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HomeMy WebLinkAbout2011/09/20 Item 03 CITY COUNCIL AGENDA STATEMENT . ~s.... ~~ CITY OF -- --:;.- CHULA VISTA September 20, 2011, ItemL SUBMITTED BY: REVIEWED BY: ORDINANCE_ REPEALING CHULA VISTA MUNICIPAL CODE IO.04.03.G.2 AUTHORIZING THE CITY COUNCIL TO ADOPT TEMPORARY TRAFFIC AND PARKING CONTROL MEASURES PERTAINING TO SPECIAL EVENTS AND AMENDING CHULA VISTA MUNICIPAL CODE 10.04.03.H AUTHORIZING THE CITY ENGINEER TO ADOPT TEMPORARY TRAFFIC AND PARKING CONTROL MEASURES PERTAINING TO SPECIAL EVENTS . reu CITY MANAGE 4/STHS VOTE: YES NO X ITEM TITLE: SUMMARY The Chula Vista Municipal Code (CVMC) currently assigns the right to enact ordinances and resolutions on special events regarding street closures to the City Council. Staff recommends amending the CVMC in order to delegate special event temporary traffic control measures that affect the public right-of-way to the City Engineer. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That City Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION In order to improve the Special Event Permit Process, staff recently completed a Continuous Improvement (Kaizen) Event. One of the recommendations from this event is to grant the City Engineer authority to approve temporary street closures associated with the public Special Event Permits, after the City Manager concurs that all conditions of approval have been met. 3-1 September 20, 2011, Item~ Page 2 of 6 CYMCIO.04.030.G.2 (Attachment "A") delegates special event regulations for maintammg temporary traffic control measures for special events and community events using the public right-of-way to the City Council. California Yehicle Code (CYC) 21l01(e) (Attachment "8") allows local authorities, or a public officer or employee that the local authority designates, to adopt rules and regulations to temporarily close a portion of any street for celebrations, parades, local special events, for the safety and protection of persons who are to use that portion of the street. In order to introduce new efficiencies in the Special Event Permit process, staff is recommending revising the CYMC in order to delegate this authority to the City Engineer. Staff has determined that in order to meet the goal of processing Special Event Permits within 45 days of initial application, shifting the authority to approve temporary street closures to the City Engineer will reduce the total application period by at least 3 weeks (based upon lead times required for agenda report creation, review, and inclusion on the City Council agenda) The intent of this ordinance change is to help streamline the Special Event Permit process by enhancing the customer experience as a result of reducing the lead time required for Special Events. This will allow staff to be able to be more responsive to applicants and provide a faster turnaround so the applicant can advertise their event earlier in the process. This also will reduce the amount of staff time spent on what has become a routine procedure which can be handled at a much lower administrative level. The Special Events Coordinator will send to the City Council an "Information Item" delineating any street closures for special events so that the City Council will be aware of such closures, should any citizens make inquiries to their office. Additionally, in order to inform the public of street closures, the Special Events Coordinator will utilize both the City's website, plus sending out information via NIXEL and normal press releases. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff Member Conflicts Verification By: Date: Edward Chew September 20, 2011 CURRENT YEAR FISCAL IMPACT Approval of these ordinance changes will not create any fiscal impact to the City. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS "A" - CYMC 10.04.030 (with strike outs and additions) "8" - CYC 21101(e) Prepared by: Edward Chew, Continuous Improvement Manager. City Manoger's Office 3-2 September 20,.2011, ItemL Page 3 of 6 ATTACHMENT "A" - CVMC 10.04.030 (with strike outs and' additions) 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to subsection (G) of this section, the city council, at the concurrence of the city manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the city engineer after review by the safety commission, unless, on affirmative vote of the m~ority of the membership of the safety commission, the commission objects to the proposed action by the city engineer, in which case the matter shall be referred to the city council, and the authority as to such matters shall thereafter be revested in the city council to be exercised upon the affirmative vote of at least three members of the city council. B. The safety commission may not initiate or order the implementation of a traffic control measure, but may recommend to the city engineer the consideration of a proposed traffic or parking control measure. If the city engineer declines to implement a traffic or parking control measure recommended by the safety commission, the safety commission may refer the matter to the city council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the safety commission shall be vested in the city council. C. The safety commission shall utilize the standards and procedures established in the California Vehicle Code and the state of California (Caltrans) Traffic Manual in its deliberations and recommendations, but may base its recommendations to the city engineer, or city council when applicable, upon other matters of public policy affecting traffic safety. D. The city engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the state of California Traffic Manual as amended, a copy of which is on file in the office of the city