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}
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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
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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
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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.
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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
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50B-12