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HomeMy WebLinkAbout50B - ORD - ETAC DUTIESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETINGS DATE: DECEMBER 20, 2016 TITLE: ORDINANCE AMENDING CHAPTER 33, ARTICLE VII, OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE {STRATEGIC PLAN NO. 6, 1G} Ile CTTY MANAGE RECOMMENDED ACTION ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 e0 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�Iw�@l�L�il�7�7 Adopt an ordinance amending Chapter 33, Article VII, of the Santa Ana Municipal Code relating to the role and duties of the Environmental and Transportation Advisory Committee. DISCUSSION In 1991, the City Council established the Environmental and Transportation Advisory Committee (ETAC) by adopting Resolution 91-112. Administrative amendments related to ETAC were subsequently approved by Resolutions 92-102 and 92-103. In 1999, Ordinance NS 2414 codified the duties of ETAC in Chapter 33 of the Municipal Code, but only made reference to ETAC duties with respect to trees. In 2014, staff looked into the history of ETAC including Ordinance NS 2414. The City Attorney reviewed that history and determined that ETAC may only advise the City Council on matters related to trees and the urban forest. That determination was brought to the attention of the City Council in 2015 and, as directed by the Council, staff has been collaborating with ETAC to clarify and modernize the roles and responsibilities of ETAC. The current general duties of ETAC consist of acting in an advisory capacity to the City Council on matters regarding public trees in the public right-of-way as they relate to their removal, planting, replanting, or disposition. ETAC is also responsible for recommendations concerning designated tree species on streets and in neighborhoods. When requested by the City Council, ETAC may consider, investigate, make findings, report, and recommend on special matters within the scope of the urban forest. In the updated duties, ETAC will also act in an advisory capacity to the Public Works Agency in the study, review, and development of recommendations 50B-1 Ordinance Amending Chapter 33, Article VII, Role and Duties of ETAC December 20, 2016 Page 2 related to transportation and streetscape master plans, and in reviewing guiding principles on Water and Wastewater matters. The proposed Ordinance (Exhibit 1) clarifies ETAC's roles and responsibilities as described. During the collaboration process, the ETAC bylaws were also updated (Exhibit 2). However, since the amended ordinance will not go into effect until 30 days after the second reading, the bylaws are provided here for reference only. The new bylaws will be presented for adoption after the ordinance has been enacted. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). FISCAL IMPACT There is no fiscal impact associated with this action. Fri --d Mousavipour Executive Director Public Works Agency FM/NEG Exhibits: 1. Ordinance 2. Bylaws 50B-2 )mi 11.30.16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council is authorized pursuant to Santa Ana Charter Section 900 to create by ordinance such appointive boards or commissions as in its judgment are required and is authorized to grant to them powers and duties consistent with the Charter. B. On December 2, 1991, the City Council created and established pursuant to City Council Resolution No. 91-112 the Environmental and Transportation Advisory Committee (ETAC) for the City of Santa Ana, which consists of nine (9) members, citizens, residents and business representatives of the city. C. The various resolutions that govern ETAC have differing references to ETAC's role and duties. D. Ordinance No. NS -2414, which codified the duties of ETAC in Chapter 33 of the Santa Ana Municipal Code, only makes reference to ETAC's duties with respect to trees. E. The City Council seeks to update and clarify the duties of ETAC in order to remove any inconsistencies and ambiguities as to ETAC's role and duties as an advisory body. F. Based on the foregoing, it is necessary to amend sections of the Santa Ana Municipal Code in order to clarify and update the duties of ETAC. SECTION 2. Section 33-183 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33.183. Creation and establishment of the Environmental and Transportation Advisory Committee. (a) On December 2, 1991, the city council created and established under city council Resolution No. 91-112 the environmental and transportation advisory committee Exhibit 1 Ordinance No. NS -XXX 50B-3 Page 1 of 4 (ETAC) for the City of Santa Ana. The Environmental and Transportation Advisory Committee shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of sections 900 and 900.1 of the Charter of the City of Santa Ana shall govern the appointment, removal, and terms of members of ETAC and the existence of vacancies on ETAC. Membership in ETAC may include one (1) member who shall be nominated by the Santa Ana Chamber of Commerce and one (1) member nominated by the Santa Ana Hispanic Chamber of Commerce within the nine (9) member limit. The members nominated by the Chambers need not be qualified electors of the city. (b) ETAC meetings and procedures shall be resolved and detailed in separately adopted by-laws. SECTION 3. Section 33-184 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33-184. Duties and responsibilities of the Environmental and Transportation Advisory Committee. (a) The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. ETAC shall make recommendations on designated species for specific streets and neighborhoods. (b) ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. (c) ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of the urban forest. (d) The duties of ETAC shall also consist of acting in an advisory capacity to the Executive Director of the Public Works Agency, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. (e) ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advise on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. (f) Prior to the Public Works Agency presenting principles and policies on Water and Wastewater, the Public Works Agency Executive Director may seek a Ordinance No. NS -XXX Page 2 of 4 50B-4 Jmf 11.3016 recommendation from ETAC regarding guiding principles and policies related to Water and Wastewater. (g) The Public Works Agency Executive Director may seek ETAC's input and comment on transportation projects. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption, SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:, f John M. Funk Assistant City Attorney AYES: Councilmembers NOES ABSTAIN: Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Ordinance No. NS -XXX 50B-5 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 4 of 4 50B-6 THE SANTA ANA ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE BYLAWS ARTICLE I — THE COMMITTEE SECTION 1. Name of Committee. The name of the Committee shall be the Santa Ana ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE. SECTION 2. Duties of the Chair. The chair shall .be'an officer of the committee and preside at all the meetings of the Committee, authorize calls for any special meetings subject to the availability of Public Works Agency staff;, and execute all documents authorized by the Committee. SECTION 3. Duties of the Vice -Chair. The vice -chair shall be an officer of the committee and perform the duties of the chair in the absence or incapacity of the chair; and in the case of the resignation or death of a chair, the vice- chair shall perform duties as are imposed on the chair until such time as the Committee shall elect anew chair. SECTION 4. Recording Secretary, The Executive Director of the Public Works Agency shall appoint an employee to serve as Recording Secretary of the Committee, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. SECTION 5. Additional Duties of Committee Officers. The officers of the Committee shall perform such other duties and functions as may from time to time be required by the Committee, the Santa Ana Municipal Code, the bylaws, or rules and regulations of the Committee. SECTION 6. Appointment/Removal. Committee Members shall be subject to appointment and removal, and shall serve terms in accordance with section 901 of the Charter of the City, of Santa Ana. ARTICLE II — COMMITTEE -OFFICERS SECTION 1. Selection and Term of Officers. The Committee shall have two elected offices: Chair and Vice Chair. The chair and vice -chair shall be elected during the month of June in each calendar year and shall take office effective the first day of July following each said election. Nominations for officers shall be made in person. In the event of a vacancy in the office of chair or vice -chair, the Committee shall elect one of its members to the unexpired term. Exhibit 2 12 20 16 XXX PWA 06b Exh2 ETAC Bylaws.docx 50B-7 1 SECTION 2. Absence of Chair and Vice -Chair. In the event that both the Chair and Vice Chair are absent from the same meeting of the Committee, the Committee shall, as the first order of business, nominate a member to serve as Chair pro tem for the meeting. ARTICLE III — MEETINGS SECTION 1. Time and Place. A. Regular Meetings. Regular meetings of the Cc monthly, on the second Tuesday of the month, 20 Civic Center Plaza, Santa Ana, at 7:30 am not available, in a suitable available alternate I In the event any regular meeting falls on a'holi on the next business day at a time desgm meeting may be adjourned to a time and place B. Special Meetings. Special meetings Chairperson, or by a majority of the Corr Public Works Agency staff. mmittee may be held as frequently as held at Room 1600, City Hall Annex, I., or, in the event that Room 1600 is )cation as decided by the Committee. day, the regular meeting may be held ited by the chairperson. A regular designated by the chairperson. at the direction of the subject to the availability of SECTION 2. Quorum. More than one half of the members shall constitute a quorum for the purpose of conducting the Committee business and exercising its powers and, for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. SECTION 3. Order of Business. At the regular meetings of the Committee, the following will be the order of business: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Comments (Agenda Items) 5. Consent Calendar 6. Business Calendar 7. Work Study Session (if any) 8. Public Comments (Non Agenda Items) 9. Staff Member Comments 10. Committee Member Comments SECTION 4. Resolutions. Ali written resolutions shall be designated by number, reference to which shall be inscribed in the minutes and an approved copy shall be filed in the official Book of Resolutions of the Committee. 12 2016 XXX PWA 06b Exh2 ETAC Bylaws.docx 50B-8 2 SECTION 5. Ad -Hoc Committees. The Chair, in consultation with the Committee, may appoint ad-hoc committees created for a specific task on an as -needed basis to study a specific topic or subject and return to the full Committee with a recommendation. SECTION 6. Committee Member Absences. If a member of the Committee absents himself or herself from two (2) regular meetings of the Committee, consecutively, unless by permission of the Committee expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of the Committee within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city [except that members representing the Chambers of Commerce shall not be required to be qualified electors of the City], the office shall become vacant and shall be so declared by the city council. A notification, of non-attendance to the Recording Secretary by either e-mail, telephone or through message, relayed by staff or other Committee member may be deemed as an "excused absence" after consideration and vote of a majority of the Committee. Failure to give notification of non-attendance as described herein shall be deemed as "unexcused." SECTION 7. Abstentions and Conflicts of