engineer. The city engineer shall promptly file any amendments to or later editions of the state of California (Caltrans) Traffic Manual or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the city engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in subsection (D) of this section is posted or installed. Posting or installation shall be prima 3-3 September 20, 2011, Item~ Page 4 of 6 facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. F. Administration and maintenance of records by the city engineer shall be as follows: I. The city engineer shall maintain all regulations under this title and provide the chief of police copies of all administrative interpretations and determinations made pursuant to this section which govern the installation and administration of traffic control measures and parking control measures in the city of Chula Vista. 2. The city engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the city, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the municipal code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the city engineer pursuant to this section. G. Exceptions. The city council reserves the right to enact ordinances and resolutions, and the city engineer shall make recommendations to the council, as appropriate, on the following matters: I. Traffic control measures budgeted by the city as a capital improvement project budget. 2. Special eveat regalatieas estaBlishing ana H1aiatainffig traffie eelltrel H1eaSllfeS fef sflecial. eycats lIRa cemmlHl.ity eveats HSiBg the paelic right sf 'Na-y. 2,;. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). l4. Traffic control measures affecting community businesses, and having an impa-ct on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. ~. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. ,26. Ordinances or resolutions which amend, modifY or restrict the authority of the city engineer or which establish policy to guide the city engineer's exercise of authority pursuant to this code. QJ. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 3-4 September 20, 2011, Item 3 Page 5 of 6 2&. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency. Special Events and Road Construction Events. The city engineer's authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: 1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the city engineer, unless overruled by the affirmative vote of three members of the city council. Referral to and concurrence of the safety commission are not required. The city engineer shall, under the following circumstances, advise the council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection: a. The proposed measure may involve complete road closures on any road; b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The city engineer may enact emergency traffic regulations with the concurrence of the chief of police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the city council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the city council. Referral to the safety commission is optional. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.22.1). 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-wav. 3-5 September 20, 2011, Item~ Page 6 of6 ATTACHMENT "B" - CVC 21101(e) 21101. Local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution on the following matters: (a) Closing any highway to vehicular traffic when, in the opinion of the legislative body having jurisdiction, the highway is either of the following: (1) No longer needed for vehicular traffic. (2) The closure is in the interests of public safety and all of the following conditions and requirements are met: (A) The street proposed for closure is located in a county with a population of 6,000,000 or more. (B) The street has an unsafe volume of traffic and a significant incidence of crime. (C) The affected local authority conducts a public hearing on the proposed street closure. (D) Notice of the hearing is provided to residents and owners of property adjacent to the street proposed for closure. (E) The local authority makes a fmding that closure of the street likely would result in a reduced rate of crime. (b) Designating any highway as a through highway and requiring that all vehicles observe official traffic control devices before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection. (c) Prohibiting the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code. (d) Closing particular streets during regular school hours for the purpose of conducting automobile driver training programs in the secondary schools and colleges of this state. (e) Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. (Emphasis added) (f) Prohibiting entry to, or exit from, or both, from any street by means of islands, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan adopted pursuant to Article 6 (commencing with Section 65350) of Chapter 3 of Division I of Title 7 of the Government Code. The rules and regulations authorized by this subdivision shall be consistent with the responsibility oflocal government to provide for the health and safety of its citizens. Amended Sec. 63.5, Ch. 877, 813ts. 1998. Effective January 1,1999. Supersedes Ch. 876. 