San Marcos Municipal Code Art. IV Traffic Commission

There is hereby established the Traffic Commission, consisting of seven regular members and two alternate members. The members shall be appointed by the Mayor with consent of the City Council.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The terms of all members shall be as follows:

(a)

All Traffic Commissioners must reside within the City of San Marcos and be qualified electors (registered voters) of the City. All Commissioners shall serve at the pleasure of the City Council. The alternate Commissioners shall sit and vote in the absence of, or where a conflict exists for, any regular Commissioner.

(b)

Except as provided herein, regular and alternate Commissioners shall serve for a term of four years. Except as provided otherwise herein, terms shall be staggered in rotations determined by the City Clerk and commence the first day of the calendar year.

(c)

Any Commissioner may be removed by a majority vote of the City Council. A vacancy for a regular or alternate seat shall be filled in the same manner as an original appointment in accordance with State law. If a vacancy shall occur other than by expiration of a term for a regular or alternate Commissioner, it shall be filled by an available alternate Commissioner until such time as the City Council appoints an individual to fill the position during the annual appointment process.

(d)

A Commissioner position shall be deemed vacant when a Commissioner is absent from three successive regular meetings of the Commission without cause; absence for cause is permitted due to illness or unavoidable absence where written notice is given to the City Manager on or before the day of the missed regular meeting.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The Commission shall adopt rules and regulations for the conduct of its business. Four voting members shall constitute a quorum. The affirmative or negative vote of a majority of the Commissioners present at a meeting shall be necessary for the Commission to take action.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The City Traffic Engineer, or their designated representative, shall provide the staff services necessary to ensure the effective functioning of the Traffic Commission.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The Traffic Commission shall hold regular meetings at the discretion of the Commission, or at the direction of the City Council, unless the City Traffic Engineer determines that there is no such business to conduct. Special meetings may be held in accordance with the provisions of Section 54956 of the Government Code of the State of California.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

At the first meeting of each calendar year, the Traffic Commission shall elect a Chair and Vice-Chair from among its Commissioners to serve for a term of one year and until the successor of each takes office.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

The duties of the Traffic Commission shall consist of making decisions regarding the implementation of the City's traffic safety measures, including those that involve all modes of transportation such as vehicular, pedestrian, bicycle, or public transit. Those duties will be limited to those that cannot readily be addressed directly by City staff through the application of standard traffic engineering practice or as mandated by the requirements of the Vehicle Code, State, and Federal regulations. Further, traffic safety issues that are likely to be controversial within neighborhoods will also be referred to the Traffic Commission.

(b)

Requests for Commission action on traffic safety matters may either arise through citizen requests or staff referrals, whereby a staff report shall be prepared with the recommendations of the City Traffic Engineer or designee.

(c)

The City Council may refer any matter regarding the implementation of traffic safety measures to the Traffic Commission for its recommendation. Additionally, the Traffic Commission shall receive regular staff reports and/or presentations at their meetings regarding transportation- and traffic-related capital improvement or land development projects in the City, which are in the planning, design, or construction stages. The Commission may offer non-binding comments or recommendations to City staff regarding those projects.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Each member of the Traffic Commission, including the Chair, shall receive compensation as established by Resolution adopted by the City Council.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Purpose and Applicability. An appeal of a decision of the Traffic Commission may be submitted by an applicant or any person having an interest in the issue that is the subject of the decision to the City Council under the provisions of this chapter. The appeals process is illustrated in Figure 12.08-1, "Traffic Commission Appeals Process." The appeal process may only be applied to those situations where the Traffic Commission is authorized to make binding decisions regarding implementation of the City's traffic safety measures as provided in this chapter (see Subsection 12.08.130(a)). The decision of the City Council in the case of any such appeal shall be final.

FIGURE 12.08-1 Appeals Process

(a)

Filing an Appeal. The appeal may be taken by filing a written appeal with the City Clerk and paying any required fee within ten business days of the Traffic Commission decision. The appeal shall set forth the grounds upon which the appellant asserts the decision was erroneous.

(b)

Hearing. Upon the filing of an appeal and payment of any required fee, the City Engineer shall forward to the City Council the papers and documents applicable to such hearing, including the decision of the Commission. The parties shall be given reasonable notice of the date set for the hearing.

(c)

City Council Decision. The City Council shall consider the appeal at a public meeting and shall either:

Affirm the decision of the Traffic Commission; or

Render such decision as it considers appropriate.

(d)

Action Halted by an Appeal. An appeal stays all proceedings in furtherance of the action appealed from.

(e)

The administrative appeals process set forth in Chapter 2.14 shall not apply to appeals from decisions of the Traffic Commission.

(Ord. No. 2013-1375, 3-26-13; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)