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HomeMy WebLinkAboutOrd 726 ORDINANCE NO. 7026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AMENDING SECTIONS 2.06, 2.22, 2.29 AND 2.30 OF THE CATHEDRAL CITY MUNICIPAL CODE RELATING TO APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Cathedral City Municipal Code includes provisions that regulate the formation of official Boards, Commissions, and Committees and the duties and responsibilities of such bodies; and, WHEREAS, the City Council desires to amend specific sections of the Municipal Code to improve the efficiency of the development review process, and to better define the roles and responsibilities of each Board, Commission and Committee; and, WHEREAS, the City Council finds that the amendments will serve the good order, health, safety and general welfare of the residents of the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2.06, shown in its entirety, is hereby amended as indicated in this Section 1 with all changes highlighted, additions underlined and deletions struck: 2.06.010 General rules regarding appointments, terms, vacancies. A. Unless otherwise provided by law, or by ordinance or resolution, or unless by the very nature of a situation the provisions of this section may not be made applicable, all members of boards and commissions of the city shall be appointed for three -year terms commencing on July 1st of the year of appointment; provided, that interim vacancies shall be filled by appointment for the unexpired term of the member replaced. This rule shall not, however, apply in regard to a newly established board or commission to which initial appointments are made on a staggered -term basis; provided, that the longest such term shall not exceed three years commencing with the July 1st next following the appointment. B. Any member of a board or commission may be removed from office at any time, with or without cause, by a majority vote of the City Council, except in cases where the Mayor or City Council are not the appointing authority (in which cases such regular appointing authority may exercise this power of removal). If a member is absents -; imself without advance permission of the board or commission or of Ns the appointing authority, from three consecutive regular meetings or from twenty -five percent of the duly scheduled meetings of the board or commission within any fiscal year, his offic - the member's position shall thereupon become vacant and shall be filled as any other vacancy. Except in cases where the Mayor or City Council are not the appointing authority, no person shall be appointed to and serve substantially more than two full consecutive terms upon any single board or commission, 1 and any person who has served substantially two full consecutive terms shall not be reappointed to the same board or commission until at least the time equal to one full term has elapsed. C. Unless otherwise provided by law, or by ordinance or resolution of the City Council, all members of boards and commissions of the City appointed by the City Council shall be initially, and during their incumbencies, bona fide residents and registered voters of the city, and no such member at or during such time shall be an employee of the city. D. Notwithstanding the provisions of Subsection B of this Section relating to limiting the terms of board and commission members, residency, and relating to reappointment thereof, the City Council may, at any time, in the best interest of the city, upon the affirmative votes of any four members of the City Council, waive the term limit provisions of Subsection B, and reappoint any member of a board or commission of the city for one additional term. E. When deemed necessary or appropriate by the City Council, and with the affirmative vote of not less than four members of the City Council, any board or commission appointed by the City Council may be placed on indefinite hiatus status. When on hiatus, the board or commission shall not hold official meetings or perform any duty or task of the board or commission. (Ord. ?? § 1, 2013; Ord. 381 § 2, 1993; Ord. 2 § 1 (part), 1981) 2.06.020 Chairpersons, vice chairpersons — Selection— Terms. Unless otherwise provided by law, or by ordinance or resolution, each board and commission of the City shall annually at its first meeting held after June 30th, choose one of its number as chairperson and one as vice chairperson. Each chairperson and vice chairperson shall have authority and perform such duties as are commonly associated with their respective titles, or as may be specially prescribed by law or by the bylaws or other rules of the board or commission. Vacancies in either such position occurring prior to July 1st may be filled as in the first instance, and a new chairperson or vice chairperson may be chosen at any time by majority vote of all members of the board or commission. (Ord. 2 § 1 (part), 1981) Section 2. Chapter 2.22 is deleted in its entirety. The subsequent Chapters and Sections of Title 2 are renumbered as appropriate. Section 3. Section 2.29, shown in its entirety, is hereby amended as indicated in this Section 3 with all changes highlighted, additions underlined and deletions st ck: Chapter 2.29 PLANNING COMMISSION 2.29.010 Created Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, the functions of the planning agency are assigned to the department, division or office of the City which carries out the responsibilities of a planning department, and to a Planning Commission. The Planning 2 Commission shall consist of five seven members appointed in the manner and for the terms prescribed in Section 2.06.010 of this cede Title. Members may receive such compensation as is prescribed by resolution of the City Council. The Planning Commission shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the Cathedral City gOrlieance Development Code, ate-in-this Cathedral City Municipal Code and other local ordinances. 