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HomeMy WebLinkAboutItem #19CITY OF LAI EC LSINORJE DREAM FXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: DECEMBER 10, 2013 SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION Recommendation It is recommended that the City Council take the following actions in regards to the Public Safety Advisory Commission (PSAC): 1. Waive further reading and introduce by title only Ordinance No. 2013 -1317. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE PUBLIC SAFETY ADVISORY COMMISSION; and 2. Direct staff to complete the recruitment to fill the four existing vacancies on the Commission and to consider all applications on file as of December 31, 2013; and 3. Designate the Chairperson of the Commission for the period ending June 30, 2015. Background The Public Safety Advisory Commission was re- established on March 9, 2004 to serve as a conduit of information from the residents and businesses of the City of Lake Elsinore to their public safety, code enforcement and emergency services professionals. It plays a vital role in the City's mission to provide the best traffic safety, lake safety, law enforcement, fire protection, and emergency preparedness for our residents and businesses. Members of the PSAC are appointed by the City Council to four -year staggered terms. In June 2013, three of these terms expired and one commissioner resigned. Therefore, with four vacancies on the Commission, this was the ideal time to redefine the Commission's duties and responsibilities to align with the needs and expectations of the City Council. AGENDA ITEM NO. 19 Page 1 of ll Ordinance Amending PSAC; Commissioner Recruitment December 10, 2013 Page 2 of 2 Discussion On October 22, 2013, the City Council voted to establish a subcommittee to work on revisions to the PSAC ordinance. The subcommittee, consisting of Council Member Manos, Council Member Tisdale, PSAC Commissioner Stewart and staff, met on November 1, 2013 to review similar commission ordinances, discuss proposed changes, and address additional considerations for the commission. The attached Ordinance shows the additions and deletions to the municipal code in redline format per the direction of the subcommittee. Key changes and /or additions include additional oversight, improved reporting to the City Council, the appropriate use of city personnel and a formal member orientation process. With respect to the recruitment to fill these vacancies, staff proposes a 30 -day recruitment period. The recruitment period will be followed by an interview process conducted by the Commission Appointment Committee. Staff anticipates that the recommended appointees will be taken to the full City Council for consideration and final approval in February 2013. Successful appointees will then be seated in March with the PSAC resuming its duties and holding regular meetings beginning March 19, 2013. At this time, the City has received 11 applications for the existing vacancies. Pursuant to Council Policy No. 200 -5A, applications may be considered for various vacancies throughout the year although applications generally expire each December 31st. However, due to the delays in the application process and for purposes of the current Commission vacancies as of January 1, 2014 only, the subcommittee recommends that the City Council allow the consideration of all applications on file as of December 31, 2013. The term of the Public Safety Advisory Commissioners filling such vacancies shall be as follows: for one Commission vacancy, the term shall commence following appointment to June 30, 2015; and for the remaining three Commission vacancies, the term shall commence following appointment to June 30, 2017. In addition, the subcommittee recommended the City Council designate the remaining PSAC Commissioner, Dennis "Jay" Stewart, as Chairperson of the Commission for the period ending June 30, 2015. Prepared by: Nicole Dailey Management Analyst Approved by: Grant Yates City Manager Attachment: Ordinance No. 2013 -1317 Ordinance No. 2013 -1317 (redlined to show changes) Page 2 of 11 ORDINANCE NO. 2013-1317 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDER AS FOLLOWS: SECTION 1. That Chapter 2.46 of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: Chapter 2.46 PUBLIC SAFETY ADVISORY COMMISSION 2.46.010 Definition. "Public safety" is that which is related to traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services within the City of Lake Elsinore. 2.46.020 Creation of a Public Safety Advisory Commission. A Public Safety Advisory Commission is established. 2.46.030 Membership. The Public Safety Advisory Commission shall consist of five members. No officers or employees of the city or a person under an employment contract, subject to the jurisdiction of the city council, shall be members of such commission. A member of the Public Safety Advisory Commission shall be at least 18 years old and either: (a) reside within the City of Lake Elsinore, or (b) be an owner of a business that is established and currently licensed within the City of Lake Elsinore. Members shall be subject to a routine background check to be administered by the Police Department. 