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HomeMy Public PortalAbout16) 8A Second Reading and Adoption of Ordinance No. 13-986 Amending Duties of Public Safety CommissionDATE: TO: FROM: SUBJECT: AGENDA ITEM 8.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM January 7, 2014 The Honorable City Council Jose E. Pulido, City Manager .. / Via: Mark Persico, AICP, Colnmunity Development Director By: Bryan Ariizumi, Public Safety Supervisor Jonathan Aceves, Community Preservation Officer SECOND READING AND ADOPTION OF ORDINANCE NO. 13-986 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"), SPECIFICALLY, SECTIONS 2680, 2681, 2683, AND 2687 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 13-986 (Attachment "A") amending Title 2 ("Administration"), Chapter 6 ("City Commissions"), Article E ("Public Safety Commission"), specifically, Sections 2680, 2681, 2683, and 2687 of the Temple City Municipal Code relating to the title and duties of the Public Safety Commission. On December 3, 2013, the City Council introduced Ordinance No. 13-986 for first reading, by title only, 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"), specifically, Sections 2680, 2681, 2683, and 2687 of the Temple City Municipal Code relating to the title and duties of the Public Safety Commission (See Attachment "B" for original staff report). Staff responded to questions and comments from Councilmembers, two Pub lic Safety Commissioners, and the public (see Attachment "C"). City Council January 7 , 2014 Page 2 of 2 ANALYSIS: Over three years ago, the City Council reinstated the Public Safety Commiss ion (Commission), with the purpose of having the Commission provide recommendations to the City Council with matters pertaining to the administration of public safety programs (i.e ., vehicular traffic and pedestrian safety, vehicula r parking control, and emergency preparedness). Since the reinstatement of the Commission, the City has completed various public safety plans (i.e., Bike Master Plan, Downtown Parking Strategic Plan , and the City Wide Traffic Calming Master Plan) t hat will assist the City in proactively addressing traffic and safety issues. The completion of the public safety plans provides an opportunity to utilize the professional skills (i.e., engineering and public safety) of the Commissioners in providing the City Council with recommendations for i mplementation of the various public safety plans. The proposed Ordinance , which was discussed by the Public Safety Commission on November 13 , 2013 (see Attachment "D"), was to eliminate the Commission 's duty as the hearing body for parking citations, to expand their duties to include transportation planning, and to rename the Commission to the Transportation and Public Safety Commiss ion. At the December 3, 2013 City Council meeting , the City Council amended the proposed Ordinance by choosing to retain the Commission's authority as the hearing body for parking citations. Therefore , Ordinance No . 13-986 modifies the Commission's duties to include transportation planning as well as to rename this Commission to the Transportation and Public Safety Commission. This will allow the Commission to focus on community-wide transportation and public safety issues and provide a comprehensive approach to address the overall well-being of the community. CONCLUSION: The City Council is requested to adopt Ordinance No . 13-986 amending Tit le 2 ("Administration"), Chapter 6 ("City Commissions"), Article E ("Public Safety Commission "), spec ifically, Sections 2680, 2681, 2683, and 2687 relating to the title and duties of ff\e'P ul51TCS afety=Commisslon. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENTS: A. Ordinance No . 13-986 B. Decembe r 3, 2013 City Council Staff Report C . Draft December 3 , 201 3 City Coun cil Meeti ng Minutes D. November 13 , 2013 Public Safety Co m m ission Staff Report 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 OF ARTICLE E OF CHAPTER 6 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The title of Article E and Sections 2680, 2681, 2683, and 2687 of Article E of Chapter 6 of Title 2 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 Ord inance 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 remain ing 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 ih 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 3rd day of December 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on January ih, 2014 by the following vote : AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- - 2 - EXHIBIT "A" TITLE 2 CHAPTER 6 -CITY COMMISSIONS ARTICLE E. TRANSPORTATION AND PUB LI C SAFETY COMMI SSION 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: MEETI NGS 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 follow s: A. Public Safety Programs 1. The Commission shall monitor the adequacy of City public safety programs, identify service deficiencies and make recommendations to tl:l e=City--G GtJRGil-i:eger.ding=ifl:lpPGVe m er+t.s. 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 Coun c il regarding the feasibility, costs and benefits of contract service options. 4. The Commission shall hav e the authority to act as the hearing body for the administrative citation program and to take action in accordance w ith all applicable Local , State and Federal law s. - 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 revie w 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 w hen deemed necessary by the Commission , report the Commission's findings and recommendations to the City Council. 4. T he Commission shall have the authority to act as the hearing body for the administrative citation program and to take action in accordance with all applicable Local, State and Federal laws. 5. The Commission shall review appeals from permit holders for the overnight parking permit program. C. Emergency Services D. Transportation 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. 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. €ommissioost-al'ld=City Manage.r:-ol+=ti'81'1Spof"tatiGB-OOiiGies. 