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HomeMy WebLinkAbout2009-05-19; City Council; 19820; Amending CMC secions 2.28.020 and 2.28.060CITY OF CARLSBAD - AGENDA BILL 19.820 MTG. DEPT. "CITY ATTY 05/19/09 Amendment to Carlsbad Municipal Code Sections 2.28.020 and 2.28.060 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. cs-031 amending Carlsbad Municipal Code sections 2.28.020 and 2.28.060 ITEM EXPLANATION: Chapter 2.28 Sections 2.28.020 and 2.28.060 are being amended in order to stagger the terms of the Commission members and to more accurately reflect the actual membership of the Commission and the Committee. In addition, although, as a practical matter, the Traffic Safety Committee already follows the provisions of the Brown Act, this amendment formalizes that requirement. FISCAL IMPACT: There is no fiscal impact associated with this code amendment. ENVIRONMENTAL IMPACT: This ordinance revision is exempt from CEQA review in that it can be seen with certainty that there is no possibility that the activity in question will have a significant impact on the environment. (California Code of Regulations, Title 14, Chapter 3, 15061(b)(3)) EXHIBITS: 1. Redline Version of Municipal Code Sections 2.28.020 and 2.28.060. 2. Ordinance CS-031 DEPARTMENT CONTACT: Ron Ball (760) 434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D 2.28.020 Membership - Appointment - Terms. The traffic safety commission shall consist of five members appointed by the mayor with the approval of and confirmed by the city council. Members shall serve four year termsEach member shall serve until their successor is duly appointed. The members shall serve staggered terms at least two years apart. In order to stagger the terms, upon the next appointment of commission members after the effective date of this ordinance, two members will be appointed for terms expiring two-years thereafter and three members will be appointed for terms expiring four-years thereafter. All subsequent appointments will be for four-year terms. Members of the commission may be removed by the mayor with the consent of the city council at any time. The community development director city engineer shall be an ex officio member and serve as secretary to the commission. _The ex officio member shall not be entitled to vote. 2.28.060 Traffic safety coordinating committee. (a) The traffic safety coordinating committee shall consist of the police chief, the city engineer, the fire chief, the public works director and the risk manager or their designated representativesassistant city manager for maintenance and such other members as the city manager may designate, and be chaired by the assistant city manager for developmental servicescity engineer. (b) The traffic safety coordinating committee shall provide assistance and advice to the traffic safety commission on all matters subject to review by the commission. The traffic safety coordinating committee may also make recommendations to the traffic safety commission and the city council on matters relating to traffic safety. (c) The traffic safety coordinating committee may adopt its own rules and regulations subject to the provisions of the Brown Act. 1 ORDINANCE NO. CS-031 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS - 2.28.020 AND 2.28.060 4 5 6 7 8 9 10 11 12 13 14 21 22 24 25 27 28 WHEREAS, sections of chapter 2.28 of the Carlsbad Municipal Code do not accurately reflect the current membership and operations of the Traffic Safety Commission and the Traffic Safety Coordinating Committee; and WHEREAS, it is recommended that sections 2.28.020 and 2.28.060 be amended in order to stagger the terms of the Commission members, to accurately reflect the current membership of the Traffic Safety Commission and the Traffic Safety Coordinating Committee, and to specify that the Traffic Safety Coordinating Committee will function according to the provisions of the Brown Act. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That section 2.28.020 of the Carlsbad Municipal Code is 15 amended to read as follows: 16 2.28.020 Membership - Appointment - Terms. 17 The traffic safety commission shall consist of five members appointed by the mayor and confirmed by the city council. Each member shall serve until their successor is duly appointed. The 18 19 members shall serve staggered terms at least two years apart. In order to stagger the terms, upon the next appointment of commission members after the effective date of this ordinance, two members will be appointed for terms expiring two-years thereafter and three members will be appointed for terms expiring four-years thereafter. All subsequent appointments will be for four-year terms. Members of the commission may be removed by the mayor with the consent of the city council at any time. The city engineer shall be an ex officio member and serve as secretary to the commission. The ex officio member shall not be entitled to vote. -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amended /// III III III III III III III III III III SECTION 2: That section 2.28.060 of the Carlsbad Municipal Code is to read as follows: 2.28.060 Traffic safety coordinating committee. (a) The traffic safety coordinating committee shall consist of the police chief, the city engineer, the fire chief, the public works director and the risk manager or their designated representatives, and be chaired by the city engineer. (b) The traffic safety coordinating committee shall provide assistance and advice to the traffic safety commission on all matters subject to review by the commission. The traffic safety coordinating committee may also make recommendations to the traffic safety commission and the city council on matters relating to traffic safety. (c) The traffic safety coordinating committee may adopt its own rules and regulations subject to the provisions of the Brown Act. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1 Qi-h day of May _, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of _ AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: _, 2009, by the following vote, to wit: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -3-