2.46.040 Appointment and Removal of Commissioners. A subcommittee of the City Council shall recommend candidates to the City Council to serve as members of the Public Safety Advisory Commission. Appointment to the Public Safety Advisory Commission shall be approved by a majority of the City Council. Individual commissioners can be removed at the pleasure of a majority of the City Council without notice or hearing. Upon appointment to the Public Safety Advisory Commission, commissioners shall complete an orientation regarding their role and responsibilities, the Brown Act, City organization and the City code of conduct. Page 3 of 11 Ordinance No. 2013 -1317 Page 2 of 4 2.46.050 Term of Office. Members of the Public Safety Advisory Commission shall be appointed for a term of no more than four years. Each term shall commence on July 1St of the respective year in which appointed. Terms shall be staggered such that the terms of no more than three commissioners expire within a two year period. If a commissioner resigns prior to the end of their term, a replacement will be appointed to serve out the remainder of that term. 2.46.060 Duties and Responsibilities. The Public Safety Advisory Commission shall have the following duties and responsibilities: (A) The Commission shall serve as a conduit of information for City residents and businesses to express their concerns regarding traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services. The Commission shall hear these concerns, communicate them to the designated staff administrator for the commission, and report back to citizens within a reasonable amount of time. (B) Investigate, review and analyze traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services issues including parking, pedestrian right of ways, traffic condition reviews, stop sign placements, traffic signals, road modifications, pavement markings, safety devices, posted speed limits, signage and engineering. (C) Assist in developing traffic, pedestrian and lake safety programs that will help reduce and /or prevent accidents, injuries and deaths on the lake and roadways within the City_ (D) The Commission shall gather additional input by maintaining an ongoing dialogue with various community organizations including, but not limited to, the Animal Friends of the Valleys, Citizens Corps, Lake Elsinore Marine Search and Rescue, neighborhood watch groups, homeowners' associations, Chamber of Commerce, Downtown Merchants Association, etc. (E) Reviews and suggests disaster planning, preparedness and crisis management programs and resources for further consideration by the City Council and /or staff. (F) Attend training regarding compliance with the City's code of ethics and conflict of interest policies. Page 4 of 11 Ordinance No. 2013 -1317 Page 3 of 4 (G) Provide a written report to the City Manager's office on a quarterly basis to be forwarded to the City Council for review. While the Commission may propose assignments and activities, assignments and activities other than specific duties and responsibilities of the Commission shall be undertaken by direction of the City Council or the City Manager. All commissioner communications and requests of City staff must be made via the City Manager's office including responses back through the City Manager's office to all commissioners to allow for better tracking and follow -up on requests. Recommendations of the Commission shall be undertaken by direction of the City Council or City Manager. Commission recommendations shall be made to the City Council at the discretion of the City Manager's office. 2.46.070 Meetings. (A) The Commission shall be subject to the laws governing public agencies and a quorum must be present in order to hold a meeting or take any action. (B) Printed agendas and backup material shall be prepared for each meeting. (C) Minutes of each meeting shall be prepared and distributed to all City Council Members and available upon request for public review at City Hall or on the City's website. (D) If a Commissioner cannot attend a meeting or is going to be late, he /she shall contact the City Manager's office. Failure to be present at four regularly scheduled meetings in any one calendar year may be cause for removal from the Commission pursuant to section 2.46.040. (E) The Commission shall be authorized to meet as often as twice a month, but not less than once a quarter. (F) The City Manager shall ensure adequate staff is allocated to provide necessary technical and clerical assistance for commission meetings. (G) The Commission shall confine its business at Commission meetings to addressing general public safety issues as provided in this chapter and shall not engage in discussions or address issues that relate to the internal operations of the City. 2.46.080 Obligations and Expenses. The Public Safety Advisory Commission shall incur no obligations or expenses of any kind, without obtaining prior written authorization and approval by the City Manager. 2.46.090 Termination of the Commission. The Public Safety Advisory Commission may be terminated at any time at the pleasure of a majority of the City Council. Page 5 of 11 Ordinance No. 2013 -1317 Page 4 of 4 SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 10th day of December, 2013, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _day of 2014. Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney Page 6 of I 1 ORDINANCE NO, 2013-1317 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDER AS FOLLOWS: SECTION 1. That Chapter 2.46 of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: Chapter 2.46 PUBLIC SAFETY ADVISORY COMMISSION 2.46.010 Definition. "Public safety" is that which is related to traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services within the City of Lake Elsinore. 2.46.020 Creation of a Public Safety Advisory Commission, A Public Safety Advisory Commission is established. 2.46.030 Membership. The Public Safety Advisory Commission shall consist of five members. No officers or employees of the city or a person under an employment contract, subject to the jurisdiction of the city council, shall be members of such commission. A member of the Public Safety Advisory Commission shall be at least 18 years old and either: (a) reside within the City of Lake Elsinore, or (b) be an owner of a business that is established and currently licensed within the City of Lake Elsinore. Members shall be subject to a routine background check to be administered by the Police Department. 