3. Review transportation plans. including projecUmaster plans (e.g., Bike Master Plan . Downtown Parking Strategic Plan. ) 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- ATTACHMENT B COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: December 3, 2013 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager Via: Mark Persico, AICP , Community Development Director By: Bryan Ariizumi, Public Safety Supervisor Jonathan Aceves, Community Preservation Officer SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-986 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"), SPECIFICALLY, SECTIONS 2680, 2681, 2683, AND 2687 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 13-986 (Attachment "A") for first reading by tit le only, amend ing T itle 2 ("Adm i nistration"), Chapter 6 ("City Comm issions"), Article E ("Public Safety Commission"), specifically, Secti ons 2680, 2681, 2683, and 2687 of the Temple City Municipal Code; b) Waive further reading of Ordinance No. 13-986; and c) Schedule the second reading of Ordinance No. 13-986 for January 7, 2014 . BACKGROUND: 1. On July 6, 1994, the City Council adopted Ordinance No. 94-763, creating a Public Safety Commission for the City of Temple City. 2 . In October 1997, the Public Safety Commission held their last agendized meeting. The Public Safety Commission was never disbanded by the City Council, but remained dormant since their last meeting in October 1997. City 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 hardsh ip 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 publ ished 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 comp leted 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 resc ind 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 Comm ission a resolution to change their current regularly scheduled meetings from twice a month to once a month (i.e., second Wednesday oMhe month)~edul1ng one meeting per month will prov1de staff sufficient time to prepare reports and agenda packets, and allow the Commission to thoroughly review them . CONCLUSION: The C ity 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 Pub l ic 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 City Council Minutes December 3, 2013 Page 12 of 15 B. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-986 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"), SPECIFICALLY, SECTIONS 2680, 2681, 2683, AND 2687 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE TITLE AND DUTIES OF THE PUBLIC SAFETY COMMISSION The Public Safety Commission (Commissjonj was reinstated for the purpose of providing reco mmendations to the City Qouncil with matters pertaining to the administration of public safety prograrn$.\'(i.e., •vel:licular traffic and pedestrian safety, vehicular parking control, a.~n~~ emergenBsJi::preparedness). Since the reinstatement of the Comm i ssioq ;~im ajority of the'0~·~_mission's efforts have been focused on adjudicatory rnittters (i.e ., reviewing "paj~ing citation appeals) as the City had not yet completed ~it&]~ublic saJety plans .--~ ;r~ -r:-L::·;:'·;;h . Now that the City has completed the >varlous public safety plans (i.e., Bike Master Plan, Downtown ~ Pa;rking Strategic Plan, and the City Wide Traffic Calming Plan), moving forward, the Commission will be asked to provide City Council recommendations for imp lementation of the various public safety plans. Staff is recomm-er19ing th'e · amendments to better ref lect the Commisston's p rop:o~ed role ." · Community cPreservatiye Officer~)\<;eves gave a brief summary of the staff reportand powe r. poii=t (:pt~~~.ntatior:l-J~- ,-:_-.. :.,~~L : ::=. -~·c •. ·,, /C~;:-~,-'"' -·· 'j--:~•:!;.•, \~[: ~_:,.~Mayor Stecng~_ist op.e.Q~d public c'otnment. -;:;;;;· \:--,..._· __ - Ousama Nimri, Temple City resident I Public Safety Commissioner, spoke i n favor of assigning (ldditional duties to the Comm ission. He is against reducing Commission meetings from twice to once per month. ;: Serge Haddad, T~rtiple City resident I Public Safety Commissioner, spoke in fav{:)f ef=acid1ry~€JEfftiet=takmties=te=ttre=Beft"tt't-t1ss-ien. Mayor Sternquist closed public comment. Councilmember Chavez made a motion to introduce Ordinance No. 13-986 for first reading by title only, amending Title 2 ("Administration"), Chapter 6 ("City Commissions"), Article E ("Public Safety Commission"), Sections 2680 and 2681 only and leav ing 2683, 2687 A4 and 2687 B4 unchanged; waived further reading of Ordinance No . 13-986; and scheduled the second reading of Ordinance No. 13 -986 for January 7, 2014. Seconded by Councilmember Vizcarra and unanimously carried. ATTACHMENT D COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: November 13, 2013 TO: The Public Safety Commission FROM: Bryan Ariizumi, Public Safety Supervisor Jonathan Aceves, Community Preservation Officer SUBJECT: AMENDMENT OF PUBLIC SAFETY COMMISSION DUTIES AND MEETING DAYS RECOMMENDATION: The Public Safety Commission is requested to: a) Approve the amendment to the Public Safety Commission duties and meeting days; and b) Recommend that the City Council amend section 2687 of the City's Municipal Code, pertaining to the duties of the Public Safety Commission. BACKGROUND: 1. On June 1, 2010, the City Council discussed the: 1) reinstatement of the Public Safety Commission; and 2) amendment to the duties of the Public Safety Commission. The City Council voted to discuss the reinstatement of the Public Safety Commission on or after the June 29, 2010 Special City Council Meeting and approved on first reading Proposed Ordinance No. 10-934, amending the duties of the Public Safety Commission. 2. On June 15, 2010, the City Council read for the second time and adopted Ordinance No. 10-934, amending the duties of the Public Safety Commission and Ordinance No. 10-935, amending the overnight parking restrictions. Ordinance No. 1 0-934 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 (i.e., currently handled by the City Clerk). Ordinance No. 10- 935 amended the overnight parking restrictions and included the Pub lic Safety Commission as the appellate body for overnight parking permit appeals . Public Safety Comm ission Nove mbe r 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 re i nstatement, the Commission held administrative hearings for parking citations; rev iewed 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 1Ffefleve=ttte=eommssmn4rom atijutltcating-a-cttmmstratiVe-cilatrons~tnstead, an independent hearing examiner will conduct the administrative hearings. Provided the Commission approves staff's recommendation, transferring the administrative heari ngs 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 Comm ission 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