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Ordinance Number 321ORDINANCE NO. 321 ESTABLISHING CITY BOARDS AND COMMISSIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR CITY BOARDS AND COMMISSIONS AND REPEALING ORDINANCE NO. 292 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Membership. A. Appointment: Members of each City Board and Commission shall be appointed by the affirmative votes of not less than three (3) members of the City Council, and shall be resident electors of the City, except as expressly provided herein. B. Service: Each member of a City Board or Commission shall serve for a one (1) year term. C. Removal: Any member of any City Board or Commission may be removed from such office, with or without cause, at any time, by the City Council. No such removal shall be effective unless a motion to that effect, made at a regular, adjourned regular, special or adjourned special meeting, is carried by the affirmative votes of not less than three (3) members of the said Council. D. Meetings: Except as expressly provided in this Ordinance, each Board and Commission shall establish the time and place of its regular meetings. All such meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act. Each Board and Commission shall adopt rules for the transaction of its business and shall keep a record of its proceedings, which shall be open for inspection by any member of the public. E. Absence of Members: Any member of any Board or Commission who is absent, without sufficient cause, from three (3) successive regular meetings of such Board or Commission shall be deemed to have vacated his office. An absence due to illness or an unavoidable absence from the City shall be deemed an excused absence of sufficient cause provided that notice thereof is given to the Secretary of the Board or Commission by such member, on or before the day of any regular meeting of the said Board or Commission. F. Organization: Each City Board and Commission shall annually elect one of its members as Chairman and one of its members as Vice -Chairman. Said election shall take place at the first regular meeting in May of each year. G. Vacancies. Qualification of Successor: Whenever a vacancy occurs on any City Board or Commission, such vacancy shall be filled in the manner set forth in Section 1(A) hereof. Where a vacancy occurs leaving an unexpired term, the subsequent appointment shall be made for the balance of such unexpired term. Except for the removal of a Board or Commission member, as provided in Section 1(C) hereof, or vacancy due to absence as provided in Section 1(E) hereof, notwithstanding the expiration of the term of a Board or Commission member, such member shall continue to serve as such, until his successor is appointed and qualified. -1- 419 This Section shall not apply to City employees or elected officials, appointed to a Board or Commission by title of their office. H. Compensation: Each member of a Board or Commission shall be entitled to such compensation as may be set by the City Council. Such members shall be entitled to reimbursement for expenses incurred in the performance of their official duties, if the same is approved, in advance, by the City Council. No Board or Commission shall have any authority to expend, or authorize the expenditure of any public funds, except with the prior express approval of the City Council. I. Terms: (1) Expiration of Terms. The term of a Board or Commission office shall expire on April 30 of the designated expiration year. (2) Continuation in Office. Each member of a City Board or Commission, holding such office, as of the effective date of this ordinance, shall continue in such office, for the term to which he was appointed; provided, that the provisions of this Ordinance shall control and govern such continuance in office. J. Secretary: The City Manager shall designate the Secretary of each Board and Commission. He shall provide appropriate clerical assistance for each such Board and Commission, and shall be responsible for the maintenance of all its permanent records. SECTION 2. Architectural Board of Review. A. Architectural Board of Review Created: An Architectural Board of Review for the City is hereby created. B. Membership: The Architectural Board of Review shall consist of a total of five (5) members. C. Duties: The Architectural Board of Review shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To review and make recommendation to the Planning Commission concerning elevations and conceptual landscaping plans for development projects. (2) To approve, upon direction from the Planning Commission, final working drawings consisting of: site plans; elevations; architectural details including but not limited to: mailboxes, lighting fixtures, trash enclosures, utility boxes, and roof equipment; landscaping and irrigation plans; and sign programs. Final Working Drawings shall not be forwarded to the Department of Building and Safety for plan check until they have been approved by the Board. (3) To implement or amend the Design Element of the General Plan. (4) To undertake such other duties as may be assigned by the City Council. -2- 421 SECTION 3. Cultural Heritage Commission. A. Cultural Heritage Commission Created: A Cultural Heritage Commission for the City is hereby created. B. Membership: The Cultural Heritage Commission shall consist of a total of seven (7) members, two (2) of whom are not required to be resident electors of the City. A quorum of the Commission shall consist of three (3) members, all of whom shall be resident electors of the City. C. Duties: The Cultural Heritage Commission shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) Generally, to act in an advisory capacity to the City Council, the Planning Commission, Parks and Recreation Commission, City staff and any other groups which the City Council might designate in all matters pertaining to the culture, heritage and history of the City of San Juan Capistrano. (2) To compile, keep and maintain a list of all sites, structures, persons, and events and landmarks which have cultural or historical significance or importance. This list shall be submitted to the City Council for its review. The Commission shall notify the owner of any item on the list of any special City requirements applicable to their property. (3) To