment "A"). For example, the Commission will be able to focus on making recommendations for implementation to the City Council on the Bike Master Plan; City Wide Traffic Calming Master Plan; the Downtown Parking Strategic Plan; and assist with the development of the City's General Plan Update: Circulation Element. Additionally, staff is proposing to change the current regular meeting schedule. Currently, the Commission meets every second and fourth Wednesday of the month. Staff is proposing meeting one day per month, on the second Wednesday. Scheduling one meeting a month will allow ample time in-between meetings for the Commission to thoroughly analyze reports. CONCLUSION: Staff is recommending the Commission amend their duties to align with the City Council's goals, and to better serve the community by focusing on safety and quality of life issues. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT: A. Proposed Ordinance Amendment