Montebello Municipal Code Ch. 2.44 Traffic and Safety Commission

Footnotes:

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Editor's note— Ord. No. 2463, § 3, adopted March 22, 2023, amended Ch. 2.44, to read as set out herein. The former Ch. 2.44 pertained to traffic and safety commission and derived from Ord. No. 2432, § 3, 1-13-2021; Ord. 2058 § 1 (part), adopted 1991; Prior code § 3201.02 (part); Ord. 2106 § 5, adopted 1994; Ord. 2158 § 4, adopted 1997; and Ord. 2428, § 5, adopted Nov. 18, 2020.

There is created a traffic and safety commission (traffic commission) which shall be responsible for the performance of the administrative functions delegated and assigned by the provisions of this chapter and as from time to time may be delegated and assigned by ordinance or resolution.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A. The traffic commission of this city shall consist of five members of the public. Each city council member shall appoint one member to the traffic commission. Members shall be appointed for terms not to exceed four years each; provided, that the city council shall stagger terms of office or portions of terms of office at such times as it shall be deemed necessary, so as to provide continuity in the membership of the traffic commission.

B. An individual shall be eligible for appointment to the traffic commission as long as he or she has been a resident within the city for at least one year prior to the time of his or her appointment and at all times during his or her term. Each member shall serve until his or her successor is appointed and qualified, or until he or she is removed from office, by not less than a majority vote of the total voting membership of the city council, with or without cause.

C. The following designated officers and employees of the city, or their duly authorized deputies or assistants, are hereby appointed and directed to attend and participate in all traffic commission meetings without additional compensation:

1. The city manager;

2. The community development director;

3. The city engineer;

4. The police chief; and

5. The city attorney.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

Each July, the traffic commission shall select one of its members as chairperson and one of its members as vice chairperson of the traffic commission for a term, respectively, of one year.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A. The traffic commission shall hold at least one regular meeting each calendar month, at such time and place as the secretary of the traffic commission shall designate for the traffic commission. The traffic commission shall adopt such rules as it deems to be necessary for the transaction of its business, and shall keep appropriate records thereof. Each member shall be entitled to receive a notice of every such meeting.

B. Quorum. Three members shall constitute a quorum for the conduct of any business of the traffic commission. All actions or recommendations of the traffic commission which are consistent with the powers and duties delegated by the provisions of this chapter or otherwise shall be presumed valid if such actions or recommendations are approved or ratified by any three members thereof.

C. Absence From Meetings. If any member of the traffic commission shall be absent, without cause, from three successive regular meetings of the traffic commission or for a total of six regular meetings or the traffic commission during a calendar year, the office of such member shall be deemed to be vacant. The secretary of the traffic commission shall immediately inform the city council of such vacancy.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

In addition to such powers as may be otherwise specified by the provisions of this chapter or any applicable law, ordinance, or resolution, the traffic commission shall have the following nonexclusive administrative powers, functions, and duties which are hereby delegated and assigned by the city council:

1. To cause to be placed any official traffic control device for the purpose of regulating, warning, or guiding traffic;

2. To cause to be synchronized or otherwise regulated any official traffic control device;

3. To cause to be established and marked any pedestrian safety zone or crosswalk, any traffic or directional lane, any loading, passenger, taxi, or bus zone, or any uniform or approved highway safety marking;

4. To cause to be posted or erected any stop sign, yield sign, turning marker or sign, directional sign, or sign prohibiting or regulating the speed, movement, or turning of vehicles;

5. To cause to be posted or erected any sign regulating or prohibiting parking; and

6. To cause the removal, relocation, or discontinuance of any of the devices, markings, and signs set forth in subsections (1) through (5) of this section when the factors or conditions which warranted their installation no longer exist except where their installation or continued maintenance is otherwise provided by ordinance or resolution.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

The powers, functions, and duties set forth in this chapter shall be exercised or performed only after the traffic commission has determined that such exercise or performance is necessary to prevent or relieve traffic congestion, to ensure the orderly and safe movement of vehicular or pedestrian traffic, or to ensure public safety and convenience. In each instance, such determination shall be based upon one or more of the following:

1. Available traffic information or studies;

2. Field observations;

3. Vehicular traffic or pedestrian counts;

4. Established traffic engineering principles and practices; and

5. Traffic engineering surveys or studies.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

Notwithstanding any other provisions of this chapter, the police chief shall have the power and authority to temporarily exercise any powers delegated by the provisions of this chapter to the traffic commission when such temporary action shall be necessary to provide for an emergency or for the orderly movement and control of pedestrian or vehicular traffic or vehicle parking or whenever such action is deemed by him or her to be necessary for the protection of life or property or the public safety. All such actions by the police chief shall be deemed lawful unless and until superseded by further action of the traffic commission or the city council.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

Members of the traffic commission shall be entitled to such compensation as may, by resolution, be determined by the city council.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A. Issuance. Upon the determination that the installation, modification, or removal of any sign, signal, marker, or other device set forth in this article is necessary, the traffic commission shall cause to be issued a written work order which shall be directed to the department or division concerned and shall designate the location and nature of the work to be done, the required completion date, and any other instructions necessary to properly complete or coordinate the work. Such work order shall be presumed valid if signed by any member of the traffic commission after approval or ratification as provided in subsection (B) of Section 2.44.040 of this chapter.

B. Departmental Assistance. It shall be the duty of each person to whom a traffic commission work order is directed to promptly make available the facilities, services, and resources of his or her department to assist in expediting and effectuating the work prescribed in such work order.

C. Notice of Completion of Work. Promptly upon the completion of the work, the person to whom such order is directed shall notify the traffic commission in writing of the action taken.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A copy of the minutes of each meeting of the traffic commission, of each work order issued, and of each completion notice shall be filed with the city clerk who shall be responsible for maintaining a suitable system of filing and indexing the same for public reference. Additional copies thereof shall be distributed as, from time to time, may be directed by the city council.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A. Any project or recommendation for the same that is directed or made by the traffic commission that constitutes a "capital improvement project" as defined in this section shall require the approval of the city council.

B. For purposes of this section, "capital improvement project" is defined as an infrastructure improvement that is fixed in nature, has an approximate life-expectancy of over twenty-five years, and requires substantial public financial investment. Examples include, but are not limited to, large-scale physical developments or maintenance, such as building improvements, street reconstruction, traffic signals, and water main replacement.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

A. Any person aggrieved by any decision or action of the traffic and safety commission or any person charged with carrying out the orders of the traffic commission, may appeal the decision of the traffic commission to the council by filing a written letter of appeal with the city clerk not later than fifteen days following the rendering of the decision by the traffic commission or, the council, may upon motion, determine to review the decision of the traffic commission in the same manner as if an appeal had been filed by a person aggrieved by such a decision.

B. Upon notification by the clerk of such appeal, the secretary of the traffic commission shall transmit to the clerk of the traffic commission the file with the matter appealed. The clerk shall place the matter on the council's agenda as soon as possible thereafter, and shall give appellant, and any other interested person requesting such notice, ten (10) day's written notice of the time and place of such hearing. The council shall at the time of such hearing, review the matter and, shall affirm, modify or reverse the traffic commission's decision. The determination of the council shall be final and conclusive.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)

Neither the city traffic commission nor the council shall be required to hold formal noticed public hearings upon matters referred to in this chapter or Title 10 of this code. The traffic commission and the council shall hear any relevant evidence offered by any interested person, and shall consider the files and any staff report therein included.

(Ord. No. 2472, § 2, 1-10-2024; Ord. No. 2473, § 2, 1-24-2024)