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Home My WebLink About55D - RESO - ETAC BYLAWSREQUEST FOR COUNCIL ACTION D311111111, 44 rkrejoyvil=1 MAY 16, 2017 TITLE: RESOLUTION APPROVING NEW BYLAWS RELATED TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (STRATEGIC PLAN NO. 6, 1G) MAN ER' RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution whereby the City Council declares newly revised bylaws for governance over the business matters 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. Various administrative amendments related to ETAC were adopted, and in 1999, an ordinance codified the duties of ETAC in Chapter 33 of the Municipal Code. In 2014, staff looked into the history of ETAC, and the City Attorney's office determined that ETAC may only advise the City Council on matters related to trees and the urban forest. After that determination was brought to the attention of the City Council, staff collaborated with ETAC to clarify and modernize the roles and responsibilities of ETAC. A new ordinance governing ETAC was presented to the City Council on December 20, 2016. The second reading of that ordinance took place on January 17, 2017 (Exhibit 1). A companion set of revised bylaws were developed along with the new ordinance and was included for reference only when the new ordinance was presented to the City Council. The new bylaws could not have been adopted concurrently because the ordinance would become effective until 30 days after its second reading. The new ETAC bylaws are ready for adoption and are herein presented in the attached Resolution (Exhibit 2). The new ETAC bylaws were updated to match the new Ordinance since the new general duties of ETAC include acting in an advisory capacity to the City Council in matters related to transportation and streetscape master plans, and guiding principles on Water and Wastewater in addition to the former duties on matters regarding public trees within the urban forest. 5513-1 Resolution Adopting New ETAC Bylaws May 16, 2017 Page 2 The former bylaws are outdated and make references to obsolete roles. The new ETAC bylaws make reference to the new Ordinance, and are updated to match the style and format of other more recently adopted bylaws in effect on other committees. Lastly, the new bylaws are organized in logical sequence. 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. I bz� Fred Mousavipour Executive Director Public Works Agency i Exhibits: 1. Ordinance Establishing New ETAC Roles and Responsibilities 2. Resolution Approving New ETAC Bylaws 55D -2 imf 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 4b"dt i 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 5501-4 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: on4 1W. J n M. Funk Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero. Villeaas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Sarmiento (1) Ordinance No. NS -2910 55D -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 -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: 1 av�7 C "L CY✓t�c �• Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2909 Page 4 of 4 55D -6 imf 5/1/17 RESOLUTION NO.2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE WHEREAS, on December 20, 2016, Ordinance NS -2910 governing the roles and duties of the Environmental and Transportation Advisory Committee (ETAC) was presented to the City Council for its first reading. WHEREAS, on December 20, 2016, the City Council directed revisions to Ordinance NS -2910 as presented for first reading whereby the role and duties of ETAC would include acting in an advisory capacity to the City Council in matters related to trees in the public right of way and also in matters related to master planning of transportation and streetscape and guiding principles on Water and Wastewater. WHEREAS, on January 17, 2017, Ordinance NS -2910 was presented to the City Council in its final form for its second reading and was approved, becoming effective thirty days following approval. WHEREAS, a companion set of revised bylaws were developed in conjunction with Ordinance NS -2910 but could not be considered until the ordinance was in full effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The revised bylaws for the Environmental and Transportation Advisory Committee, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: a , M.I. L_�L J n M. Funk Assistant City Attorney Exhibit 2 Resolution No. 2017 -XXX Page 1 of 2 5501-7 jmf 5/1/17 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 the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2017. Date: Clerk of the Council City of Santa Ana 55D -8 Resolution No. 2017 -XXX Page 2 of 2