3-6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHULA VISTA MUNICIPAL CODE 1O.04.03.G.2 AUTHORIZING THE CITY COUNCIL TO ADOPT TEMPORARY TRAFFIC AND PARKING CONTROL MEASURES PERTAINING TO SPECIAL EVENTS AND AMENDING CHULA VISTA MUNICIPAL CODE 1O.04.03.H TO AUTHORIZE THE CITY ENGINEER TO ADOPT TEMPORARY TRAFFIC AND PARKING CONTROL MEASURES PERTAINING TO SPECIAL EVENTS WHEREAS, the City Council of the City of Chula Vista currently approves all temporary road closures for Special Events; and WHEREAS, City staff recently completed a Continuous Improvement (Kaizen) Event which sought to streamline the Special Events Permit process and found that the approval process for temporary road closures adds approximately three weeks to the application process; and WHEREAS, California Vehicle Code 21101 (e) allows local jurisdictions to designate a "public officer or employee" to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes; and WHEREAS, Designating the City Engineer to approve all temporary road closures for special events will result in shorter approval processes for special event permit applications, resulting in improved customer experience and improved efficiencies in the overall Special Event Permit process. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: That Section 10.04.03 of the Chula Vista Municipal Code is hereby amended to read as follows: 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to subsection (G) of this section, the city council, at the concurrence of the city manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the city engineer after review by the safety commission, unless, on affirmative vote of the majority ofthe membership of the safety commission, the commission objects to the proposed action by the city engineer, in which case the matter shall be referred to the city council, and the authority as to such matters shall thereafter be revested in the city council to be exercised upon the affirmative vote of at least three members of the city council. 3-7 Ordinance No. Page 2 B. The safety commission may not initiate or order the implementation of a traffic control measure, but may recommend to the city engineer the consideration of a proposed traffic or parking control measure. If the city engineer declines to implement a traffic or parking control measure recommended by the safety commission, the safety commission may refer the matter to the city council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the safety commission shall be vested in the city council. C. . The safety commission shall utilize the standards and procedures established in the California Vehicle Code and the state of California (Caltrans) Traffic Manual in its deliberations and recommendations, but may base its recommendations to the city engineer, or city council when applicable, upon other matters of public policy affecting traffic safety. D. The city engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the state of California Traffic Manual as amended, a copy of which is on file in the office of the city engineer. The city engineer shall promptly file any amendments to or later editions of the state of California (Caltrans) Traffic Manual or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the city engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in subsection (D) of this section is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. F. Administration and maintenance of records by the city engineer shall be as follows: I. The city engineer shall maintain all regulations under this title and provide the chief of police copies of all administrative interpretations and determinations made pursuant to this section which govern the installation and administration of traffic control measures and parking control measures in the city of Chula Vista. 2. The city engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the city, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously 3-8 listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the municipal code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the city engineer pursuant to this section. G. Exceptions. The city council reserves the right to enact ordinances and resolutions, and the city engineer shall make recommendations to the council, as appropriate, on the following matters: I. Traffic control measures budgeted by the city as a capital improvement project budget. 2. SJ3eeial eveRt regulatioRs establislliRg and maintaiRiRg traffie eORtrol measures for 5peeial events aAd eommUflity events usiAg the publie right of way. 2.J. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). 14. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. :t's. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. 26. Ordinances or resolutions which amend, modify or restrict the authority of the city engineer or which establish policy to guide the city engineer's exercise of authority pursuant to this code. fl':/.. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 1&. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency. Special Events and Road Construction Events. The city engineer's authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: I. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the city engineer, unless overruled by the affirmative vote of three members of the city council. Referral to and concurrence of the safety commission are not required. The city engineer shall, under the following circumstances, advise the council a minimum of seven days in advance in writing of the 3-9 Ordinance No. Page 4 following proposed traffic control measures exercised under the authority of this subsection: a. The proposed measure may involve complete road closures on any road; b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The city engineer may enact emergency traffic regulations with the concurrence of the chief of police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the city council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the city council. Referral to the safety commission is optional. (Ord. 2670,1996; Ord. 973 S I, 1966; prior code S 19.22.1). 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: ~c~.--- Edward Chew Continuous Improvement Manager Glen R. Googins City Attorney i::> fJ~(./7t.--1 3-10