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Home My WebLink About93-17 Transportation Commission FunctionsORDINANCE NO. 93-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 10-42, 10-43, 10-45, 10-47, 10-48, 10-221.3, 13-12 AND 15-13 AND REPEALING SECTION 10-44 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE TRANSPORTATION COMMISSION FUNCTIONS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10-42 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 10-42 Transportation Services Engineer There is hereby established the office of city transportation services engineer who shall be appointed by the City Manager and whose duties and powers shall be as set forth in this title. The transportation services engineer shall also be known as the transportation services manager and city traffic engineer." Section 2. Section 10-43 of the Costa Mesa Municipal Code is hereby amended to read as follows: "In addition to the powers and duties set forth in this title, it shall be the general duty of the transportation services engineer to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering- and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by this title. He shall report monthly to the city council all action taken by him which will affect the motoring and pedestrian public. Whenever, by the provisions of this title, a power is granted to the transportation services engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. Section 3. Section 10-44 of the Costa Mesa Municipal Code is hereby repealed and reserved for future use. Section 4. Section 10-45 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 10-45 Additional duties of the Transportation Services Engineer. The duties of the transportation services engineer shall be as follows: (a) Follow review established by city council on the exercise of authority to install or change traffic control devices. (b) Advise the planning commission for appeals on the requests of the public to install or change those traffic control devices that fall under the authority of the transportation services engineer. 2 (c) Advise the city council concerning proposals for new traffic ordinances or changes in traffic control devices for which the city council retains authority. (d) Advise the planning commission and city council regarding proposed amendments to the transportation element of the general plan. (e) Advise the city council regarding short- term -and long-range plans to improve the transportation systems.of the city. (f) Advise the city council regarding studies or proposals for actions which may significantly change transportation facilities or conditions within the city. (g) Advise the planning commission and city council regarding the adequacy of environmental impact reports and circulation mitigation measures for private or public projects which may affect transportation. (h) Advise the police department traffic bureau of locations recommended for increased enforcement of specific or general traffic laws, based on public input. 3 Section 5. Section 10-46 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 10-46 Coordination and Appeals: Planning Commission and Transportation Services Engineer. (a) The transportation services engineer may request that action be taken by the planning commission at a public hearing on any matter in this title wherein the transportation services engineer is granted exclusive jurisdiction. (b) Appeals may be taken from .the decisions of the transportation services engineer pursuant to Title 2 of this Code on the following matters to the planning commission: 1. Installation or removal of audible pedestrian signals. 2. Implementation of master plan of bikeways. 3. Bus shelter advertising. 4. Implementation of city-wide traffic impact fees. 5. Implementation of congestion management program and transportation demand management program. 6. Intersection improvements. 7. Parking restrictions and permits. 8. Pedestrian access. 9. Signal installations or removals. 4 10. Speed bumps. 11. Stop sign installation or removals. 12. Street closures 13. Vehicle parking district. c. - The transportation services engineer's decisions on the matters set forth in subsection (b) shall be final unless appealed to the planning commission. Section 6. Section 10-47 of the Costa Mesa Municipal Code is hereby reappealed and reserved for future use. Section 7. Section 10-48 of the Costa Mesa Municipal Code is hereby amended to read as follows: "It shall be the duty of the transportation services engineer to establish a system of guide signs within the city and to approve or disapprove applications and requests for guide signs, upon payment of an application fee set by resolution of city council, subject to the right of the applicant for such sign to appeal to the planning commission. All guide signs shall conform to the "Standards for Guide Signs" in the City, as established by resolution of City Council, which is hereby incorporated herein by this reference. Section 8. Subsection (c) of Section 10-221.3 of the Costa Mesa Municipal Code is hereby amended to read as follows: "(c) Denial of an application pursuant to this article may be appealed to the planning commission pursuant to Title 2 of this Code." 5 Section 9. Section 13-12 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 13-12 Other Powers of Planning Commission. The planning commission shall have the powers, except as otherwise provided by law, to do such other things as shall be necessary to carry out the provisions reserved to the planning commission in Title 10, this code and the provisions of the Conservation and Planning Act of the state, its amendments or any act substituted therefore." Section 10. Subsection 10 of Section 15-13 of the Costa Mesa Municipal Code is hereby amended to read as follows: , 1110. Revocation. The public services director or his or her designee shall set a hearing before the planning commission for the revocation of the encroachment permit and/or pursue other legal remedies as may be deemed appropriate by the city attorney whenever the public services director determines that either: a. The permittee has failed to comply with one (1) or more of the conditions attached to the encroachment permit at the time of granting thereof; b. Because of changed or unforeseen circumstances, the findings necessary for approval of the encroachment permit can no longer be made." Section 11. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 1st day of November, 1993. ATTEST: May of the City of Costa Mesa APPROVED AS TO FORM: 7�"' % Q/"U'� 4ze* City Cler of the City of Costa Mesa City Attorney 7 STATE OF CALIFORNIA.) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 93-17 was introduced and considered section by section at a regular meeting of said City Council held on the 25th day of October, 1993, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 1st day of November, 1993, by. the following roll call vote: AYES: COUNCIL MEMBERS: G��iS� I-iumPM2 Y, HRrJaua�1-4j�:; l3crF,CA, E R. eKSoiV NOES: COUNCIL MEMBERS: jJo NE ABSENT: COUNCIL MEMBERS: ,'JoN i� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of.the City of Costa Mesa this 2nd day of November, 1993. Deputy C4ft Clerk and ex -officio Clerk of the City Council of the City of. Costa Mesa a EXHIBIT "A" Proposed Distribution of'Transportation and Traffic Duties IrTOPIC DECISION INPUT APPEAL Audible Pedestrian Signals PS Staff PC Master Plan of Bikeways Amendments CC PR/PC Bridge Study PS Staff Bus Shelter Advertising PS Staff PC City-wide Traffic Impact Fees PS Staff PC Congestion Management Program & TDM Ordinance PS Staff PC CC Environmental Impact Reports PS Staff General Plan Amendments CC PC Intersection Improvements PS Staff PC Parking Restrictions and Permits PS Staff PC Pedestrian Access PS Staff PC Signal Installation PS Staff PC Speed Humps PS Staff. PC Stop Signs PS Staff PC Street Closures PS Staff PC Traffic Control Modifications PS Staff PC Vehicle Parking Districts PS Staff PC Key: PS - Public Services staff PR - Parks, Recreation Facilities, & Parkway Commission PC - Planning Commission