2.46.040 Appointment and Removal of Commissioners. A subcommittee of the City Council shall recommend candidates to the City Council to serve as members of the Public Safety Advisory Commission. Appointment to the Public Safety Advisory Commission shall be approved by a majority of the City Council. Individual commissioners can be removed at the pleasure of a majority of the City Council without notice or hearing. Page 7 of 11 Ordinance No. Page 2 of 5 Upon appointment to the Public Safety Advisory Commission, all -- -new commissionersn4ust shall complete an orientation ^�i`�o �h--staff-regarding their role and responsibilities the Brown Act CAlty organization and the City code of conduct. 2.46.050 Term of Office. Members of the Public Safety Advisory Commission shall be appointed for a term of no more than four years. Each term shall commence on July 1 st of the respective year in which appointed. Terms shall be staggered such that the terms of no more than three commissioners expire within a two year period. If a commissioner resigns prior to the end of the -their term, a replacement will be appointed to serve out the remainder of that term. 2.46.060 Duties and Responsibilities. The Public Safety Advisory Commission shall have the following duties and responsibilities: (A) The Commission shall serve as a conduit of information for City residents and businesses to express their concerns regarding traffic and pedestrian safety, lake safety, code enforcement animal control and emergency services. The Commission shall hear these concerns, communicate them to the designated staff administrator for the commission, and report back to citizens within a reasonable amount of time. (B) Investigate, review and analyze traffic and pedestrian safety, lake safety, code enforcement animal control and emergency services issues including parking, pedestrian right of ways, traffic condition reviews, stop sign placements, traffic signals, road modifications, pavement markings, safety devices, posted speed limits, signage and engineering. (C) Assist in developing trafficpedestrian and lake safety programs that will help reduce and /or prevent - accidents, injuries and deaths on the lake and roadways within the City. (D) The Commission shall gather additional input by maintaining an ongoing dialogue with various community organizations including, but not limited to, the Animal Friends of the Valleys, Citizens Corps, Lake Elsinore Marine Search and Rescue, Page 8 of 11 Ordinance No. Page 3 of 5 neighborhood watch groups, homeowners' associations, Chamber of Commerce, Downtown Merchants Association, etc. (EG) Reviews and suggests disaster planning, preparedness and crisis management programs and resources for further consideration by the City Council and /or staff. (F) Attend training regarding compliance with the City's code of ethics and conflict of interest policies. ZGF-E- The Commission shall Provide a written re ort to the Cit Mang er's offi ELEZZrPPAmmPndatJnns shall be ferffarded=�Ihe City Council hy the City Manage.0 nnnq*dpEa4e�afor review, While the Commission may propose assignments and activities, all - assignments and activities other than specific duties and responsibilities of the Commission shall be undertaken by direction of the City Council or the City Manager.; All commissioner communications and requests of City staff must be made via the City Manager's office including responses back through the City Manager's office to all commissioners to allow for better tracking and follow -up on requests - a44eRecommendations of the Commission shall be - undertaken by direction of the City Council or City Manager. Commission recommendations shall be made to the City Council at the discretion of the City Manager's office • all reeammendatiens of the Commission shall bem2dP to the Q " via the G+ty Manager All Gornmissiener Gornmundoatiens and requests of G"tv staff must be made via the GIty Manaqer's E)ff'Ge with responses baG!( through the City MaRager's affiG tG all GGmrnissieRers to allow for w tracking and follow up on requests-- 2.46.070 Meetings. (A) The Commission shall be subject to the laws governing public agencies and a Page 9 of 11 Ordinance No. Page 4 of 5 quorum must be present in order to hold a meeting or take any action. (B) Printed agendas and backup material shall be prepared for each meeting. (C) Minutes of each meeting shall be prepared and distributed to all City Council Members and available upon request for public review at City Hall or on the City's website. (D) If a Commissioner cannot attend a meeting or is going to be late, he /she shall contact the City Manager's office. Failure to be present at four regularly scheduled meetings in any one calendar year may be cause for removal from the Commission pursuant to section 2.46.040. (E) The Commission shall be authorized to meet as often as twice a month, but not less than once a quarter. (F) The City Manager shall ensure adequate staff is allocated to provide necessary technical and clerical assistance for commission meetings. (G) The Commission shall confine its business at th-e-Commission meetings to addressing - general public safety issues as provided in this chapter and shall not engage in discussions or address issues that relate to the internal operations of the City. 2.46.080 Obligations and Expenses. The Public Safety Advisory Commission shall incur no obligations or expenses of any kind, without obtaining prior written authorization and approval by the City Manager. 2.46.090 Termination of the Commission. The Public Safety Advisory Commission may be terminated at any time at the pleasure of a majority of the City Council. Page 10 of 11 Ordinance No. Page 5 of 5 SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the .4-3t"-day of GGteber, 2013, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 2- 2116_day of 9cteber, 301 32014. Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney Page 11 of I 1