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HomeMy WebLinkAboutReso 1995-17833 RESOLUTION NO. 17833 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING CITY COUNCIL POLICY FOR DELEGATING ADDITIONAL AUTHORITY TO STAFF AND THE SAFETY COMMISSION WHEREAS, the City Council has expressed a desire to have staff and the City Attorney work with the members of the Safety Commission in developing a process that would provide greater authority to staff and the Safety Commission in dealing with traffic safety issues; and, WHEREAS, the intent of the City Council policy is to eliminate the need for minor day to day issues related to the operations aspect of Traffic Engineering going before the City Council, and have staff and the Safety Commission as the final decision making authority. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish City Council Policy for delegating additional authority to staff and the Safety Commission as set forth in Exhibit "A". Presented by Approved as to forzr~ by Kf ~ Director of Public Works . ~ ~'~' '/'Bruce M. Boo~;d Lippitt C~ty Attorneyt~ Resolution No. 17833 Page 2 EXHIBIT A COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SAFETY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 1 OF 6 ADOPTED BY: Resolution No. 17833 ~ DATED: 03/14/95 BAOUGROUND On March 6, 1973, the City Council adopted a Safety Commission policy establishing a procedure to be followed by the Safety Commission in evaluating matters of vehicular or pedestrian safety within the public fight-of-way within the City of Chula Vista. The Ma~ch 6, 1973, policy limits the Safety Commission responsibility to an advisory role to the City Council. Presently, fmal authority to implement traffic control measures rests with the City Council. In recent years there has been a greater awareness and concern over traffic and safety related issues. Due to population, vehicular ownership, and traffic growth in the City, this awareness and concern has resulting in an increase in traffic items brought before the City Council. This situation coupled with other pressing demands on the City Council has adversely impacted their ability to schedule public hearings and resolve the high number of traffic and safety matters initiated by the public that warrant special consideration. Due to the importance placed on traffic and safety matters and the need to deal with such matters expeditiously, the City Council has determined a need to create an administrative process in which delegation of authority is empowered to the Safety Commission and staff to act upon traffic and safety matters. PURPOSE The purpose of this policy is to establish an administrative procedure for the Safety Commission to conduct public hearings on matters related to traffic and safety issues. This policy prescribes guidelines and criteria for determining appropriate actions in accordance with City Council directions and delegation of authority. 1. General Policy It shall be the policy of the City, to be implemented by such ordinances and resolutions as may be required, that, within, the budgetary constraints set by Council through the budget, the City Council hereby delegates authority to establish and maintain vehicular and pedestrian traffic control measures, standards, and requirements in the public right of way ('~Fraffic Control Measttres"), except as hereinbelow provided, to the City Engineer after review by the Safety Commission ("Commission"), unless, on affirmative vote of a majority of the membership of the Safety Commission, the Commission objects to the proposed action by the City Engineer. In such case, the matter shall be referred to the City Council and the authority as to such matters, shaH, on such referral, be vested in the City Council to be exercised on on the affirmative vote of three members of the City Council. Resolution No. 17833 Page 3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: S~.~TY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 2 OF 6 ADOFrED BY: Resolution No. 17833 I DATED: 03/14/95 The Commission shah not have the power to initiate or order the implementation of a Traffic Control Measure, but shall have the power to recommend to the City Engineer that s/he consider a proposed Traffic Control Measure. If the City Engineer shall consider and decline to implement a Traffic Control Measure proposed by a majority of the Commission, the Commission shah by a vote of at least four (4) Commissioners have the power to refer the matter to the City Council, and upon such referral, the authority to initiate and order the Traffic Control Measure shall be thereupon revested in the City Council. 2. Exceptions: A. Traffic Control Measures budgeted by the City as a Capital Improvement Project Budget. The authority to establish a Traffic Control Measure for which the City has appropriated funds in the City's CIP budget shall be vested in the City Council, subject to recommendations of the City Engineer and Safety Commission. B. Special Event Regulations (1) Public Community Events. The authority to establish and maintain Traffic Control Measures for community events using the public right-of-way. (2) Road Construction Projects. The authority to establish and maintain temporary Traffic Control Measures for road construction projects shall be vested in the City Engineer, unless overruled by the affirmative vote of three members of the Council. The City Engineer shall, under the following circumstances, advise the Council seven days in advance in writing of the following proposed Traffic Control Measures exercised under the authority of this exception: (a) the proposed Traffic Control Measure may involve complete road closures on any road; (b) the proposed Traffic Control Measure may involve significant interference with traffic on high volume roads; Resolution No. 17833 Page 4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SAFETY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 3 OF 6 ADOPTED BY: Resolution No. 17833 ~ DATED: 03/14/95 (c) the proposed Traffic Control Measure may involve long term partial road closures on any road; (d) the proposed Traffic Control Measure may involve interference with access to any business; (e) the proposed Traffic Control Measure may involve the rerouting of traffic through residential areas. C. Emergency Fraf~c Regulations. D. Traffic Control Measures Affecting Community Businesses. The City Council reserves authority over all Traffic Control Measures designed to, or having an impact on, the availability of parking for businesses, including but not limited to: (1) Angle Parking (2) Parking Meters E. Traffic Control Measure associated with new developments and/or City projects. 