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Resolution Number 13-08-20-01RESOLUTION NO. 13-08-20-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 13-02-05-03, ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS WHEREAS, Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code provides for membership on Commissions and Boards to be established by a Resolution of the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend Resolution 13-02-05-03 to establish the following membership requirements on City Council appointed Commissions: a. Cultural Heritage Commission: Membership on the Cultural Heritage Commission shall consist of five (5) members, two (2) of whom are not required to be a resident of the City. b. Planning Commission: Membership on the Planning Commission shall consist of five (5) members. c. Parks Recreation and Senior Services Commission: Membership on the Parks, Recreation, and Senior Services Commission shall consist of five (5) members. d. Utilities Commission: Membership on the Utilities Commission shall consist of five (5) members. e. Open Space, Trails and Equestrian Commission: Membership on the Open Space, Trails and Equestrian Commission shall consist of five (5) members. BE IT FURTHER RESOLVED, that a majority of the number of appointed members for each of the foregoing commissions shall constitute a quorum for the transaction of business of each commission. .. ,.,.• A!•. T MORRIS, CIT* CLERK 1 D phis 20A day of August 2013. IIr_Y!I 8-20-2013 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 13-08-20-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 20th day of August 2013, by the following vote: AYES: COUNCIL. MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MOgR15\ City Clerk City of San J u a Agee TO: Karen P. Brust, City r FROM: Maria Morris, City Clerk ,kVV DATE: August 20, 2013 1I().I() 8/20/21013 Capistrano Boort Gla SUBJECT: Consideration of an Ordinance Restructuring City Commissions and Committees; and a Resolution Revising Membership on City Commissions RECOMMENDATION: By motion: 1. Approve the first reading and introduction of an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 7 - DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 13 - TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE;" and, 2. Adopt a Resolution amending membership requirements for City commissions. EXECUTIVE SUMMARY: Staff has been directed by the City Council to bring forward a resolution amending membership requirements to no more than five (5) members for City commissions; and an ordinance amending the Municipal Code by dissolving the Transportation Committee, the Design Review Committee, and the Investment Advisory Committee. The ordinance also amends the duties of the Planning Commission by adding the former duties of the Design Review Committee. DISCUSSIONIANALYSIS: At its meeting of May 15, 2013, the City Council directed staff to bring back an ordinance to restructure the City's Commissions and Committees by removing the Transportation Committee and the Investment Advisory Committee, and to bring back alternatives regarding the role of the Design Review Committee. At its June 18, 2013, meeting the City Council took an action to eliminate the Design Review City Council Agenda Report August 20, 2013 Page 2 of 3 Committee and have staff and the Planning Commission be responsible for design review; and to bring back a resolution amending membership requirements to five (5) members for all commissions. On August 7, 2013, the City Council held a Joint Special meeting with the Planning Commission to discuss the duties and expectations of the Planning Commission. The City Council took action to transfer the previous duties of the Design Review Committee to the Planning Commission, with the understanding that Ad -Hoc Subcommittees could be formed by the Planning Commission on an as -needed basis to further review design issues for specific projects. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • The City Council reviewed the structuring of the City Commissions, Committees and Boards at its November 13, 2012, meeting. • The City Council adopted an ordinance and resolution pertaining to the restructuring of the City Commissions, Committees and Boards at its February 5, 2013, meeting. • The City Council considered the lack of applications received to serve on the Design Review Committee, the Investment Committee and the Transportation Committee at its May 15, 2013, meeting. • The City Council considered alternatives for the Design Review Committee at its June 18, 2013, meeting. • The City Council/Planning Commission considered duties and expectations of the Planning Commission at its August 7, 2013, special meeting. COMM ISSION/COMMITTEEfBOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: The City Clerk's Department has notified all the City's Commissions. City Council Agenda Report August 20, 2013 Page 3 of 3 ATTACHMENT(S): Attachment 1 — Draft — Ordinance Restructuring City Council Commissions and Committees Attachment 2 — Draft — Resolution Amending Membership Requirements for City Council Commissions ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 7 — DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 13 — TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The City Council of the City of San Juan Capistrano, California, DOES HEREBY ORDAIN as follows: SECTION 1. Article 7 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby amended to read as follows: Article 7. — Planning Commission Sec. 2-2.703. — Duties. The Planning Commission shall undertake and have the following duties, responsibilities, and functions, together with the powers incidental thereto: (a) To study and make recommendations to the City Council on amendments to the City's General Plan; (b) To develop and make recommendations to the City Council on specific plans designed to implement portions of the City's General Plan; (c) To review the City's Capital Improvement Program for consistency with the City's General Plan and forward recommendations to the City Council, (d) To make recommendations to the City Council to effectuate changes to the land use provisions set forth in Title 9 of this Code, consistent with provisions of the General Plan; (e) To approve, deny, or approve with modifications or conditions, development proposals, or parts thereof, in accordance with the land use provisions set forth in Title 9 of this Code; and review and make recommendations to development applicant's project desi n plans for compliance with the _-ggoals and policies of the City's General Plan Community Design Element_ and adopted architectural design uidelines and other policies re-gardin_q the desi n of proiects that are processed in accordance with Title 9, Chapter 2, Article 2, Section 9-2.313 of this Code; I Attachment 1 UN 11111111 0 • 1 SWOMPAIM Toappoint membersof thePlanning (i) To undertake such other duties as may be assigned by the City Council. SECTION 2. Article 8 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby removed in its entirety. i . .. (i) To undertake such other duties as may be assigned by the City Council. SECTION 2. Article 8 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby removed in its entirety. i . .. . + MI MIN o - - SECTION 3. Article 11 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby removed in its entirety. ►Q: �Qi�:.a ��� i.: Ri.�a ii_s �i�..� � _ --- _—U 30 --spa SECTION 4. Article 13 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby removed in its entirety. + + - R. = wI� •w - - - - SECTION 4. Article 13 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code is hereby removed in its entirety. MAW SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; 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 a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 21 -. WWI aIF canfeFrnanGeInvestmentwiththe Policy; Periodically-Gity's- Wfolio .+,the making Of - investment Polley - - -owed; 0 safeguardsestablished the investmeRtS Advise the City's StFategiesi staff regarding potential and potential- manage-managemeRt of InvestmentThe _ investment- 1. .r Committee- making of- - - SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; 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 a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 21 PASSED, APPROVED, AND ADOPTED this P day of September 2013. .JOHN TAYLOR, MAYOR ATTEST: MARIA MORRIS, CITY CLERK RESOLUTION NO. 13-08-20-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 13-02-05-03, ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS WHEREAS, Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code provides for membership on Commissions and Boards to be established by a Resolution of the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend Resolution 13-02-05-03 to establish the following membership requirements on City Council appointed Commissions: a. Cultural Herita e Commission: Membership on the Cultural Heritage Commission shall consist of five (5) members, two (2) of whom are not required to be a resident of the City. b. Planning Commission: Membership on the Planning Commission shall consist of five (5) members. c. Parks, Recreation, and Senior Services_ Commission: Membership on the Parks, Recreation, and Senior Services Commission shall consist of five (5) members. d. Utilities Commission: Membership on the Utilities Commission shall consist of five (5) members. e. Open Space, Trails and Equestrian Commission: Membership on the Open Space, Trails and Equestrian Commission shall consist of five (5) members. BE IT FURTHER RESOLVED, that a majority of the number of appointed members for each of the foregoing commissions shall constitute a quorum for the transaction of business of each commission. PASSED, APPROVED, AND ADOPTED this 20th day of August 2013. ATTEST: MARIA MORRIS, CITY CLERK JOHN TAYLOR, MAYOR 1 8-20-2013 ATTACHMENT 2