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HomeMy WebLinkAbout11 ORD 1332 - 2ND READING 05-01-07Agenda Item _~_ - • Reviewed: /~ ~~ ~\~ AGENDA REPORT City Manager /"Y~ ~~~` ` Finance Director N/A MEETING DATE: MAY 1, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE SECOND READING -ORDINANCE NO. 1332: CODE AMENDMENT 07-001 - PLANNING COMMISSION/HISTORIC RESOURCE COMMITTEE CONSOLIDATION SUMMARY: Code Amendment 06-005 consists of proposed amendments to Tustin City Code Section 9252c related to assigning cultural and historic resources responsibilities to the Planning Commission. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration. On March 13, 2007, the Planning Commission adopted Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001. This item was scheduled for consideration by the Council at its meeting of March 20, 2007 and continued for 30 days to solicit input from stakeholders. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1332 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On April 17, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1332 - An ordinance of the City of Tustin, California, amending Section 9252 c and associated sections of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9252 C AND ASSOCIATED SECTIONS OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILITIES TO THE PLANNING COMMISSION. The City Council of the City of Tustin, California, finds and ordains as follows: Section 1. A. That on January 15 and February 20, 2007, the City Council, after consideration of matters related to consolidation and realignment of commission/committee responsibilities and ways to minimize impacts on City resources related to City Boards, Commissions, and Committees, initiated and referred draft Ordinance No. 1332 to the Planning Commission for consideration; B. That State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee and that the City Council does have the discretion to assign the duties of the Committee to the Planning Commission; C. That the Council has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee) because the State's recommended professional qualifications no longer apply; D. That the Planning Commission acting in this capacity could develop a list of desired duties and responsibilities regarding cultural and historic resources for the City Council's review and consideration on an annual basis; E. That there is less of an impact on the City's general fund in that the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop each year; F. That on March 13, 2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code Amendment 07- 001; G. That on March 20, 2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the City Council; and, H. That this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not Ordinance No. 1332 Page 2 a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 2. Subsection c of Section 9252 of the Tustin City Code is amended to read: c. Planning Commission The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such. Section 3. Any reference within the Code to the Historic Resource Committee or Cultural Resource Advisory Committee is hereby changed to Planning Commission. The City Clerk is authorized to make this name change within the Code as deemed appropriate. Section 4. The provisions of this Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. PASSED, APPROVED, AND ADOPTED this day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER CITY CLERK 2 Ordinance No. 1332 Page 3 APPROVED AS TO FORM: DOUGLAS HOLLAND CITY ATTORNEY ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1332 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the day of 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: 3