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HomeMy WebLinkAboutNS-2910 - Amending Chapter 33, Article VII of Santa Ana Municipal Code Relating to Role and Duties of Environmental and Transportation Advisory Commiteejmf 1-09-17 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 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 Ordinance No. NS -2910 Page 1 of 4 committee (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 advice 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 Ordinance No. NS -2909 Page 2 of 4 jmf 1-09-17 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 17th day of January, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: %V1% J n M. Funk Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Sarmiento (1) Ordinance No. NS -2910 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 -2910 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 17, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: / Z Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2909 Page 4 of 4