HomeMy WebLinkAboutAgenda Bill 4B 02/01/2010CITY OF PETALUMA, CALIFORNIA
1~~~I®TI~A IIJL February 1, 20'
Agenda Title: Introduction (First Reading) ofan Ordinance Repealing and Meeting Date: February 1, 2010
Replacing Enabling Legislation for the City of Petaluma Tree Advisory
Committee. Meeting `l'ime: 7:00 PM
CateROry: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unfinished Business• ~ New Business
Department: Director: -,
r Contact Person: Phone Number:
City Clerk/City Attorney Claire Coope Claire Cooper 778.4360
Eric Danly
Total Cost of Proposal or Proiect: N/A Name of -Fund:
Amount 13ud~eted: N/A Account Number:
Current .Fu>rtd Balance:
Recommendation: It is .recommended that the City Council take the following action: Introduce ordinance
repealing and replacing enabling legislation for the City of Petaluma Tree Advisory Committee and direct the
City Clerk to seek applications for an additional citizen member of the committee.
.1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published%posted prior to second
reading; see Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
The Tree Advisory Committee was established by Ordinance -1874 N.C.S., effective December 18, 1991. That
legislation states that the committee shall include "representatives of the Planning Commission, Recreation,
Music, and Parks Commission, and the Site Plan and Architectural Review Committee (SPARC). The
abolishment of SPARC leaves the. committee with an even number of voting members. The draft ordinance
removes the reference to a SPARC representative and increases the number of citizen members from four to five.
Additionally, at its June 4, 2007 meeting, the City Council gave direction to the City Clerk, when seeking
applicants for the Tree Advisory :Committee, as follows: "Remove requirement for one member to be a `tree
professional'; continue .to allow one member to reside outside City limits." The draft. ordinance removes the
requirement for one member to be a "tree professional" but does not add any other qualifications or constraints
for the member who may reside outside the city limits.
:Attachments to Agenda Packet Item:
A. Ordinance 1874 N_C:S. Establishing the Tree Advisory Committee.
B. Excerpt from Minutes of June 4, 2007 City Council Meeting.
C. Draft Ordinance.
Reviewed by Finance Director:, Reyiewed b Ci Attorney.: A roved b Mana er:
Date: %-,;L~-~.%D Date: Date: / - Z4 -/v
Rev..# 1 ,i _ nA,ti Date Last Revised: 1/26/2010 File:
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CITY OF PETAI.LTIVIA, CALIF®RNIA
FEBRUARY I~ ZOIO
AGENDA REPORT
FOR
INTROD>(JC'I'ION (FIRST READING) OF AN ORDINANCE REPEALING AND REPLACING
ENABLING LEGISLATION FOR TIIE' CITY OF PETAL><11VIA TREE ADVISORY COIVIIVIITTEE
RECOMMENDATION:
Introduce ordinance repealing and replacing enabling legislation for the City of Petaluma Tree Advisory
Committee and direct the City Clerk to seek applications for an additional citizen member of the
committee.
2. BACKGROUND:
The Tree Advisory Committee was established by Ordinance 1874 N.C.S., effective December 18,
1991. That .legislation states that the committee shall include "representatives of the Planning
Commission, Recreation, Music, and Parks Commission, and the Site Plan and Architectural Review
Committee (SPARC).. The abolishment of SPARC leaves the committee with an even number of voting
members. The draft ordinance removes the reference to a SPARC representative and increases the
number of citizen members from .four to five.
Additionally, at its June 4, 2007 meeting, the City Council gave direction to the City Clerk, when
seeking applicants for the Tree Advisory Committee, as follows.: "Remove requirement for one member
to be a `tree professional'; continue to allow one member to reside outside City limits." The draft
ordinance removes the requirement for one member to be a "tree professional" but does not add any
other qualifications or constraints for the member who may reside outside the city limits.
3. FINANCIAL IMPACTS:
None.
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D~ I ~ i991 '~
ORDINANCE NO. 1874 N.C.S.
Introduced by Councilman
Councilmember Davis
Seconded by Councilman
Councilmember Read
AN ORDINANCE OF THE CITY OF PETALUMA ESTABLISHING
A TREE ADVISORY COMMITTEE
ATTACHMENT A
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section l: Chapter 2.80 of the Petaluma Municipal code is hereby added to read as
follows:
Chapter 2.80 -Tree Advisory Committee
2.80.020 Qualifications and Appointment of Members
2.80.030 Terms of Office
2.80.050 Vacancies
2.80.050 Duties
2.80.060 Rules and Regulations
2.80.010 Establishment - A Tree Advisory Committee consisting of seven
members is hereby established for the City.
2.80.020 Qualifications and Appointment of Members - Three members of the
Tree Advisory Committee shall be representatives of the Planning
Commission, Recreation, Music and Parks Commission, and the Site
Plan and Architectural Review Committee, and shall be selected by
their respective memberships. The remaining four committee
members shall be appointed from the community at large by the City
Council, and of these, one member shall have professional training in
arboriculture. All members except the -tree professional must have
resided in the City not less than one year prior to appointment.
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2.80.030 Terms of Office -Members of the Tree Advisory Committee selected
from the Planning Commission, Recreation, Music and Parks
Commission, and the Site Plan :and Architectural Review Committee,
shall serve until the 30th day; of June after his/her appointment, and
until a successor is appointed and qualifies, or until he/she ceases to
be a member of the represented commission or committee, whichever
occurs first. Terms of office for the other four members of the
Committee shall be two-year overlap ing terms, and they shall serve
until the 30th day of June or until his~er successor is appointed.
