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ORD 546 Disbanded ALRB, Added to PCORDINANCE NO.546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTERS 2.06 AND 2.29 RELATING TO THE PLANNING COMMISSION MEMBERSHIP, AND ELIMINATING THE ARCHITECTURAL AND LANDSCAPING REVIEW BOARD BY DELETING CHAPTER 2.30 WHEREAS, Chapter 2.06 of the La Quinta Municipal Code ("Code") sets forth the general rules relating to all boards, commissions and committees of the City of Lo Quints ("City"); and WHEREAS, it is necessary from time to time for the City Council to expand or retract the powers and duties of various boards, commissions and/or committees either temporarily or permanently and this is acknowledged by the amendment herein to Section 2.06.070 of the Code; and WHEREAS, Chapter 2.29 of the Cade sets forth the specific rules relating to the composition, powers and duties of the Planning Commission ("Commission"); and WHEREAS, Chapter 2.30 of the Code sets forth the specific rules relating to the composition, duties and qualifications of the Architectural and Landscaping Review Board ("ALRB"); and WHEREAS, the City finds that it would be beneficial to project and permit applicants, as well as the operations of the City, to streamline the review process by eliminating the ALRB; and WHEREAS, the elimination of the ALRB warrants certain changes to the makeup of the Commission, and qualification of Commissioners in order to absorb duties formally assigned to the ALRB; and WHEREAS, the City finds that enlarging the Commission from five to seven members is warranted, and in addition, requiring two of those members to have expertise in architecture or landscape architecture. NOW, THEREFORE, the City Council of the City of La Quints does ordain as follows: SECTION 1. Section 2.06.040 of the Code entitled QUALIFICATIONS, item (C) is amended as stated in Exhibit A attached hereto. SECTION 2. Section 2.06.070 of the Code entitled PURPOSE, POWERS AND DUTIES, item (A) is amended as stated in Exhibit A attached hereto. Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 2 of 11 SECTION 3. Chapter 2.29 entitled PLANNING COMMISSION is amended as stated in Exhibit B attached hereto. SECTION 4. Chapter 2.30 entitled ARCHITECTURAL AND LANDSCAPING REVIEW BOARD is hereby deleted in its entirety as stated in Exhibit C attached hereto. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the repository of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 4th day of October 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None c LIN A EVANS, Mayor City of La Quinta, California ATTEST: dVI.A.G1/hi YY1.lIA.14— Z4- SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 3 of 11 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quints, California Ordinance No. 546 Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 4 of 11 Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 5 of 11 EXHIBIT A Chapter 2.06 BOARDS, COMMISSIONS AND COMMITTEES 2.06.010 Definitions. A. 'Board" means a group of council -appointed persons who provide advice on city issues. B. "Commission" means a group of council -appointed persons having limited legislative powers to make decisions or recommendations to the council on city issues. C. "Committee" means a temporary group of persons chosen by the council to give special consideration, investigation, and prepare a report on a pending city issue. 2.06.020 Appointments, number of members. A. The city council shall appoint members to all boards and commissions with the exception of the housing commission, whose members shall be appointed by the La Quints housing authority. B. From time to time, the city council may establish a committee(s), or committee(s) may be established by boards and commissions authorized to do so. The establishing body shall determine the number of committee members needed to best perform the duties of that committee and the establishing body shall make appointments pursuant to this section. C. The city council shall make appointments to vacancies at open session of a regular or special city council meeting. The housing authority shall make appointments to housing commission vacancies at open session of a regular or special housing authority meeting. D. The order of appointments shall be taken up by the city council based on a random drawing publically conducted by the city clerk. E. Applicants may apply for appointment to more than one board or commission but order of preference shall not be noted and shall not be considered by the city council. F. The number of members on each board and commission shall be set by the city council, or in the case of committees, by the establishing body. Refer to the related municipal code chapter for details regarding a specific board or commission. 2.06.030 Term and term rotation. A. Unless otherwise provided by law, 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 shall be appointed for three-year terms commencing on July 1st of the year of appointment. B. All members of a committee shall be appointed to terms and have term rotations set by the city council, or the establishing body. Ordinance No. 546 Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 6 of 11 C. Interim vacancies shall be filled by appointment for the unexpired term of the member replaced. D. These rules shall not apply to a newly established board or commission to which initial appointments are made on a staggered -term basis. E. After serving two consecutive three-year terms, or a total of six consecutive years, on a specific board or commission, that member shall rotate out of that board or commission and shall not be considered for reappointment to that specific board or commission until one year has elapsed. F. Any board or commission member who has been or will be rotated out of one board or commission, may apply for appointment to any other board or commission immediately, or anytime thereafter. G. An exception to the restriction on sequential reappointment to a board or commission after having served for six consecutive years shall be granted for positions requiring specific expertise, characteristics, or professional certifications as set by the city council in past or future actions. H. Any term for a board, commission or committee may be extended by action of the city council. Any term for the housing commission may be extended by action of the housing authority. 