HomeMy WebLinkAbout11C - 2ND READ ORD. - ETACREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2017
TITLE:
SECOND READING 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. 5, 1}
�rt
RECOMMENDED ACTION
Place revised ordinance on second reading and adopt.
DISCUSSION
CLERIC OF COUNCIL USE ONLY:
APPROVED
As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2" Reading
Implementing Resolution
® Set Public Hearing For®
CONTINUED TO
FILE NUMBER
On December 20, 2016, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6 -0 (Tinajero absent):
ORDINANCE NO. NS -2910 - 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
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative
to expand access to information and create opportunities for stakeholders to play an active role in
discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Merfa D. Huizar,
Clerk of the Council
EXHIBIT: 1. Ordinance No. NS -2910 — Marked up version reflecting changes.
2. Ordinance No. NS -2910 — Final version without markups.
11C-1
11C-2
Jmf 1 -09.17
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. Rased 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 (new language underlined, deleted language in strikeout for
tracking purposes only):
Exhibit 1
Ordinance No. NS -XXX
11C-3 Page 1 of 4
Jrnf 1 -09.17
Sec. 33.183. Creation and establishment of the Eenvironmental and
Ttransportation Aadvisory Csommittee.
(a) On December 2, 1991, the city council created and established under city
council Resolution No. 91 -112 the environmental and transportation advisory committee
(ETAC) for the City of Santa Ana whlGh n 6!&t6 Of -he (9) I—em hgr8,-- GiIiZ$RS, F866GIORts
and h 19USIR866 GRtatiy of this nifv ..rhn ire o . .n. 1. 1 .. w. .er enA clty G96IRG'
i
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
need not be qualified electors of the city.
laws.
SECTION 3. Section 33 -184 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 33 -184. Duties and responsibilities of the Eenvironmental and
Ttransportation Aadvlsory Ccommittee.
(a) The duties of the 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 a;eAg-sity- streets in the public right of
wgy. 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.
the city council
Ordinance No. NS -XXX
11C-4 Page 2 of 4
Imf 1 -09 -17
recommendation related to master planning of transportation and streetscape matters
and guiding principles on Water and Wastewater matters.
environment, streetscape, and right of way aesthetics.
w.
1. - C
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 taw.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Assistant City Attorney
Miguel A. Pulido
Mayor
Ordinance No. NS -XXX
11C-5 Page 3 of 4
jmf 1 -00.17
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No, i 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
11C-6 Page 4 of 4
jmf 1 -09 -17
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
EXhibi$ 2 Ordinance No. NS -XXX
Page 1 of 3
jmf 1 -09 -17
(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 city council, 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.
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
Ordinance No. NS -XXX
11C-8 Page 2 of 3
jmf 1 -09 -17
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
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
AYES:
John M. Funk
Assistant City Attorney
Councilmembers
NOES: Councilmembers
NOT PRESENT
Councilmembers
Councilmembers
2017.
Miguel A. Pulido
Mayor
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
11C-9
Ordinance No. NS -XXX
Page 3of3
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