2.29.020 Secretary, Staff Support, Committees The Planning ommission shall be authorized to appoint ppoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The City Manager shall appoint a person to act as secretary to the Commission, and shall be responsible for providing the necessary staff support. At a minimum, the Planning Commission shall maintain the following subcommittees: 1. Architectural Review Subcommittee. The subcommittee. shall include three members of the Planning Commission and consist of a licensed architect and landscaped architect. The subcommittee shall meet when necessary to perform the duties identified in the Cathedral City Development Code. The meetings of the subcommittee are subject to the Brown Act. The subcommittee shall review projects for compliance with the applicable provisions of the Development Code and submit a recommendation to the full Planning Commission. The Architectural Review Subcommittee will ensure the following: A. That all projects will create an image with a high degree of quality that improves the built environment, and incorporates quality < amenities with regard to architecture, landscaping, and the streetscape. 8. That effective design guidelines are created and to assist in the formulation of policy and code amendments related to architectural design and landscaping. C. That recommendations are forwarded to the Planning Commission regarding the architectural design and landscaping for all development projects. The Architectural Review Subcommittee is authorized to take final action on architectural design and landscaping for Administrative Design Reviews and modifications to Conditional Use Permits where appropriate. 2. Streets and Transportation Subcommittee. The subcommittee shall include three members of the Planning Commission and shall meet when necessary to perform the duties identified in the Cathedral City Development Code. The meetings of the subcommittee are subject to the Brown Act. The subcommittee shall review projects for compliance with the applicable provisions of the Development Code and submit a recommendation to the full Planning Commission. 3 2.29.030 Meetings —Rules of procedure The Planning Commission shall meet at such time and place as shall be fixed by the Commission by its standing rules. A majority of the existing appointed g J y g ppointed members of the Commission shall constitute a quorum for the general transaction of business, subject, however, to more restrictive requirements as to the number of votes necessary in order to take certain actions, as may be prescribed in the Planning and Zoning Law. The commission may establish such rules and regulations as it deems necessary and expedient for the conduct of its business, and shall, in compliance with Section 65804 of the Planning and Zoning Law, develop and publish procedural rules for conduct of the commission's hearings so that all interested parties shall have advance knowledge of procedures to be followed. In matters relating to the holding of regular and special meetings, the commission is bound by the provisions of the Ralph M. Brown Act of the state (Sections 54950 et seq. of the California Government Code). 2.29.040 Discretionary Power The Planning Commission has discretionary power to review any and all proposals for development submitted to it to take into consideration the effect of the proposal or the proposed development upon surrounding property and upon the residents of the City of Cathedral City, and inhabitants thereof, and to consider the overall best interest of the City of Cathedral City, in general, in discharging its function to promote the public health, safety, peace, morals, comfort, convenience, and general welfare. The Commission is authorized and directed to protect the character and stability of residential, commercial and industrial areas of the city of Cathedral City, to prevent any proposed project or proposed development from detracting from the quality of life is surrounding property, and of all the residents of the City, said discretion to be exercised by the Planning Commission in accordance with fairness and due process. In the granting or denying of any permit, proposal, development approval, design review approval, conditional use permit, or any other matter affecting a proposed development or any other matter coming before the Commission in the regular course of its business, the Planning Commission may take into consideration the effect of the proposal upon surrounding property, upon the residents of the City of Cathedral City, and the inhabitants thereof, and in making its determination, the Planning Commission may exercise its sound discretion as to whether said permit, proposal, design, development, or other matter should be granted, modified, denied or approved conditionally. The Commission, in arriving at any decision shall consider all evidence presented to it, relevant to such decision and, in proceeding, may overrule the action of the Department or of any subordinate body of the Planning Commission, and order that any approval or denial of any proposal of any development plan be granted, modified, denied, or conditioned. The Planning Commission shall support any such action with appropriate findings. Section 4. Chapter 2.30 is deleted in its entirety. The subsequent Chapters and Sections of Title 2 are renumbered as appropriate. 4 I I 1 , / i Section 5. The City Council declares that, should any provision, section, paragraph, 1 i sentence or word of this ordinance be rendered or declared invalid by any final i court action in a court of competent jurisdiction or by reason of any preemptive I I, legislation, the remaining provisions, sections, paragraphs, sentences or words of - this ordinance as hereby adopted shall remain in full force and effect. , 3 I . Section 6. All the provisions of the Cathedral City Municipal Code as heretofore adopted 1 . that are in conflict with the provisions of this ordinance are hereby repealed. 1 1 1 i Section 7. This Ordinance shall take effect thirty (30) days after its second reading by the i City Council. 1 I I Section 8. The City Clerk shall, within fifteen (15) days after passage of this Ordinance, 1 cause it to be posted in at least three (3) designated public places; shall certify to , the adoption and posting of this Ordinance; and shall cause this Ordinance and I i its certification, together with proof of posting, to be entered in the Book of i Ordinances of this City. i I 1 Section 9. The foregoing Ordinance was approved and adopted at a meeting of the City 1 Council held on the tv day of AttlW2013, by the following vote: 4 ac reZr / 0-eki ity , ps-/-;s1 /0/es Ayes: 1 1 i i Noes: 1 7;e iosc? I Abstain: 0 Absent: 0- , ler a h een J. Dell. :, Mayor 1 , , I ATTEST: 0 , ; ' z epu / City Clerk i i )' ; I APPROVED AS TO FORM: 0 1/66i------- APPROV D AS TO CONTENT: Charles R. Green, City Attorney Andy Hall, Cit Manager , / 4 / , i i i i 3 5 : 1 3 3 3