2.06.040 Qualifications. A. Unless otherwise provided by law, ordinance, or resolution of the city council, all members of boards and commissions of the city shall serve on only one board or commission at any given time in order to avoid simultaneous memberships. B. All members of boards and commissions appointed by the city council or the housing authority shall initially, and during their term(s), be bona fide residents and registered voters of the city. C. Exceptions to the resident requirement shall be granted for certain planning commission positions (see Chapter 2.29). D. Some boards, commissions and committees require specific qualifications of its members in order to perform the duties prescribed. If a member ceases to meet the required qualifications, s/he shall be disqualified from being a member of that board, commission or committee and a qualified applicant shall be appointed to fill the remainder of the unexpired portion of his or her term. (Refer to the municipal code section for each board, commission or committee for details on qualifications required.) E. No member of a city board or commission shall bean employee of the city. F. If a member of any board, commission or committee is convicted of a felony or a crime involving moral turpitude, his/her office shall become vacant, and shall be so declared by the city council or housing authority. Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Oeleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page ] of 11 2.06.050 Meetings, organization, quorum and rules of procedure. A. Unless otherwise provided by law, ordinance or resolution of the city council, each board, commission and committee shall meet once each month or as needed on the date(s) selected by the board, commission or committee. B. Special meetings may be called by the chairperson or a majority of the board, commission or committee in accordance with state law. C. Unless otherwise provided by law, ordinance or resolution of the city council, a quorum for each board, commission or committee shall be the majority of existing, appointed members. D. Each board, commission and committee shall follow such rules and regulation established by the city council for the conduct of its business. E. Unless otherwise provided by law, ordinance or resolution of the city council, each board, commission and committee shall choose one of its members as chairperson and one as vice chairperson at its first meeting held after June 30th of each year. F. 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, commission or committee. G. Vacancies in either the chairperson or vice chairperson position occurring prior to July 1't 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, commission or committee. 2.06.060 Compensation. Compensation for boards or commissions or committees shall be as set by ordinance or resolution of the city council. 2.06.070 Purpose, powers and duties. A. The purpose, powers and duties of all boards and commissions are determined by the city council and set forth in the municipal code section specific to each board and commission. From time to time, the city council may expand or retract powers and duties either temporarily or permanently and may, by ordinance or resolution, amend any chapter or section of this code. B. The purpose, powers, and duties of all standing and temporary committees shall be set by the city council or the city -authorized creating entity. Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board Adopted: October4,2016 Page 8 of 11 2.06.080 Compliance with the Political Reform Act. On an annual basis, in conjunction with the Political Reform Act disclosure statutes and the city of La Quinta's Conflict of Interest Code, or at any time if a change in circumstances warrants, each board, commission and committee member will provide the city council with a disclosure statement, which identifies any matters that have a bearing on the appropriateness of that member's service. Such matters may include, but are not limited to, changes in employment, changes in residence or changes in clients. 2.06.090 Removal from office, limitation on absences. A. Any member of a board, commission or committee may be removed from office at any time, with or without cause, by a majority vote of the city council or in the case of the housing commission, by a majority vote of the housing authority. B. If any member of a board, commission or committee absents him or herself from two consecutive regular meetings, or absents him or herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. C. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the - fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences. 2.06.100 Staff support and recordkeeping. A. All departments of the city, through the office of the city manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the boards, commissions and committees in the performance of designated duties. B. The city manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff and clerical help to all boards, commissions and committees. C. The staff and clerical help assigned by the city manager shall maintain accurate and permanent records of the acts of each board, commission and committee. D. All boards, commissions and committees shall supply to the city council and/or housing authority, on request, such information relating to its activities as are public records. Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October4,2016 Page 9 of 11 EXHIBIT B Chapter 2.29 PLANNING COMMISSION 2.29.010 General rules regarding the planning commission. Except as set out below, see Chapter 2.06 for general provisions. 2.29.020 Number of members. The planning commission shall consist of seven members appointed by, and serving at the will of the city council. 2.30.030 Qualifications of members. A. In addition to the qualification requirements set forth in Section 2.06.040, it is required that two members ("professional member") have a strong background in architecture or landscape architecture. B. The city council may appoint nonresidents as professional members when, in the judgment of the city council, there is a lack of applications from qualified city residents. 2.29.040 Powers and duties. Pursuant to Section 65100 et seq., of the California Planning and Zoning Law, there is established for the city a planning agency, consisting of a planning department, a planning commission, and the city council acting in combination. The planning commission shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the La Quints zoning ordinance and in this code and other local ordinances; provided, that it shall not exercise any direct contracting authority as specified in Section 65007 of the Planning and Zoning Law. 2.29.050 Committees. The planning commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. Ordinance No. 546 Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October4,2016 Page 10 of 11 Ordinance No. 546 Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board Adopted: October 4, 2016 Page 11 of 11 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LA QUINTA I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 546 which was introduced at a regular meeting on the 201h day of September 2016, and was adopted at a regular meeting held on the 4m day of October 2016, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. � V r 4U SUSAN MAYSELS, City C16ilk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of Lo Quinta, California, do hereby certify that the foregoing ordinance was posted on Octoberllf, 2016, pursuant to Council Resolution. SUSAN MAYSELS, City Cldjk City of Lo Quinta, California