3. INCLUSIONS A. Trial Traffic Regulations Cha ~ter 10.12 Traffic Control Devices Cha ~ter 10.24 Through Streets and Stop Intersections Cha ~ter 10.32 Yield Right-of-Way Streets Cha >ter 10.36 Turning Movements Cha ~ter 10.40 One-Way Streets and Alleys Cha ~ter 10.44 Stopping, Standing and Parking Cha ~ter 10.S2 (Except Angle Parking) Loading Zones Cha ~ter 10.60 Bicycle Parking Zones Cha ~ter 10.72 Pedestrians Cha 3ter 10.76 Permit Parking in Residential Zones Cha ~ter 10.86 Final actions on matters requiting an Ordinance from CiW Council regarding Speed Regulations (Chapter 10.48); Angle Parking (Chapter 10.52); Parking Meter Zones (Chapter 10.56); Permit T ........................ · fir Resolution No. 17833 Page 5 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SAFETY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 4 OF 6 ADOPTED BY: Resolution No. 17833 ] DATED: 03/14/95 Parking (Chapter 10.56) and Truck Routes (Chapter 10.64) shah be exempt from this policy. These items will be referred to the City Council with recommendations from staff and the Safety Commission for final disposition. pROCRr~URES A. PUBHC INQUIRIES 1. Citizen requests for traffic and safety related improvements axe submitted to the City Engineer for evaluation. 2. The City Engineer performs traffic studies as necessary including the collection of pertinent data and any other reference material. 3. The City Engineer analyzes the traffic data and makes a traffic engineering determination on what, if any, traffic engineering improvements axe needed. 4. The City Engineer prepares a report to the Safety Commission presenting his/her findings accompanied with a recommendation to accept or deny the citizen's traffic safety improvement request. S. The City Engineer's report is placed on the Safety Commission's meeting agenda. 6. Citizen and other affected individuals axe notified of the date when their item will appear before the Safety Commission. Notices are sent out not later than six days before the Safety Commission meeting. 7. The Safety Commission conducts a public hearing, where staff presents their recommendation to deny or approve the citizen's traffic safety improvement request to the Safety Commission. 8. The Safety Commission, by a majority vote of the Safety Commission, makes a determination based on established Council policies, the Municipal Code, the California Vehicle Code, and standard traffic engineering practices to concur with or disagree with the City Engineer's report to approve or reject the citizen's traffic safety improvement request. Resolution No. 17833 Page 6 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SAFETY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 5 OF 6 ADOPTED BY: Resolution No. 17833 ~ DATED: 03/14/95 a. If the Safety Commission vote affirms the City Engineer's recommendation to approve the citizen's traffic safety improvement request, staff is authorized to implement the traffic safety improvement. b. If the Safety Commission, by a majority vote of the Safety Commission, affirms the City Engineer's recommendation to deny the citizen's traffic safety improvement request, the denial is final and will not be forwarded by staff to the City Council for their consideration unless one member of the Council within 10 days desires to hear the item. Staff will notify Council of the Safety Commission hearing results through the forwarding of an information memo outlining the action taken. Appeals to the City Council from decisions of the Safety Commission or City Engineer are a priority and will normally be scheduled for a hearing 3 to 4 weeks from the date the appeal is F ' fried. After conducting a public hearing, during which time the applicant and interested parties may speak, the Council may approve, conditionally approve, or deny the request. The City Council's decision is final. c. If the Safety Commission's vote is contrary to the City Engineer's recommendation, the traffic item will be referred to the City Council and the authority as to such matters shaH, on such referral, be vested in the City Council to be exercised on the affirmative vote of three members of the City Council. The Commission shah not have the power to initiate or order the implementation of a Traffic Control Measure, but shah have the power to recommend to the City Engineer that s/he consider a proposed Traffic Control Measure. If the City Engineer shah consider and decline to implement a Traffic Control Measure proposed by a majority of the Safety Commission, the Commission shaH, by a vote of at least four (4) Commissioners, have the power to refer the matter to the City Council, and upon such referral, the authority to initiate and order the Traffic Control Measure shah be thereupon vested in the City Council. If new information or evidence presented at the hearing discloses that the original recommendation is no longer valid, the City Engineer may take an item off the City Council Agenda and concur with the Safety Commission's recommendation thus waiving the appeal process. B. TRAFFIC PLANNING 1. Any precise plans or site plans for the construction of buildings or fadlilies that are proposed to be built adjacent to or having access to or impact on major streets which, in the opinion of Resolution No. 17833 Page 7 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: SAFETY COMMISSION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 110-09 03/14/95 6 OF 6 ADOPTED BY: Resolution No. 17833 I DATED: 03/14/95 staff (i.e. Director of Planning, Director of Public Works, or City Engineer) may in light of the plans submitted create the potential for a hazardous condition which may have a detrimental effect on vehicular or pedestrian traffic, will be forwarded, through the City Engineer, to the Safety Commission for review, evaluation, and recommendations. 2. The Safety Commission shah evaluate said precise plans and site plans in reference to their effect upon traffic problems, and shah submit their recommendations to the Planning Commission and City Council at the time such plans are considered by said bodies. 3. Trial Traffic Regulation, Municipal Code 10.12.030 - In cases where authority has been delegated to the Safety Commission and City Engineer to approve traffic control devices, the Safety Commission will hereby be authorized to approve the instalJation with the concurrence of the City Engineer's recommendation. 4. The Safety Commission will adopt a recommendation embodying such regulation, or any part thereof, after the 8-month trial period or which regulation shah cease to be effective. Where an ordinance is required for final approval, the Safety Commission will forward their recommendation to the City Council for adoption of the ordinance embodying such regulation. ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 6772 APPROVED 03/06/73. T · ~ r Resolution No. 17833 Page 8 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of March, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Hotton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Beverly A2'Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17833 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of March 1995. Executed this 14th day of March, 1995. "1 '! ' Beverly A./Authele'{, City Clerk