2.80.040 Vacancies -Upon the death, resignation, disability to perform the
duties of a member of the committee, or upon the loss of permanent
residency from the City, or upon the failure to attend any meeting of
the committee for five consecutive regular meetings, except in case of
illness or for some .,other unavoidable cause, the City Council shall
review and if found to be appropriate, declare the office of such
member vacant and thereupon appoint- a qualified person to fill such
vacancy for.the unexpired term of such member.
2.80.050 Duties -The. Tree Advisory Committee shall perform the duties
designated and delegated by the City Council on matters pertaining to
the management of tree resources within the City. The Committee
shall also serve as a forum for the coordination of tree-related City
policies, and shall advise the City on .matters referred by City
Departments, and other Council-appointed hearing bodies.
2.80.060 Rules and Regulations -The Tree Advisory Committee shall have the
right and duty to adopt such rules and regulations as it shall determine
for the holding and conducting of its meetings and hearings and' the
selection of its officers and for the performance of any of its functions
or responsibilities. The Tree Advisory Committee shall not have the
right to employ any persons or incur expenses or obligations against
the City except as provided by and. for which appropnations are made
by the City. Council pursuant to and in accordance with budgets
adopted'by the City Council.
40 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for.
41 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
42 shall not affect-the validity of the remaining portions of this ordinance. The City Council of
43 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
44 and each and all provisions thereof irrespective of the fact that any one or more of said
45 provisions be declared unconstitutional.
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Ord. 1874 NGS
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INTRODUCED and ordered Posted/Published this 4th day of
November , 19 91 ,
ADOPTED this 18th day of November , 19 91 , by the following vote:
AYES: Davis, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: Read, Cavanagh, Sobel
ABSTAIN:
ordtree /council?
a
ayor
APPROVED AS TO FORM:
. ~~
~.d L.~- ~. / / d s _
ity ttorney
Ord. 1874 NCS
• ATTACHMENT B
Excerpt from Minutes June 4, 2007 City Council/PCDC Meeting:
5. NEW BUSINESS
C. Consideration and Direction fo Staff Regarding City Council Appointed Boards,
Commissions, and Committees. (Darily/Cooper)
Consideration and Direction to Staff Regarding City Council Appointed Boards,
Commissions, and Committees. (Danly/Cooper)
Mayor Torliatt
Council Member Barrett
City Attorney Danly
Mayor Torliaff
City Attorney Danly
Council Member Barrett
City Clerk Cooper
Council direction to staff as follows:
Pedestrian and Bicycle Advisory Committee: Appoint dll members to 4-year terms.
Senior Advisory Committee: For this appointment only, appoint some members to 1-year
terms to establish staggered term-ending dates; going forward, appoint all members to
2-year terms; appoint two alternate .members for 2-.y.ear terms.
Technology and Telecommunications Advisory Committee: Appoint all members to 2-
yearterms.
Tree Advisory Committee: Seven merrmbers; remove requirement for one member to be a
"tree professional"; one member may live outside City limits
Youth Commission: Seven members; appoint all members to'2-year terms.
ATT~-'CHMENT` C
EFFECTIVE DATE ORDINANCE N.O. XXXX N.C:S.
OF ORDINANCE
Introduced by Seconded by
AN ORDINANCE OF THE CITY COUNCIL O:F THE CITY OF PETALUMA AMENDING CHAPTER
_ ,
2.80 OF TITLE 2,'`AD`MINISTRATION;' `OF THE PETALUNIA MUNICIPAL CODE TO MODIFY THE
QUALIFICATIONS AND APPOINTMENT OF MEMBERS O.F THE TREE ADVISORY COMMITTEE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section l . The provisions: of.Secaion 2.80.020 of Chapter 2:80, entitled 'Tree Advisory
Committee:," of Title 2, entitled " Adni'nistration," of the Petaluma Municipal Code are hereby
amended to read in full as follows:
2.80.020 Qualifications and appointment of members.
One member of the tree ddv;isory committee shall. be"a representative of the planning
commission, and shall be selected by vote. of the planning commission, One member shall be a
representative of the'recreatibn, music and parks.. commission, and shall b;e selected by vote of
the recreation, music and parks~co,mmission. The remdining fire committee members shall be
appointed by the city council. All members must have resided in fhe city not less than one year
prior to, appointment, except. that one member chosen by-the city council may reside outside
the City limits.
31 Section 2. Ordinance Nof Subject to CEQA. The City Council finds that this Ordinance is not
32 subject tb t'he C.alrfornia Environmental Quality Act (`"CEQA") in accordance 'with Section
33 15060°(c)"(2) of "the CEQ°A, Guidelines, (:Title 14, Chapter 3 of the California Code of Regulations) in
34 that the activity will not, result in a direct or reasonably foreseeable. indirect- physical change in
35 the environment, and in .accordance with section 15060(c)"(3) of the CEQA Guidelines in that the
36 activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no
37 potential for resulting'in.physical.. change to the environment, either directly or indirectly.
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40 Section 3. If any section;. subsection, clause or phrase or word of this ordihance is for any
41 reason held to be unconstitufional, unlawful or otherwise invalid by a court of competent
42 jurisdiction, such decision shall not affect the validity of the remaining portions o,f this ordinance.
43 The City Council of the City of Petaluma hereby declares that it would have-passed and
Ordinance No. XXXX N.C.S. Page 1
adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
or more of said provisions be declare unconstitutional, unlawful or otherwise invalid.
Section 4. This ordi_nanceshall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5: The City Clerk is hereby directed to post this ordinance for the period and in the
manner required by the City Charter.
INTRODUCED and ordered posted/published this 1 S' day of February 2010.
ADOPTED this day of February, 2010 by the following vote:
AYES:
NOES:
ABSENT:
Pamela Torliatt, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk
' Eric Danly, City Attorney
Ordinance No. XXXX N.C.S.
Page 2