implement and administer studies and plans relating to matters of historical, cultural, palcontological or archaeological significance and to make recommendations on the designation and creation of historical, cultural, palcontological or archaeological districts. (4) To recommend to the City Council an annual budget including: financing of the activities of this Commission; and capital projects designed to protect the cultural heritage of the community. The Commission shall also investigate the availability of funding programs through state and federal agencies. (5) To undertake such other duties as may be assigned by the City Council. SECTION 4. Environmental Review Board. A. Environmental Review Board Created: An Environmental Review Board for the City is hereby created. B. Membership: The Environmental Review Board shall consist of theCity Manager, the City Engineer, and the Director of Planning or their designated alternates. C. Duties: The Environmental Review Board shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To determine whether a project is ministerial, emergency, or categorically exempt. (2) To conduct or cause to be conducted Initial Studies to determine whether or not a project will have a significant effect on the environment. (3) To issue Negative Declarations if it is determined that a project will not have a significant effect upon the environment. -3- 423 (4) To require and administer EIR's on projects determined to have a significant effect upon the environment. (5) To make recommendations to the appropriate decision-making body as to the adequacy of a submitted EIR. (6) To review grading plans submitted for approved developments and determine if such plans are consistent with: a. Applicable City Ordinances; b. Conditions of approval for the development; Or C. Other appropriate criteria. (7) To process development applications, and to insure that development projects have been reviewed prior to consideration by the Planning Commission. (8) To undertake such other duties as may be assigned by the City Council. SECTION 5. Equestrian Commission. A. Equestrian Commission Created: An Equestrian Commission for the City is hereby created. B. Membership: The Equestrian Commission shall consist of a total of five (5) members. C. Duties: The Equestrian Commission shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To review and make recommendations to the Planning Commission concerning tentative maps with regard to their relationship to the equestrian element as identified in the Parks and Recreation Element of the General Plan of the City. (2) To review and recommend to the City Council equestrian plans which are developed in the implementation of the Parks and Recreation Element. (3) To review and recommend to the City Council plans for the development of equestrian facilities and activities in the City. (4) To undertake such other duties as may be assigned by the City Council. SECTION 6 Parks and Recreation Commission. A. Parks and Recreation Commission Created: A Parks and Recreation Commission for the City is hereby created. B. Membership: The Parks and Recreation Commission shall consist of a total of five (5) members. C. Duties: The Parks and Recreation Commission shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To review and make recommendations to the Planning Commission concerning tentative maps with regard to their relationship to the City's Parks Program as identified in the Parks and Recreation Element of the General Plan and the Parks requirements of the City. -4- rlmr.�-J (2) To review and recommend to the City Council park plans which are developed in the implementation of the Parks and Recreation Element. (3) To review and recommend to the City Council plans for the development of recreation in the City. (4) To recommend to the City Council, amendment of the Parks and Recreation Element and to otherwise implement that element of the General Plan. (5) To undertake such other duties as may be assigned by the City Council. SECTION 7. Planning Commission. A. Planning Commission Created: A Planning Commission for the City is hereby created. B. Membership: The Planning Commission shall consist of a total of five (5T members. C. Duties: The Planning Commission shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To develop and maintain a general plan. (2) To develop such specific plans as may be necessary or desirable. (3) To periodically review the capital improvement program of the City. (4) To make recommendations to the City Council to effectuate changes to the Land Use Management Code and the General Plan in accordance with the provisions of said Code. (5) To approve, deny, or approve with modification or conditions development proposals or parts thereof in accordance with the provisions of said Code. (6) To undertake such other duties as may be assigned by the City Council. SECTION S. Traffic and Transportation Commission. A. Traffic and Transportation Commission Created: A Traffic and Transportation Commission for the City is hereby created. B. Membership: The Traffic and Transportation Commission shall consist of five (5) members. C. Duties: The Traffic and Transportation Commission shall undertake and have the following duties, responsibilities, and functions together with the powers incidental thereto: (1) To review and make recommendations to the Planning Commission regarding site plans and tentative maps with regard to their impact on internal and external circulation matters and including public parking facilities for development projects. (2) To recommend to the City Council amendments to the Circulation Element of the General Plan and to otherwise implement said Element. -5- (3) To undertake such other duties as may be assigned by the City Council. SECTION 9. Repeal. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage. SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED, this 18th day of May , 1977, by the following vote, to wit: AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor Heckscher NOES: None ABSENT: None YVON O. HECKSCHER, MAYOR ATTEST: CITY CLE STATE O;CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 321 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on May 4 1977 , and adopted at a meeting held on May 18 1 1977. (SEAL).r2 MARY -ANN iOVE CITY CLERK