Interest. No member of the Committee shall abstain from any vote unless disqualified. If a member of the Committee feels that he/she is disqualified from voting, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the matter's debate and vote. SECTION 8. Discussion. Each Committee member may speak for five minutes on an agenda item, if he/she desires. Once all Committee Members have had the opportunity to speak, a Committee Member may speak again when recognized by the chair. SECTION 9. Brown Act Compliance. All proceedings of the Committee shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.), as amended from time to time. SECTION 10. Parliamentary Procedures. The current edition of Robert's Rules of Order Newly Revised shall be the authority on all questions of parliamentary procedure, unless in conflict -with the Santa Ana Municipal Code, the laws of the State of California or these bylaws. SECTION 11. Amendment of Bylaws. The Bylaws of the Committee shall be amended only with the approval of at least four (4) members of the Committee at a regular or special meeting, but no such amendment shall be adopted unless at least seven (7) days written notice thereof has been previously given to all members of the Committee. Such notice shall identify the section(s) of the bylaws proposed to be amended. 12 20 16 XXX PWA 06b EA2 ETAC Bylaws.docx 50B-9 3 ARTICLE IV — ACTION ON ITEMS SECTION 1. Manner of Voting and Decision. The voting on Committee agenda items shall be entered upon the minutes of such meeting with the ayes and the noes and any abstentions set forth with specificity. No action shall be taken by the Committee unless it is concurred upon and adopted by the affirmative vote of more than one-half of the Committee members present. Any member who voted with the majority on any action may move for reconsideration of such action only at the same meeting. SECTION 2. Order of Voting. When a motion has been made and seconded, the members of the Committee supporting the motion shall indicate their votes verbally or by a show of hands. SECTION 3. Processing of Motions. A motion shall be made and seconded. Any debate, if any, would then follow. If it is likely there may be confusion as to the motion, the chair should ask the Recording Secretary to read from his/her notes. A motion may not be withdrawn by the mover without the consent of the second and the approval of the Committee. SECTION 4. Motion by Chair. The chair has the right to make or second motions and, in his/her absence, when the vice -chair is acting in the same capacity, he/she has the same right, using discretion and tact as to recognition of other members. SECTION 5. Priority of Motion. When a motion is before the Committee, no motion shall be entertained except (1) to adjourn, (2) to fix hour of adjournment, (3) to lay on the table, (4) for the previous question, (5) to postpone to a certain day, (6) to refer, (7) to amend, and (8) to postpone indefinitely. These motions shall have precedence in the order indicated. SECTION 6. Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Committee is approved by the majority. In the event a motion to deny fails to carry, the chair shall call for a motion to approve. SECTION 7. Tie Vote. In the event of a tie vote on a motion, the Committee shall be deemed to have made no decision, and the Minutes shall reflect the tie vote. SECTION 8. Vote Required on Other Motions. The vote required to decide motions in the affirmative shall be the vote of more than one-half of the members of the Committee present. SECTION 9. Appeal of Decision. Any decision or ruling of the chair may be appealed to the Committee by request of any member and seconded by another. The chair shall then call a vote to see if the chair's decision shall be upheld. 12 2016 XXX PWA 06b EA2 ETAC Bylaws.docx 50B-10 4 SECTION 10. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time or "have entered on the minutes" for vote at the next succeeding meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. ARTICLE V - CONDUCT OF PUBLIC HEARINGS SECTION 1. Matters to be Considered. The Committee shall hold public hearings as mandated by law. As to each public hearing, the chair shall state the matter before the Committee, and open the public hearing. Staff presents a report, and then the chair shall then recognize any members of the public wanting to speak with regard to the matter. SECTION 2. Time Limit to Address Committee. No person addressing the Committee shall speak more than three(3)minutes. All persons addressing the Committee shall be recognized by the chair and shall state their name and address prior to speaking. SECTION 3. Closing the Hearing. After all speakers have been heard, the chair shall declare the hearing closed. A closed hearing may be reopened only on motion and vote as hereinafter provided. After close of the hearing, members of the Committee may publicly discuss the matter before them and may ask questions of persons who have spoken before the Committee. Upon conclusion of the discussion, the chair shall ask for a motion declaring the decision of the Committee. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Committee. ARTICLE VI — POWERS AND DUTIES OF THE COMMITTEE SECTION 1. As more fully described by Santa Ana Municipal Code section 33-184, the duties of ETAC shall consist of acting in an advisory capacity to the City Council, in the study, review, and recommendation with regard to the removal, planting, replanting or disposition of public trees along city streets in the public right of way. SECTION 2. As more fully described by Santa Ana Municipal Code section 33-184, the duties of ETAC shall also consist of acting in an advisory capacity to the Executive Director of the Public Works Agency, in the study, review, and recommendation with regard to transportation issues, streetscape issues, and general water and wastewater policies 12 20 16 XXX PWA 06b EA2 ETAC Bylaws.dou 50B-1 1 5 50B-12